When in grade school, everybody learns that the American Civil War was about slavery. Then as students become older, the school systems introduce how the issues that brought on the Civil War were more complicated than that, and it was also about the rights of the states to govern themselves versus the right of the nation to be unified (States vs. Federal). The Civil War may be long over, but the issues that started it have never been resolved.
A little over a week ago, Gov. Eliot Spitzer of New York announced a new plan to issue driver’s licenses without regard to immigration status. Although New York State is home to more than 500,000 illegal immigrants, according to Mr. Spitzer “The D.M.V. is not the I.N.S.” The Immigration and Naturalization Service (INS) has been known as the federal Immigration and Customs Enforcement agency (ICE) since it merged with the Department of Homeland Security.
New York State’s move to make illegal immigration easier is decidedly unusual in light of the recent federal moves to make life very difficult for anyone who is not a U.S. citizen or legal immigrant. ICE has recently stepped up enforcement of immigration laws and increased arrests of illegal immigrants taking advantage of the system.
There is also a new, very controversial system being instituted across the nation to deter the abuse of social security numbers. The problem lies in existing “no-matches” for 264 million employees across the country, and the numbers are increasing every year. Reasons for “no-match” social security numbers include marriage, misspellings, an honest mistake, or number abuse. The Department of Homeland Security wants the problem resolved because they suspect that many of these “no-matches” are due to illegal immigrants abusing the system. Enforcement of the system would allow 120 days for the discrepancy to be resolved or, by law, the employee must be terminated by their employer.
So while New York State is essentially welcoming illegal immigrants, the federal government is hunting down and arresting the same people. This is a strong example of how individual states are still battling the federal government for control. These conflicts may never be resolved, but I think it’s important to admit they exist.
Consider this: New York State has a large number of illegal immigrants. When they don’t legally apply for a driver’s license the result is people on the road who haven’t taken a driver’s exam, don’t know how to drive, and supposedly cause a serious safety risk. However, in a non-entry state such as Missouri, where there are fewer illegal immigrants, there may be less of a need for consideration of laws which go against the federal grain like the one discussed here.
In the end, we have to consider what is best both for the nation, and for ourselves. But the United States is so geographically and culturally expansive, is it really desirable to have a completely unified nation? To what extent do our laws need to correlate?
References:
http://www.nytimes.com/2007/09/22/nyregion/22licenses.html
http://www.bloomberg.com/apps/news?pid=20601039&refer=columnist_skrzycki...
http://www.mondaq.com/article.asp?article_id=52060
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I am mostly for state's rights, unless it has to do with violent crimes. I think the federal government should have laws "across the board" for violent offenders such as murder, sexual assault, but that's a totally different subject.
To go on about the DMV, if I was a worker there I would seriously consider my options (see a lawyer) about being able to refuse to get out driver's licenses. First of all, if there's no valid SSN, how do illegal immigrants get a driver's license? And the paperwork they will probably have to do will be outrageous...it honestly doesn't matter if you want illegal immigrants shipped out or assimilated into the country, this is going to cause a lot of problems with our government.
(The DMV is already ridiculous with waiting and lines! They don't need this mess thrown in!)
You're right, this is a great question facing our society. Defending "States' rights" has traditionally been the domain of the right wing seeking to end Federal intervention into their segregated schools and Jim Crow laws. Now, we'll see what happens when New York (and to a point, my city, Durham, NC, which is a "sanctuary city") tries to avoid the enforcement of Federal laws regarding immigrants.
California and Oregon have a similar situation with their legalization and prescription of marijuana - its perfectly OK according to the state, but the Feds continue seizing plants (medicine) from cancer and glaucoma sufferers...
A State can't make legal that which the federal government has deemed illegal.
Now, as to whether or not the federal government laws on drugs or homosexual marriage or other current 'trendy' subjects are wholly constitutional is another matter.
A State can make illegal something that the federal government makes legal, within some realms of reason, as we find with states that do not allow concealed carry permits.
However, a state can't declare something legal that goes against standing federal law.
Immigration policy does fall into the realm of federal oversight and, therefore, the illegal status of illegal immigrants is a federal issue, not a state issue.
Hopefully the supreme court will find fault in sanctuary cities and states for violating the terms of federal law by allowing and giving aid to those in violation of federal law.
So how does this effect the DMV workers? What would be their options, without potentially hurting their jobs?
they'd have to follow the policy of the jurisdiction or state. They would be protected from criminal or civil action if they are 'doing their jobs' if the act of granting a drivers license to an illegal immigrant is deemed unconstitutional.
I'm no lawyer and your mileage may vary, but generally a worker is not held responsible if they are acting as instructed.
Now, I would, on the side, work with those trying to fight the idea of giving drivers licenses to illegal immigrants, but that's because I don't believe that we should reward them with the priviledge of driving legally for the illegal acts of being here illegally and driving illegally.
Some stays may allow them to fire you for supporting such things, but that would be a ripe lawsuit.
If that didn't answer your question, I'm afraid I didn't fully understand it. If that is the case, please explain and I'll do my best.
you did. that makes a lot of sense...lawsuit, lol hell yeah.
The state can't make it legal in terms of federal law, of course, but they can make it not a state offense. In that way, state officers can't arrest someone for it - only ICE or DEA agents.
That's what sanctuary cities do - they just don't instruct their officers to enforce federal law - they aren't required to, just as I'm not required to.
That's just it, you can't aid someone breaking federal law. That's what i've been talking about.
The act of cities and states to wilfully not arrest people breaking federal law, or not even checking legal status of a person, is an attempt to make legal what the federal government has deemed illegal.
it is the act of not assisting that is a violation of the federal government and should be met with prosecution of the ones who made such policies, or at the very least a cutting of federal funding to states which harbor sancturary cities.
Governor or Pope!
We have criminals in this country boldly going where no criminals have gone before. Right out there in front of the Main Stream Media.
It is long over due that we report these acts of aiding and abetting. It could just be the trigger that the police need to act.
Many police departments, sheriffs departments, prosecuting attorneys and other law enforcement agency’s can now be contacted online.
Many in law enforcement feel the same as we do about this illegal invasion.
Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)
"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):
A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:
* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or
* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or
* knowingly assists illegal aliens due to personal convictions.
There are places to report people suspected of being here illegally. Frankly, I think that when they have the illegal immigration parades, ICE should be there checking legal states of everyone who attends.
I'm not talking about silencing free speech or the right to assemble and peacefully protest... I'm talking about a prime location to find illegal immigrants.
When you're looking for hookers, you go to street corners and seedy hotels... when you're looking for mobsters, you go to the docks.... why wouldn't you go to pro-illegal immigration protests to find illegal immigrants?
While I understand what y'all are saying, I also get the feeling that there are going to be crazy vigilantes out there that think they'll be helping America by hunting down people they "think" are illegals.
We need to allow the government to do its job, and we need to have businesses report it! When I worked as a waitress we had a kitchen full of illegals. When citizens (business owners) of America make money off of illegals, they should be punished.
It doesn't work that way.
You either are legal, or you aren't. You're a citizen, you have a visa, or you're living and working here without paying income taxes.
That they wouldn't have been such a problem now if businesses hadn't been making such a large profit. They come here for the work. Well, who's giving them the work?
It's the fault of people here legally and/or citizens that profit off of these people. The steakhouse I used to work at turned a blind eye and allowed men that don't even speak English to work in the back of the kitchen and the grill.
If anyone wants to stop illegal immigration and secure the border, they are already writen off as racists and crazy vigilanties.
However, right now the government, particularly on the federal level but also many state governments, are not doing their part to stop illegal immigration. Businesses aren't going to 'just stop' hiring someone for a couple bucks an hour unless it becomes something they don't WANT to do.... you do this with stiff penalties (be it fines and/or prison time)
Right now when ICE raids a factory or other business and arrests a bunch of illegal aliens they end up getting sued for 'invasion of privacy' . . ..
You don't have a right to break the law, you don't have a right to be here illegally and, frankly, if you are here illegally, you don't have ANY rights... as the Constitution only applies to those legally here.
However, we are just a kind and loving country, giving to a fault, that we'll apply rights to those who are breaking the law and coming here illegally, out of a fear of hurting someone....
You can't reward people who break the law. jobs and healthcare/drivers licenses/etc are just that kind of reward... not to mention a HUGE slap in the face to those who work hard to come here legally.
"Businesses aren't going to 'just stop' hiring someone for a couple bucks an hour unless it becomes something they don't WANT to do.... you do this with stiff penalties (be it fines and/or prison time)"
But I haven't heard any cases of businesses actually being fined. I think if the government starts taking care of that little detail, we'll have a major difference in the reduction of illegals.
And if the gov't isn't doing their job, who's going to?
by the way, I'm not writing anyone off as being vigilantes...I can just see it in the news soon, about someone going crazy about all the "Mexicans". Lol, it only takes one person and the bad press/reputation of America trying to get illegal immigrants will go global and we'll (Americans) once again be hated, for another reason. In this global age America needs to get its reputation back up, for the economy, for peace, for...everything. Sorry, that's a tangent.
Some businesses have been fined. Many have. but the fines are apparently too minor, as the businesses keep hiring.
One state, Arizona I believe, has recently enacted SEVERE fines and penalties for hiring illegals and assisting illegals and apparently there is the beginnings of a mass exodus.
unfortunately, you are right. The press favors illegal immigration and so they go and LOOK for cases of racists and push them as the average person who is against illegal immigration, trying to make it look like we're against 'immigration' when in fact, we're against 'illegal'
The press largely ignores the incredible numbers of crimes (including biggies like rape and murder) done by the illegal immigrants, and largely ignores the giant drug trafficing business many illegal aliens take part in. If the press showed more of those, and less stories of people trying to claim that the minutemen were racist hate-mongers, public opinion would be vastly different regarding illegal immigrants.
However, I would suggest that the media knows this and that is why they don't report it. Our Federal government isn't much better. Both sides benefit from illegal immigration (Democrats get the votes, Republicans get the support of the shady business men) . .. it is the American Citizen who suffers (especially the immigrants who come here legally.)
Well you're right because just this morning on Good Morning America they showed a small town in Texas with footage of a man (American) grabbing the neck of a Hispanic (they didn't say if he was an illegal immigrant or not) and they were yelling in each others face.
Well sure, Anything to make a Texas (one of the border states and a very conservative state, except for Dallas and Houston) look like a bunch of racists.
An attempt to make those against illegal immigration appear to be racist.
It isn't about 'immigration' . . . it is about "illegal"
I'm from Texas and I do not support illegal immigration. God damn I must be a racist...haha, laughable.
I've been accused of being a racist because I've publicly pointed out the Jena 6 are a bunch of violent criminals...
Let's all sing together... "Every one's a little bit racist" (you get the idea)... lol thank goodness for the politically incorrect but nonetheless amazing Avenue Q
You've seen my blogs about racism, I'm in the same boat as you. It's sad that people are so hypocritical.
I used to tell people in College, "I'm not racist, I think everyone's an idiot."
heh.
Racism is stupid, and while I write off many racists as just idiots, I tend to only get upset at those who profit from racism. (and especially those who label people as racist simply for disagreeing with them or not giving them what they want.)
"Racism is stupid, and while I write off many racists as just idiots, I tend to only get upset at those who profit from racism. (and especially those who label people as racist simply for disagreeing with them or not giving them what they want.)"
Like Jesse Jackson and Al Sharpton? haha
They are the first to spring to mind.
Though, as I've said elsewhere, I do at least give Al Sharpton some credit for FINALLY going after the rap and urban thug community with the same venom as he went after Imus.
Oh my... one of my closest friends called me a hippie for "agreeing" with Al Sharpton... but I felt like I needed to placate the masses in my article and convince them to read more before I got down to the nitty-gritty.
Those two are the biggest clowns. They bring black America down into the gutter every time they open their big, fat, lying manipulative mouths. I was thinking about writing an article about Jackson but I didn't want people to think that I'm obsessed with race so I decided to attack vegetarians instead... lol. Maybe someday soon.
Those two, Sharpton and Jackson, remind me of Labor Unions.
They may have served a purpose decades ago... but should have since just gone away. They now struggle, trying to CREATE issues in order to keep their lavish lifestyles in place.
I am in total agreement. Except that Sharpton and Jackson just aren't the right kind of men, and never were. Men and women like Rosa Parks, who actually stood up for the black community in a non-violent way and represented them respectably, should never be compared to useless scum like those two.
They are kind of like Al Gore. Only he has never served a useful purpose, and neither have environmentalists as we know them, in the first place....
Al Gore is up, according to recent news, for a Nobel Peace Price.
That is so depressing. Now they nominate people for Nobel Peace Prizes for false information distribution and ...? I'll have to read up on this b.s.
http://nobelprize.org/nobel_prizes/peace/laureates/
Let's look at the company Gore would have:
Jimmy Carter, Former President. Anti-israel bigot. Rampant liberal that goes around ignoring genocide in order to bash America (He was recently in Darfur and said that part of the problem is the 'harsh rhetoric' coming from the US.... in other words, calling it genocide.)
Yasser Arafat. All around scum. Supporter of islamic terror all over the place, and general enemy of the United States and Israel. Some suggest he died from AIDS from a hidden pedophile and homosexual lifestyle.
Mikhail Gorbachev - Communist Leader of USSR in its failure. We know how Peace-loving the USSR was... (Notice that Reagan, who's policies actually brought down the USSR in a way that he will never get credit for, was never given one)
Also, recently, the IAEA received the Nobel Prize. Of course, they're the same ones that still claim that a nuclear Iran is ok, even though the Iranian President still calls for the use of nuclear weapons against Israel. They also gave an "OK" to North Korea, even though he keeps violating what they tell him to do. All they do is issue strongly worded letters.
When only 40 years ago, Hemingway one the Nobel Prize for writing. God, how we have gone downhill.