Judicial overreaches reach new low
In a news article in which the headline is nearly as large as the report itself, the Periódico de la República de Arizona (Arizona Republic) enthusiastically treats readers to the latest in outrageous judicial actions. The report states, U.S. District Court Judge David Campbell “issued a preliminary injunction blocking Maricopa County Sheriff Joe Arpaio and Maricopa County Attorney Bill Montgomery from enforcing two state laws that make it a felony for undocumented immigrants to use stolen identities to obtain work.”
Gnaw on that bit of preposterousness. According to a federal judge illegal aliens have as much right to your identity as you do —- and neither law enforcement nor prosecutors are able to take legal action against the thieves. Children are viewed as especially attractive targets since their stolen identities usually go undetected for years.
Previously, when found, arrested and turned over to federal immigration officials, the identity thieves were deported. But, alas, those pesky felony convictions hindered their chances of returning to the U.S. legally. Now using legal contrivances reminiscent of George Orwell’s “1984” Newspeak, a federal judge rules that disallowing criminals free access to our county and the personal identity of American citizens is repressive.
Under court imposed pressure, Arpaio has announced plans to disband his work-site enforcement unit within the next two months, following completion of an ongoing investigation.
Campbell said the state laws that criminalize the act of identify theft for the purpose of obtaining employment are likely unconstitutional because they are preempted by federal law.
Jack MacIntyre, a lawyer and deputy chief with the Maricopa County Sheriff’s Office, correctly noted the ruling is “a little bit of an exercise in futility if you eliminate and declare a state law unconstitutional because of federal preemption with a wink and a nod to the reality that the federal government shows no interest in enforcing that area of immigration law.”
The Maricopa County Attorney’s Office is reviewing an appeal of the preliminary injunction. Bill Montgomery said the ruling “underscores yet again the consequences of federal inaction and the Obama administration’s indifference to the effects of unlawful immigration practices. While pretending to address the concerns of people admittedly violating the law, the victims of identity theft are deprived of the state of Arizona’s protection.”
As expected, left-wing organizations including the ACLU and Hispanic advocacy groups, praised the contemptible ruling.