Calif. could create sanctuary state for illegal immigrants
Does state legislation violate federal immigration laws?
- Duration 5:44
- Date Jul 6, 2012
Does state legislation violate federal immigration laws?
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The red hot debate over illegal immigration now spreading from Arizona to California.
The -- -- passed a measure that could create a sanctuary state for illegal immigrants by protecting many of them from deportation.
The exception those who have serious felony convictions.
If the bill passes the assembly it could prevent the police from enforcing immigration law.
Time for fan -- they Francisco Hernandez is an immigration attorney and also -- and Stein an immigration attorney as well and president of the Federation for American Immigration Reform gentlemen welcome to develop.
Good to be here -- how are you.
Ari can -- start with you -- mean this is basically nearing the policy we're hearing from the DOJ from DH asked from ice so why shouldn't California kind of by.
Let it -- -- of a national train is jumping the tracks California's plunging down a ravine here they're they're actually.
Doing even worse in the Obama administration interns are enforcing the law by running a program now contrary to what.
The secure communities would dictate under the Obama administration's.
-- immigration enforcement policy.
They're actually saying exactly what the Supreme Court last week said they couldn't do which is to run a state program contrary to the national federal priority.
This secure communities program run out of ice immigration and customs enforcement says -- police are supposed to be checking fingerprints with -- And then ice can actually asked for that retainer and said California saying.
Our just gonna let people go unless they commit a really serious felony we're not gonna verify check and friends so basically criminal offenders people whose idea needs to be checked they're not -- be identified.
Criminals are going to walk free.
Because California police aren't going to be checking people -- lesson in that particular transaction.
That alien has committed a dangerous reality and that's not the federal priority and certainly not the national immigration law.
That Francisco let me ask you there -- number sheriffs there in California who say they're very concerned and they oppose this idea how do you respond to them.
That the problem here is that folks in mr.
Stein is usually pretty reasonable his arguments but how can you say.
That Arizona has the right to pass the -- they want to pass and then save it California shouldn't pass the laws they wanna pass.
We all agree that these -- started popping up because the federal government refuses.
Act so if it's wrong for Arizona to do it think California should not do it either but the federal government's going to eventually have to face it when Clinton.
Everything reply yes and then you can do it Arizona's argument all along has been that they are a lot would either parallel or support federal -- it sounds like what California is proposing -- something that would be in opposition to federal lawsuit is there a distinction between what the two states are trying to do.
Well then if if it's if the Arizona law as is collateral parallel to federal law then why do you need.
All the only reason it was passed it was for political.
Patronage of political pandering.
And the same thing with California -- you know I just think in bet it parallels the Obama administration and we're gonna the voter priorities to serious felony criminals.
Not to speeding tickets and dishwashers and and folks are just here to make a living it's -- it's a matter of folks in your priorities.
But I do agree.
That if Arizona should not do it in California probably shouldn't be do and it either for different reasons.
The fact of the matter is the federal government's gonna have to act and they refuse to act at the congressional level.
Deanna Santana again did you -- -- me -- -- says you are generally very reasonable cell is starting from that premise.
You know what's objectionable here I mean California says as Arizona says and we wanna pass our own state laws dealing with immigration because the feds are doing it -- to wrongs if you want to argue with that way make a right.
Well what's objectionable here is that California is taking unto itself the right tell -- to decide which criminal aliens will fall within the that the framework of ice for federal government enforcement.
And in fact that the Supreme Court said anything -- they said anything right last week.
It was that the federal government and the executive branch have some say -- enforcement priorities no state.
Should have their right to shield or obstruct or prevent.
Effective federal immigration law enforcement and criminal alien removal and frankly people in California are at great risk.
In jeopardy a criminal aliens being let free by local and state police because -- an unconstitutional.
State obstruction policy under the Obama administration.
What we are seeing is the total wholesale crumbling.
-- US immigration enforcement in the United States today.
And this example like California.
Is a further example of how.
Frankly the Democratic Party is -- -- the dismantling and the irrigation into itself of federal law they don't add to the -- has no legitimacy we're -- nation of laws or not.
-- -- Admit that this guy's not following the Republicans are just as much to blame as the Democrats it doesn't matter in quite frankly.
The federal government doesn't need the -- cooperation.
Or blocking of -- of the federal immigration laws immigration could going to any jail.
Any prison and take anybody that's here undocumented.
For just because they want to in the states can't say award -- that is called federal pre emption.
And the federal.
The federal power so they can going to California to these jails and they don't whether California reports -- are not immigration can run their own check they all look through the same FBI database when they're booked and so this you know this is all about the sky's falling and Democrats -- and -- Guys bottom line the federal government has to act and pass.
Immigration law the makes sense and we'll see and it is democratic -- -- Republican and neither one of them have offered in M let me just very.
-- -- -- we got to leave it at air -- certainly Pacific -- will certainly see you know if Washington has the stomach under any president or leadership but to get to an immigration reform done.
Francisco -- and thank you both very much thank you.
Thank you employer.