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Latin American Nations File Brief Against Alabama

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    Countries concerned about state’s new immigration law

  • Duration 5:20
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Welcome back to foxnews.com live I'm Jonathan -- as you may be a -- Alabama has instigated some of these strict -- anti immigration laws.

In the country in fact in the woods of Alabama State representative Mickey Hammond and the purpose of the law is to prevent illegal immigrants from coming into Alabama and to prevent those who -- Kia.

From putting it down your roots now the Obama administration is now.

Challenging that -- tax attorney general Eric Holder says today's action makes clear that setting immigration policy and enforcing immigration laws is a national responsibility.

That cannot be addressed through a patchwork of state immigration laws -- joined now by former federal prosecutor Doug burns Doug.

-- CNN that is that the administration right here it is a federal.

Job and that's the only legitimate authority -- -- yeah actually that's.

The issue actually in other words the political rhetoric being thrown around goes to a legal doctrine called preemption.

So I'll just explain real quickly -- have expressed preemption and implied expresses -- have a federal law that says.

This statute is intended to govern this area -- we don't have that here implied is where.

An area of law is supposed to be governed exclusively federally so give a quick example -- you can't have a state passed a law that -- our citizens.

On our part to file federal income tax returns.

Why that's preempted it conflicts with federal law.

And then the other one.

To have either conflict or field preemption and I think to answer your question I think it really is preempted by federal law pretty much so it's -- federal area in what way -- this particular Alabama lol then preempt federal well that's a great question and the reason that's such a great question -- because if you look back to the Arizona situation.

And you look at the court decisions that were rendered there were partial wins and partial losses in other words the courts went through the statutes and they said.

Some of these provisions conflict with federal laws.

Others don't.

Ironically and I think you find this interest and a lot of local law enforcement people are against it if only they say we don't want to be involved in federal immigration.

That's up to federal ice agents you know immigration customs enforcement -- -- -- -- -- -- I think there's room for states to enact certain laws that say you know people can't hire illegal aliens things like that.

But as far as tracking who's here kicking them out of the country that's really an -- and other federal -- this is.

Main issue here with the Alabama -- it's the tracking the way that they can install and check immigration status as well that's the key because you know what's so interest thing I was telling and in -- -- -- for me I would discussed in this.

Before -- came in if you go all the way back to famous case Terry vs Ohio.

Which talks about reasonable suspicion in other words a -- named -- was pacing up and down the street looking in the liquor store.

The police detained him for questioning and that's called Kerry stopped in the teach that in person lost.

There was reasonable success assistant to think that He was doing tomorrow.

In the immigration area the problem is -- reasonable suspicion can easily go into areas of racial profiling.

That person looks like he's here illegally -- -- you can make that determination just by looking at him or her that could be a racial stereotype.

And that's part of the problem in Arizona and now an Alabama.

So that's that's a -- that's why I think it Justice Department is also concerned about this.

They've even said it you know -- it goes that route.

DD what do you think of this Alabama Alabama -- is a very strict will probably the strictest in the country of their right to do it.

Yes parents do and I I'm understanding this -- illegal aliens -- Also also hurting our economy substantially because there are not pay any taxes because they are.

Going to hospitals and they're -- care that I know midwest there's -- has taken important that they get free care.

As well as the fact that there at our schools and it -- not contributing anything it's outrageous so yes they're right well.

I think -- -- I guess my families and then we're all families and immigrants here Irish and Jewish.

And this is what America's all about and I like my question what country is Alabama bordering in in Georgia has a horrible.

Racist immigration let's do you know is this.

The point is they're not taking jobs it anyway.

I wanna do and then there.

I -- is that is not true they are paying him.

Indiana people of these -- like that -- be hearing in New York around.

Download I'll essentially be the moderator I mean there's a lot of rhetoric and thought -- must as far as Obama lawyer not a political strategist so when I talk about preemption is this legal.

And they don't necessarily represent my opinion when -- It's an area is preempted.

Your complaint quite simply is the federal government should let the states and other words you know you can see there's -- Alabama has every right to do it but if they're preempted and it's gotta be the federal.

That's a legal questions they get that come as far as where there.

Immigrants taking jobs and so on I've -- a fair amount back and forth and there's a lot of myths in other words myth number one from Marty Atlantis has a criminal lawyer.

Illegal aliens commit crimes out of proportion that would -- after.

Right there that's number one number two I will take -- aside they're taking the jobs away from us I don't think that's necessarily true.

Because -- a lot of jobs that they're doing the jobs that are considered someone.

-- about what.

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