What Recourse Do States Have…

…when the Executive Branch of the Federal Government refuses to do its job?

Here is 8 U.S.C. § 1324 : US Code – Section 1324: Bringing in and harboring certain aliens and here is 8 U.S.C. § 1304 : US Code – Section 1304: Forms for registration and fingerprinting

The latter law is important when considering the so-called “Show Me Your Papers” provision of SB1070:

(d) Certificate of alien registration or alien receipt card
Every alien in the United States who has been registered and
fingerprinted under the provisions of the Alien Registration Act,
1940, or under the provisions of this chapter shall be issued a
certificate of alien registration or an alien registration receipt
card in such form and manner and at such time as shall be
prescribed under regulations issued by the Attorney General.
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times
carry with him and have in his personal possession any certificate
of alien registration or alien registration receipt card issued to
him pursuant to subsection (d) of this section. Any alien who fails
to comply with the provisions of this subsection shall be guilty of
a misdemeanor and shall upon conviction for each offense be fined
not to exceed $100 or be imprisoned not more than thirty days, or
both.

In other words, immigrants who have not yet become American citizens are required by federal law to keep proof of their status on their person, and to furnish them when asked.

The federal law is very, very clear on illegal immigration. The issue at hand, which is not discussed as much as it ought to be, is the complete failure of the executive branch, which is the branch of government responsible for enforcing the law, to enforce the laws as written. From Article II, Section 3 of the Constitution (emphasis mine):

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The current administration has, as have others preceding it, made it clear that they will pick and choose which laws to enforce based on what is politically palatable to them.  The judicial branch has acted, and the executive branch has decided to ignore the judiciary (see the “update” section at the link), and so it is up to the legislative branch to act now.

The problem is, of course, is that the Senate is controlled by Harry Reid and his Democrats, and they have been tabling almost every bill sent to them by the Republican-controlled House, not to mention the fact that they have not passed a budget in over three years, which in and of itself is a violation of the budget process as established by law.

So, in other words, a solution exists, but Congress is not likely to act on it unless the Republicans take the Senate in November, but even then, action is questionable, because Republican administrations have let immigration enforcement slide as well….sigh….

UPDATE: A few reminders why border security is so important.

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About phxkate

Mother of four, wife of one, chronicler of the Fellowship of the Perpetually Aggrieved, of which I am pleased to say, I am not a member.
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