That giant flushing sound

If you've been wondering what that giant flushing sound coming out of the federal government is, it's the sound of liars, traitors and other various career political suck-ups being flushed out of the woodwork. The list is long and getting longer - from a career politician claiming falsely to have been a Vietnam vet, to a State Department closet socialist who tries to equate the human rights record of Communist China to the US.

Barely a day goes by that some slimy, slithering political hack doesn't step up to the microphones and declare his or her allegiance to the almighty Party of Pathetic Partisanship with some twisted logic regarding illegal immigration or just to defend his record of lies. And maybe it's just a coincidence, but the one common theme among them is that they are all Democrats and almost every one of them has some kind of law degree. I think I see a pattern here.

The latest hack to step up and take one for the Party is law scum John Morton, assistant secretary of homeland security for U.S. Immigration and Customs Enforcement,( ICE). He believes that it is his job to declare his purely political opinion on how to best handle the illegal immigration situation and that, of course, is to tell Arizona to go to hell. He doesn't believe it's the responsibility of ICE to actually enforce the federal laws unless they "feel" like it. In his words, "his agency will not necessarily process illegal immigrants referred to them by Arizona authorities."

If a private citizen makes a proper and legal citizen's arrest, that citizen is required by law to turn that arrested person over to the proper authorities who are required to accept custody of that person. They do not have the discretion to decide whether or not to accept the arrested person. They can only determine if it was a legal arrest and then they must either cite and release or book that person. Apparently, Mr. Morton doesn't think "his agency" should have the same legal responsibility as every other law enforcement agency in the country to accept legally arrested suspects. Imagine if the county jail suddenly decided not to accept prisoners from the local police department.

The Arizona immigration law has not been tested in the courts. Until it is tested, it is lawful for Arizona law enforcement officials to deliver illegals to ICE. ICE will be negligent if it refuses to accept illegals properly detained and delivered to that agency, particularly when the illegals detained have been confirmed as illegals by ICE themselves! There is a federal statute that required ICE to cooperate with local law enforcement in the sharing of information on legal status. [CITE: 8USC1373(c)]


 The entire premise upon which the constitutional arguments against the Arizona law are based revolve around the supremacy clause which has been used to give the Federal government exclusive power to enforce immigration law. This is based in large part on the fact that the federal government has always fulfilled that responsibility or pre-empted the field. If it suddenly and for no other reason than partisan political necessity begins to neglect that responsibility and leaves the field open, how can they continue to invoke the supremacy and pre-emption clauses?

This, of course, is for the courts to decide and there is little doubt that this battle will end before the Supreme Court has had it's say. Until that time, I hope Arizona starts piling these illegal immigrants on the doorstep of ICE until it begins to look like a Cinco de Mayo celebration at a Walmart 25% off sale.

When ICE is knee deep in unprocessed illegals, and Mr. Morton comes out and says "his agency" won't take them, the American People will be demanding some answers.