AZ Fed judge rules for illegal invaders, binds law enforcement

More absurdity from the federal courts

In a farcical interpretation of the law, U.S. District Judge Robert Broomfield has prohibited Maricopa County from enforcing a state law that permits illegal aliens who paid coyote/transporters to smuggle them into the U.S. to be charged under Arizona’s human smuggling law as criminal co-conspirators.

Broomfield’s 60-page ruling (view here) said Maricopa County’s interpretation of the 2005 state law cannot be enforced by either Sheriff Joe Arpaio or Maricopa County Attorney Bill Montgomery and his office’s prosecutors, since Broomfield  claims it conflicts with federal law — which Broomfield said supersedes Arizona‘s law. Missing from his ruling is the fact that the Obama Department of Justice treats this crime of invasion as a lesser civil issue.

Peter Schey, a lawyer representing the Hispanic activists who brought the legal challenge, was quoted as stating the ruling “will hopefully bring to an end a mean-spirited and short-sighted policy that has severely harmed a large number of immigrants during the past several years in an entirely unconstitutional manner.”

Hispanic advocacy groups deceptively refer to themselves “immigrant rights advocates.”   The Court appointed Schey, President of the liberal Center for Human Rights and Constitutional Law and Carlos Holguin, General Counsel of the group, as lead counsel.

According to news reports, the Maricopa County Attorney’s Office is reviewing Broomfield’s ruling.

Seventy-five percent of the approximately 2,000 foreign nationals charged as co-conspirators in MaricopaCounty were facing counts of conspiring to illegally sneak themselves into the country. The going rate paid to those they conspire with in this criminal activity varies between $2,000 – $6,000 per illegal.

This is not rocket science. By paying to be illegally transported into the United States, these illegal aliens are engaging in advancing criminal activity as co-conspirators.

In 2008, SRAZ reported the Arizona Court of Appeals upheld the conviction of an illegal alien prosecuted as a co-conspirator under the state’s human-smuggling law. The court found that the law’s wording was “clear and unambiguous” — illegals can be convicted for conspiracy to smuggle themselves into the country.

Makes sense to us.

13 Responses to AZ Fed judge rules for illegal invaders, binds law enforcement

  1. eubykdisop says:

    Yeah, well, Judge Robert C. Broomfield has some history going back 26 years on immigration issues!

    “AP, October 17, 1987”

    “A Federal district judge here has ordered that immigration officers who detain farm workers must assure that those eligible to remain in the United States under amnesty do not unwittingly accept deportation as illegal aliens.”

    “The injunction by the judge, Robert Broomfield, applies only to aliens caught in the official immigration district made up of Arizona and Nevada, the home of the four undocumented aliens who are the main plaintiffs in the case. But the plaintiffs’ lawyers, from the Arizona Farmworkers Union and Southern Arizona Legal Aid, said they would try to have the injunction broadened.”

    “The ruling resulted from a suit filed on behalf of farm workers as a class that contested the way the Immigration and Naturalization Service interpreted parts of the complex 1986 Federal law that created amnesty for certain groups of illegal aliens.”

    “The judge said the immigration service had gone beyond the law’s intent in arbitrarily setting a cutoff date for aliens seeking special agricultural worker status, which is granted to those who worked in certain crops for at least 90 days in the year that ended May 1, 1986. ‘Irreparable Harm’ Cited.”

    http://www.nytimes.com/1987/10/17/us/farm-workers-win-a-ruling-on-immigration-law.html

    So Broomfield says that federal law supersedes state law but he seems to have problems with the way that federal immigration laws are enforced as well.

    Broomfield is another of those judges nominated by Ronald Reagan on the recommendation of Barry Goldwater. We’re still reaping the bitter fruits of Reagan’s judicial appointments along with those of his Immigration Reform and Control Act of 1986; that is, amnesty!

    Broomfield was born in 1933. It’s a wonder that the old fart can still rap a gavel!

  2. BPaluch777@aol.com says:

    This is a textbook example of why the legislature should pass and the Governor should sign a measure that would require judges to provide detailed information on their rulings as a part of pre-election public information. That info should be submitted with sufficient time for other interested parties to submit their viewpoints of the judges’ rulings, which would also be included in the pre-election information booklet. Just like for other issues that go to ballot. Bernard Paluch

    • ZOO says:

      The ignorant masses in this state can’t even focus enough to stop two illegal immigration cheerleaders from going to the U.S. Senate. Asking for those same masses to know which way is up on Superior court judges would be an exercise in futility.

      I stand on what I said back in June of 2012, when Obama tossed out his illegal and unconstitutional DACA program – which to date is UNCHALLENGED by the Republicans in Congress. Just like the ruling captioned above, DACA is a magnet and empowerment for MORE border hopping turd-worlders, aka: a surge.

      SB 1495 authorizes the Governor to fund and command a state guard, which could be put on duty at the Tucson Sector (gapping hole) which has been INTENTIONALLY left open by the two-party oligarchy.

      If Mexico’s exported swarm of welfaredites can’t get on our soil, then that disarms the excrement in black robes from turning them lose and crippling every effort the state has devised to protect itself. Either we have a degree of sovereignty as a U.S. state and the absolute duty to defend it, or we don’t.

      Of course this simple move has little to no support or demand. Obamacare, the 2014 election, and Miley Cyrus take precedence.

    • Realist says:

      In Miley’s case it’s showing your ass. As for obamacare and the 2014 elections you can add your own satirical comments.

      • eubykdisop says:

        Hey, thanks, Realist! Sounds like it means exactly the same thing for Obamacare and the 2014 elections!

  3. Andre Leonard says:

    We have come to expect decisions from the federal bench which are contrary to law and order.

    A precedent was set in 1994, when California voters approved a measure by a 3 to 1 margin to bar illegals from receiving state provided services. The measure known as Prop 187 and/or Save Our State was ruled unconstitutional by another federal jurist.

    The more these federal courts subvert the will of the people, the more people will embrace seceding from the union. It’s a union that has truly failed them.

    http://en.wikipedia.org/wiki/California_Proposition_187_(1994)

    • Villanova says:

      Unfortunately our law, Arizona Revised Statutes §13-2319, doesn’t clearly specify the state of Arizona, making it appear that it usurps the laws throughout the entire country.
      http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/02319.htm&Title=13&DocType=ARS

      Poorly crafted legislation can have dire consequences. Don’t be too quick to blame the judge.

      • Seen It All says:

        If you’re looking to place blame for this debacle, the AZ legislature should share in this disgrace. What happened to the legal staff supposedly at their disposal? Of course the problem with them is that few have actually engaged in the practice of law. They are strictly government functionaries. Janet Napolitano even named one of them (with the added panache of being married to a Dem state legislator and having once served as a Dem Maricopa County Chairman) to the superior court bench. If he’d ever seen the inside of a courtroom, it was decades earlier.

      • ZOO says:

        Was the ‘glitch’ you have described addressed in the judge’s ruling? I haven’t seen any mention of this elsewhere.

  4. LEO IN TSN says:

    Nope, blame the judges, those tax-dollar paid, robe-wearing judge-for-life lawyers. In most cases, the laws that are passed spell out very clearly the intent of the people in line with our constitutionally-protected rights. In the American legal system, laws were fine-tuned by “case law,” judicial decisions for specific cases under that law that expanded and contracted the scope or application of the will of the people. That has changed. Now there are teams of judges who can be shopped for a particular political viewpoint. These are the hacks who legislate from the bench, thwarting the will of the people in favor of destructive lawyers pursuing destructive agendas.

    Result: such a “judge” can have his tax-dollar paid staff write 60 or 160 pages of legal double-speak to cover his original intent of throwing out that law and leaving US defenseless. He signs his name, is lauded by the left for being so destructive, and America dies a little more ala California’s Prop 187 and Prop 8, AZ’s conspiracy law & 1070, and now Texas and North Carolina’s Voter ID laws. It’s our conservative patriotic legislatures who continue to oppose judicial activism by writing and passing good laws designed to protect US. Yup, blame the judges AND the federal senators who confirm them.

    God bless America.

  5. LEO IN TSN says:

    Say, have you been wondering why – with all of the public hoopla over the Continuing Spending Resolution and RINO Boehner surrendering more & more of our economy with every cowardly offer he makes to His Majesty Reid – why haven’t we been hearing from the House Budget Busters, like House Budget Committee Chairman Rep. Paul Ryan? Couldn’t he add something to the discussion?

    Well, it’s because he and his friends are hiding behind closed doors, using the cover of this public circus to distract our attention while they write up their own Gang-of-8 AMNESTY bill. Never let a good crisis go to waste?

    http://abcnews.go.com/Politics/wireStory/house-republicans-work-immigration-scenes-20416325

    Call your favorite Rep & let him & his friends know we are still watching.

    Trent Franks phone: 202-225-4576 fax: 202-225-6328
    Paul McGosar Phone: (202) 225-2315 Fax: (202) 226-9739
    Matt McSalmon Phone: 202-225-2635 Fax: 202-226-4386
    David McSchweikert Phone: 202-225-2190 fax: 202-225-0096

    God bless America.

    • eubykdisop says:

      Right on, Leo! That’s exactly the game being played! It is the magician’s art of redirection. If politicians are furiously waving their right hands, always look to see what they are doing with their left!

      The other tiny little inconsequential issue looming on the horizon is the debt ceiling which Republicans are going to vote to raise yet once again! This is the mother of all fiscal issues because raising the debt ceiling allows the government to spend yet more money that we don’t have!