In shared news:
“Today’s filed lawsuit presents important legal issues concerning whether the directive’s prohibitions and restrictions on information sharing and basic cooperation with federal officials violate the Supremacy Clause of the U.S. Constitution,” Carpenito said.
I don’t know how it is now but it used to be that ICE detainers or ICE would be informed only if an illegal immigrant committed a felony or serious misdemeanor. In Arizona, police were detaining people if they thought they were illegal during traffic stops, which we all know, the light was yellow, not red. So the question is, does it violate the Supremacy Clause of the U.S. Constitution if local law enforcement does not inform ICE when dealing with immigrants? The law also clearly states that the only person that can determine citizenship is an Immigration Agent. That being said, why would local law enforcement try to determine someone’s residency requirements during anything that would not put them away for more than a year? The law is funny and trying to interpret the law, which seems to shift depending who is arguing it, can be tricky. If the law clearly dictates that local Law Enforcement can not determine citizenship and that is only left to immigration agents, then isn’t New Jersey following the law? The law also states that, if a person commits a felony, than that person’s residency needs to be established, for purposes of trial, that’s when Immigration Agents now can file that detainer. So anything short of serious misdemeanor, like domestic violence, there should be no need for ICE to be involved. That’s just my opinion. That in itself is troublesome because what will happen is that ladies or men are going to get hit and they are not going to report it because of fear of deportation. So, I believe the standard should be a felony, so women or men can report abusive spouses.