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Title: Washington Gov. Signs Executive Order Barring State Officials From Complying With ICE
Source: [None]
URL Source: http://dailycaller.com/2017/02/24/w ... plying-with-ice/#ixzz4ZkkUDycu
Published: Feb 25, 2017
Author: AA
Post Date: 2017-02-25 21:19:45 by HAPPY2BME-4UM
Keywords: None
Views: 169
Comments: 8

Washington Gov. Signs Executive Order Barring State Officials From Complying With ICE 

Washington Gov. Jay Inslee signed an executive order Thursday that would bar state and local law enforcement officials from arresting illegal immigrants at the request of federal officials.

The order comes after Homeland Security Secretary John Kelly signed an executive order Monday calling for an expansion of the 287(g) program in which state and local law enforcement officials enforce federal immigration law.

“The Washington State Patrol or Department of Corrections, or other executive or small cabinet agency with arrest powers, will act consistently with current federal law and shall not arrest solely for violation of federal civil immigration laws, except as otherwise required by federal or state law or authorized by the governor,” the order signed by Gov. Inslee states. “Specifically, no agency may enter into any agreements with the federal government authorizing such authority under the Immigration and Nationality Act (8 U.S.C. §1357).”

Inslee wrote in a blog post: “This executive order makes clear that Washington will not be a willing participant in promoting or carrying out mean-spirited policies that break up families and compromise our national security and community safety.”

 http://dailycaller.com/2017/02/24/washington-gov-signs-executive-order-barring-state-officials-from-complying-with-ice/#ixzz4ZkkUDycu

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#1. To: HAPPY2BME-4UM (#0) (Edited)

Washington Gov. Jay Inslee signed an executive order Thursday that would bar state and local law enforcement officials from arresting illegal immigrants at the request of federal officials.

The order comes after Homeland Security Secretary John Kelly signed an executive order Monday calling for an expansion of the 287(g) program in which state and local law enforcement officials enforce federal immigration law.

“The Washington State Patrol or Department of Corrections, or other executive or small cabinet agency with arrest powers, will act consistently with current federal law and shall not arrest solely for violation of federal civil immigration laws, except as otherwise required by federal or state law or authorized by the governor,” the order signed by Gov. Inslee states. “Specifically, no agency may enter into any agreements with the federal government authorizing such authority under the Immigration and Nationality Act (8 U.S.C. §1357).”

Inslee wrote in a blog post: “This executive order makes clear that Washington will not be a willing participant in promoting or carrying out mean-spirited policies that break up families and compromise our national security and community safety.”

Guv. Inslee's executive order makes clear that he is either misrepresenting Federal immigration law because he is clueless about the wrongfulness of his statements or he is willfully misrepresenting the law to mislead others into violating those laws, as he is doing on multiple counts: harboring, aiding and abetting illegal aliens, etc. There is no Federal law against arresting illegal aliens soley for violation of immigration law. In fact, it is even a violation of Federal law if employers don't discriminate against illegal aliens by refusing to hire them.

Nor is there any such construence within the law codes cited prohibiting State officials from agreements with the federal government authorizing them to act as enforcers of Federal law. In short, if they'd like to qualify (in various capacities) as fully functionary equals with Federal immigration officers, an agreement that their training meets Federal standards is required (to limit Federal liability if they are sued for some reason, I suppose). However, no agreement is required for them to act as their State's enforcers of State and Federal immigration laws. Furthermore, there is no Federal law that permits them to act as nullifiers of Federal immigration laws because their misinformed governor wants them to do that as if invalid when he says so, I'm sure. References to be appended here when collected.

GreyLmist  posted on  2017-03-02   17:43:05 ET  Reply   Untrace   Trace   Private Reply  

Washington Gov. Jay Inslee signed an executive order Thursday that would bar state and local law enforcement officials from arresting illegal immigrants at the request of federal officials.

The order comes after Homeland Security Secretary John Kelly signed an executive order Monday calling for an expansion of the 287(g) program in which state and local law enforcement officials enforce federal immigration law.

the order signed by Gov. Inslee states. “Specifically, no agency may enter into any agreements with the federal government authorizing such authority under the Immigration and Nationality Act (8 U.S.C. §1357).”

there [isn't] any such construence within the law codes cited prohibiting State officials from agreements with the federal government authorizing them to act as enforcers of Federal law. In short, if they'd like to qualify (in various capacities) as fully functionary equals with Federal immigration officers, an agreement that their training meets Federal standards is required (to limit Federal liability if they are sued for some reason, I suppose). However, no agreement is required for them to act as their State's enforcers of State and Federal immigration laws.

Immigration and Nationality Act Section 287(g)

Section 287(g) authorizes the Federal Government to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a memorandum of agreement, provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers. Under 287(g), with federal approval and training, ICE provides state and local law enforcement officers with the training and authorization to identify, process, and--when appropriate--detain immigration offenders they encounter during their regular, daily law-enforcement activity.

The National Sheriffs Association has issued a position paper supporting the expansion of 287(g), stating: "It is critical that local law enforcement maintain and build upon the partnerships with federal law enforcement to ensure that collectively we can promote, protect, and preserve the public safety and homeland security."

8 U.S. Code § 1357 - Powers of immigration officers and employees >> 8 U.S. Code § 1357(g)

(g) Performance of immigration officer functions by State officers and employees

(1) Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.

(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.

(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General.

(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.

(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision.

(6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee.

(7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this subsection shall not be treated as a Federal employee for any purpose other than for purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).

(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.

(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection.

(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State—

(A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or

(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.

GreyLmist  posted on  2017-03-02   19:33:44 ET  Reply   Untrace   Trace   Private Reply  

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