Sheriff Joe Arpaio’s conviction of criminal contempt for defying an activist judge’s order to not enforce our immigration laws is theater of the absurd. Susan Bolton, a Clinton appointee, believes she can write, produce and direct policies with the a simple wave of a gavel. Congress has no role in her one woman production. Statutory law and precedent is thrown on the cutting floor. The American people are ushered out the studio doors because this diva is obsessed with brown M & M’s.
President Donald Trump has a duty to pardon Sheriff Joe Arpaio and reinstate the rule of law. And for those who believe the federal government is solely responsible for enforcing our immigration laws, here is an excerpt from the Washington Times:
Judge Bolton ruled, “It is not in the public interest for Arizona to enforce preempted laws,” but this is a deceptive statement. If Arizona had passed a law that defined U.S. citizenship, as Attorney General Eric H. Holder Jr. has disingenuously suggested, federal supremacy would apply. However, the case at hand doesn’t deal with pre-emptive law but with parallel enforcement. Arizona’s law does not define who has broken immigration laws; it deals with what to do when police apprehend these criminals.
The relevant precedent is in Gonzales v. City of Peoria (1983), in which the U.S. Court of Appeals for the 9th Circuit - which includes Arizona - held that “although the regulation of immigration is unquestionably an exclusive federal power, it is clear that this power does not preempt every state activity affecting aliens.” The court stated flatly that “federal law does not preclude local enforcement of the criminal provisions” of federal immigration law, and that “concurrent enforcement is authorized” when they “do not impair federal regulatory interests.”
In the same case, the court noted that federal injunctions against state law enforcement actions should be undertaken only in the most extreme circumstances and should generally exercise restraint “based on principles of equity, comity and federalism” and “consistent with these principles, federal courts may not intervene in state enforcement activities absent extraordinary circumstances that threaten immediate and irreparable injury.” The notion that the federal government would be immediately and irreparably harmed by Arizona identifying previously detained illegals is unsustainable
Allowing activist judges to criminalize politics is also unsustainable and it’s about time Congress did something about it.
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