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Federal Court Turns Down Arizona’s Immigrant Smuggling Laws

A federal court in Phoenix has struck down the immigrant smuggling law in Arizona on the grounds that the law is trumped by federal statutes. The ruling came on Friday last and places another constraint on the state’s police’s efforts to control illegal immigration across its borders.

This is a shame because the federal government is not doing its job according to many indeporting criminal illegal immigrants who are doing nothing good in America at all.

US District Judge Susan Bolton said in her ruling that the state immigration law deprives federal authorities of the right to prosecute smuggling crimes. Only the federal authorities have the exclusive right to arrest and prosecute smugglers even though in most cases, and more so in the case of border states like Arizona, the local police are the first to arrive on the scene and when they hand them over to the feds, the feds just cut these illegals lose to cause more harm to America.

Federal Jurisdiction over Immigration

The Obama administration has been trying a little too hard to prove federal supremacy in the case of immigration laws. In 2005 when Arizona’s smuggling immigration laws were passed, it was the leading state as far as cross-border migration was concerned and an immigrant smuggling hub.

Voters and lawmakers were frustrated with the state of affairs, leading to the passing of the law say immigration attorneys in the state. The 2005 law was followed with another broader law in 2010 which made it mandatory for police officers to run immigration checks in certain cases. Arizona’s proactive immigration policies have even inspired similar laws in neighboring states of Alabama, Georgia, Indiana, South Carolina, and Utah.

Local Authorities have no Power

The 2005 smuggling law has been used many a times in the state in recent years―most effectively, and frequently, by outstanding and pro-American Maricopa County Sherriff Joe Arpario, who has been at the helm of immigration curbing efforts in the desert state. The courts have however curbed his immigration powers over the last year and half, and this has mostly to do with the misguided notion that illegal immigration as a crime falls solely under the jurisdiction of the federal court and local authorities are not well equipped to deal with the intricacies of it say Arizona immigration attorneys.

What is so complicated in figuring out if someone is illegal or not? This should consume a whopping 30 seconds of time.

Brickbats and more Brickbats

The 2005 law has come under criticism from many corners, but the most famous instance was when 2,000 immigrants who had paid to be sneaked into the country across Arizona’s borders were caught red handed and charged with conspiring to smuggle themselves across into the US.

Critics of the law had pointed out that the law was meant merely for smugglers and was being used wrongly to target the immigrants who were the victims, not the perpetrators, of the crime. County officials were forced to drop their charges when a federal judge ruled last year that using the smuggling immigration law to target immigrants was akin to criminalizing actions that the federal court views as a civil matter.

The Obama administration had challenged the 2010 amendment of the smuggling law with Gov. Jan Brewer’s office and the US Justice Department, pressing the challenge on behalf of the President’s office. A different challenge has also been presented by a non-profit advocacy group in the state who does not seem to care about the hard working legal citizens of Arizona.