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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: 165
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 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.

Am fairly certain that the issuance of a Federal detainer notification is not a "request" for State officials to arrest illegal "immigrants"/aliens but an order to do so, regardless of whether or not they participate in the voluntary (not a coerced commandeering) 287(g) program that deputizes them as assistant immigration officers for the Federal government under the direction of the Attorney General. Not participating in the 287(g) program is not a license to obstruct Federal immigration law.

For the most part, iirc, those who participate voluntarily in the Federal deputization program are generally of the State's Sheriffs Departments. I don't think it's a requirement that they must be permitted by State Law to participate and, if that's so, no Governor's executive order can prohibit them -- just as it would be absurd if a Governor tried to order the State's National Guard not to volunteer for joint-Federal duty within America, jurisdictionally and lawfully, if that's what they choose to do. If there is a lawful, State-legislated endorsement of the 287(g) program, no Governor's executive order can alter or over-rule/abolish it.

Executive Orders, State or Federal, are valid for directing personnel to uphold and enforce Constitutionally enacted law and they are unlawful orders when directing personnel to subvert those laws. If there is a presumed conflict between State and Federal law or orders, review the Supremacy Clause as a discernment guide on questions of Constitutionality and Authoritative hierarchy. For instance, a Presidential Executive Order commanding a State to not arrest illegal alien entrants/residents/workers or to absorb illegal aliens, beyond its capacity or not, wouldn't be a lawful order. Any court official that would deem it lawful should be impeached.

This is a Wikipedia link with pdf access on the right sidebar to the Presidential Executive Order [13768] that is at issue [Ref. paragraph 2 of the quote section]. The text-size can be stepped up for easier readability: Executive Order 13768

GreyLmist  posted on  2017-03-03   1:29:15 ET  Reply   Untrace   Trace   Private Reply  

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