|
|
Posted: 8/5/2011 2:59 AM
I wanted to ask a legal question
Please excuse me if this is a simple answer and I am just unaware of it, however thinking about this just makes me crazy not knowing the answer... Thanks in advance
If states are not allowed to assist (full time) in the enforcement of immigration laws then how do they get to enforce drug laws which are federal regulated laws. State jails and prisons sometimes detain illegals with certain warrents/convictions and turn them over to ICE but whats the difference in a police officer enforcing federal drug laws and immagration laws.... If state police were held to immagration law standards meaning they were not allowed to arrest individuals with or selling illegal drugs what is the difference?
|
|
|
Posted: 8/5/2011 9:02 AM
RE: I wanted to ask a legal question
States can enforce federal law, but they can't make their own laws on immigration. They are bound by the US Constitution (Art. 1, Sec. 8) which states that only the federal government can pass immigration laws. Actually it doesn't mention "immigration" but says that only Congress has the power "To establish an uniform Rule of Naturalization." Federal law covers how immigration enforcement and prosecution is to be handled. States are currently testing this by ramping up enforcement laws, but they are mostly political moves to keep the populace voting one way instead of another. Most of those state laws will be overturned, and any lawmaker worth his/her salt knows that going in.
Drugs, however, are never mentioned in the Constitution, and each state has different laws regarding illegal drugs. But there are federal laws as well, mainly to do with the sale and production of ilegal drugs that involve one or more states or countries. The federal restriction of illegal drugs is "covered" under the Commerce Clause, as is most everything (it's "broadly interpreted"). But for the most part it is a state issue with the exception of interstate commerce and importing/exporting, which makes it federal. States who don't follow the minimum federal regulations may lose federal funding - that's the sword that dangles over their heads.
That's my understanding at least.
|