| 00:00:08 |
Unidentified Speaker, -
AIR SENATE IMMIGRATION LAW UNCONSTITUTIONALLY INTERFERES WITH FEDERAL ENFORCEMENT OF IMMIGRATION LAW. >> WE WILL HEAR ARGUMENTS THIS MORNING. MR. CLEMENT?...
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| 00:00:37 |
Unidentified Speaker, -
BEARS A DISPROPORTIONATE SHARE OF THE COST OF ILLEGAL IMMIGRATION. IN ADDRESSING THAT, PARIS AND
|
| 00:00:45 |
Unidentified Speaker, -
BORROWED FEDERAL STANDARDS HAS ITS OWN AND ATTEMPTED TO ENLIST STATE RESOURCES IN THE ENFORCEMENT OF THE UNIFORM FEDERAL BUT IMMIGRATION LAWS. UNITED...
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| 00:02:31 |
Unidentified Speaker, -
PROPOSES ONE WAY, AND I THINK THIS STATE IS ARGUING THERE IS ANOTHER WAY TO READ IT. UNDER THE STATE'S POSITION IN THIS ACTION, THE ONLY TIME THE INQUIRY...
|
| 00:03:11 |
Unidentified Speaker, -
CAN I STOP YOU THERE. THAT IS WHAT I THOUGHT. PRESUMABLY, I
|
| 00:03:18 |
Unidentified Speaker, -
THINK YOUR ARGUMENT IS THAT UNDER ANY CIRCUMSTANCE A POLICE OFFICER WOULD HAVE THE DISCRETION TO MAKE THAT CALL. IT SEEMS TO ME THE ISSUE IS NOT ABOUT...
|
| 00:04:13 |
Unidentified Speaker, -
THE GOVERNMENT TAKES THE POSITION THAT EVEN THOUGH THESE STOPS AND INQUIRIES ARE DONE IN AN AD HOC BASIS, THEY ARE PRE- EMPTED IF THEY ARE DONE IN A SYSTEMATIC...
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| 00:04:36 |
Unidentified Speaker, -
NOTHING DOING IT AS IT HAS BEEN DONE IN THE PAST WHENEVER ANYONE IS DETAINED, A CALL COULD BE MADE. WHEN I SEE AS CRITICAL IS THE ISSUE OF HOW LONG AND...
|
| 00:05:01 |
Unidentified Speaker, -
TO TAKE ANY LONGER THAN THE AD HOC INQUIRER. SECTION 2 SAYS IT HAS TO BE IMPLEMENTED IN A WAY THAT CONSISTENT WITH FEDERAL IMMIGRATION AND CIVIL RIGHTS...
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| 00:05:24 |
Unidentified Speaker, -
YES, HE IS AN ILLEGAL ALIEN. WE DID NOT WANT TO DETAIN HIM. WHAT DOES THE ARIZONA LAW SAY WITH RESPECT TO RELEASING THAT INDIVIDUAL? >> I DO NOT KNOW...
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| 00:05:42 |
Unidentified Speaker, -
THEMSELVES WHETHER THERE IS ANY REASON TO CONTINUE TO DETAIN THE PERSON FOR STATE LAW PURPOSES. WHAT WE'RE TALKING ABOUT IS WHAT HAPPENS FOR PURPOSES...
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| 00:07:01 |
Unidentified Speaker, -
THERE ARE TWO ANSWERS. SOMETIMES IT IS A COMPLEX INQUIRY, DONE TIMES
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| 00:07:08 |
Unidentified Speaker, -
STRAIGHTFORWARD. THE PRACTICAL ANSWER TO THE QUESTION IS BY HYPOTHESIS THERE WILL BE AN INQUIRY MADE TO THE FEDERAL IMMIGRATION AUTHORITIES, EITHER LAW...
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| 00:07:39 |
Unidentified Speaker, -
IN ALL THESE PROVISIONS YOU HAVE THE FOURTH AMENDMENT BACKING UP THE LIMITS -- >>
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| 00:07:48 |
Unidentified Speaker, -
WHAT WOULD BE THE STANDARD? THEY WOULD HOLD THEM FOR TWO WEEKS WHETHER THEY FIGURED OUT THIS IS A REMOVABLE
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| 00:07:59 |
Unidentified Speaker, -
OFFENSE, AND USE IT UNDER THE FOURTH AMENDMENT YOU CAN NOT HOLD FOR A WEEK? >> YES, UNDER THE CIRCUMSTANCES WHERE WE KNOW IS THE IMMIGRATION STATUS INQUIRY...
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| 00:08:13 |
Unidentified Speaker, -
MINISTER. -- OR 11 MINUTES. >> I HAVE THE SAME QUESTION, BUT TRYING TO THINK OF EXAMPLES. EXAMPLE ONE IS THE PERSON IS ARRESTED. IT'S AS ANY PERSON ARRESTED...
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| 00:08:31 |
Unidentified Speaker, -
HAVE THEIR IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. IF THEY ARREST A CITIZEN, HISPANIC LOOKING, JOGGING, A BACKPACK, AND PEDIALITE....
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| 00:09:29 |
Unidentified Speaker, -
BE DETAINED IN THE LONG GRIT THAN THE FOURTH AMENDMENT ALLOWS. >> I DO NOT KNOW HOW LONG BEFORE THE AMENDMENT ALLOWS. THERE'S PROBABLY A RANGE OF THINGS,...
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| 00:09:41 |
Unidentified Speaker, -
FOR THIS CRIME X, HAVE BEEN RELEASED AFTER A DAY. THE FOURTH OF THE AMENDMENT WOULD HAVE ALLOWED MORE, BUT WHAT IN PRACTICE WOULD HAPPEN? FROM YOUR REPRESENTATION,...
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| 00:10:31 |
Unidentified Speaker, -
SITUATIONS, THEY DID NOT RELEASE THEM UNTIL THEY CAN NAIL DOWN THEIR IDENTITY AND WHETHER THEY ARE LIKELY TO COME TO A COURT HEARING AT A SUBSEQUENT --...
|
| 00:10:48 |
Unidentified Speaker, -
PROBLEM? >> THE FEDERAL GOVERNMENT HAS A LOT OF IMMIGRATION ARRESTS SUBJECT TO THE FOURTH AMENDMENT. WE ARE NOT MAKING
|
| 00:10:59 |
Unidentified Speaker, -
A FOURTH AMENDMENT CLAIM. WE WANT TO BE RESPONSIVE AND MAKE THE POINT THAT THE FACTUAL PREMISE THAT THIS IS GOING TO 2B WILL LEAD TO THE LOCATION OF...
|
| 00:11:25 |
Unidentified Speaker, -
IMAGINE, WE INTERPRET WE2B AS NOT AUTHORIZING OR REQUIRING THE DETENTION OF ANY INDIVIDUAL UNDER 2B FOR A SIGNIFICANTLY LONGER PERIOD OF TIME AND THAT...
|
| 00:12:03 |
Unidentified Speaker, -
WOULD BE LONG GAVE A SIGNIFICANT NUMBER OF CASES. YOU COULD SAY THAT AND THE REASON IS IT IS SOMETHING THAT HAPPENS EVEN WITHOUT THIS LAW THAT WHEN YOU...
|
| 00:13:36 |
Unidentified Speaker, -
FEDERAL AGENCY, THE AGENCY SAYS WE DO NOT WANT TO DETAIN THIS ATM, THAT ALIEN WILL BE RELEASED UNLESS IT IS UNDER 6 OR UNDER 6, 3, OR SOME OTHER OF ARIZONA'S...
|
| 00:14:06 |
Unidentified Speaker, -
PURPOSES THE STATE MAKES CONTACT FOR THE IMMIGRATION OFFICIALS, IF THEY SAY WE HAVE NO INTEREST IN REMOVING THIS PERSON UNDER THE FEDERAL CRIMINAL PROVISION,...
|
| 00:14:31 |
Unidentified Speaker, -
THE FEDERAL GOVERNMENT HAS NO INTEREST IN REMOVING? >> NO, I DO NOT ACCEPT THAT -- >> CALL UP THE FEDERAL GOVERNMENT, YES, HE IS A
|
| 00:14:47 |
Unidentified Speaker, -
FEN ALIEN, BUT THAT IS OKAY FOR US? >> ALL THIS DISCUSSION HAS BEEN ABOUT 2B AND 6. SHALL THREET PROVIDES
|
| 00:15:01 |
Unidentified Speaker, -
AN AUTHORITY UNDER STATE LAW -- SECTION 3 PROVIDES AN AUTHORITY UNDER STATE LAW. IF UNDER THAT PROVISION THERE WOULD BE A STATE PROVISION, TO TAKE ACTION...
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| 00:15:26 |
Unidentified Speaker, -
THAT A STATE MUST ACCEPT WITHIN ITS BORDERS AND A PERSON WHO IS ILLEGALLY PRESENT UNDER FEDERAL LAW? AND THAT IS BY REASON OF THEIR ALIEN STATUS? >> I...
|
| 00:16:01 |
Unidentified Speaker, -
LET'S SAY SOMEONE -- SOMEONE IS STOPPED FOR SPEEDING, 10 MILES OVER THE SPEED LIMIT ON AN INTERSTATE. THE OFFICER FOR SOME REASON THINKS THIS PERSON MAY...
|
| 00:16:44 |
Unidentified Speaker, -
REASONABLE SPECIFIC -- SUSPICION. >> WHY? >> THAT MIGHT BE A SITUATION WHERE THAT IS THE CASE AND IT WOULD NOT THE SPELT THE REASONABLE SUSPICION. IN...
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| 00:17:01 |
Unidentified Speaker, -
AVERAGE CASE IT WOULD. THEY WOULD MAKE THE INQUIRY TO THE OFFICIAL, AND IT BECAUSE OF THE FACT THE INDIVIDUAL IS A CITIZEN, WHAT WOULD HAPPEN IS YOU WOULD...
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| 00:17:57 |
Unidentified Speaker, -
SIMPLY ON THE GROUND THE PERSON IS REMOVABLE, WHICH IS WHAT THE OFFICER -- OFFICE OF LEGAL COUNSEL OPINED, THEN THE OFFICER COULD CONTINUE TO DETAIN THAT...
|
| 00:18:43 |
Unidentified Speaker, -
FULL OFFICE OF LEGAL COUNSEL TO DURATION WHERE YOU HAVE BROUGHT ARREST AUTHORITY FOR REMOVABLE INDIVIDUALS. THIS IS A NARROW SLICE OF AN ADDITIONAL ARREST...
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| 00:20:02 |
Unidentified Speaker, -
THEY ARE REMOVABLE, CORRECT? >> I DO NOT THINK THEY WOULD HAVE COMMITTED A PUBLIC OFFENSE
|
| 00:20:13 |
Unidentified Speaker, -
UNDER ERRORS AND NOT LAW. I DO NOT THINK THERE WOULD BE OUR ARREST AUTHORITY IN THAT CIRCUMSTANCE AS JUSTICE ALITO'S QUESTION -- >> WHAT IS THE DEFINITION...
|
| 00:20:33 |
Unidentified Speaker, -
ACTION AND A CRIME IN ARIZONA. WHAT MAKES
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| 00:20:38 |
Unidentified Speaker, -
THIS ANOMALOUS IS NORMALLY A SOMETHING IS A CRYING IN ARIZONA THERE IS ARREST AUTHORITY. WHAT THIS CAPTORS IS PEOPLE WHO HAVE COMMITTED A CRIME ARE NO...
|
| 00:21:05 |
Unidentified Speaker, -
EXPANDS BEYOND FEDERAL GOVERNMENT'S DETERMINATION ABOUT THE TYPES OF SANCTIONS THAT SHOULD COVER THE EMPLOYMENT RELATIONSHIP. YOU TALK ABOUT SUPPLY AND...
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| 00:21:33 |
Unidentified Speaker, -
THE -- REMOVE ABILITY. TAKE THE PREMISE THAT 5-C TAKES THE PREMISE THERE IS NO -- OF THE THINGS MAKES 5C IN THE CASE IS A TARGET EMPLOYMENT PROHIBITED...
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| 00:22:28 |
Unidentified Speaker, -
LANGUAGE CONTROLS HERE AND WE ARE GOING TO ASK -- ARE PRIMARY FUNCTION IS TO DETERMINE THE CIRCUMSTANCES IN THIS CASE THE LAW STANDS AS AN OBSTACLE TO...
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| 00:22:59 |
Unidentified Speaker, -
SHAPED AND COLORED TO THAT TEST. I DO NOT HAVE A QUARREL WITH THAT TEST. >> GOVERNMENT ON THIS SECTION WILL SAY THERE MAY BE -- THIS MUST BE -- THE...
|
| 00:23:14 |
Unidentified Speaker, -
OF THIS STATUTE WILL BE THE SAME AS OUR APPROACH? >> HE SHOULD NOT TAKE THE FEDERAL GOVERNMENT IN ITS WORD FOR THIS. IT IS
|
| 00:23:31 |
Unidentified Speaker, -
SAID THE CALIFORNIA STATUTE IT WAS PRE-EMPTED. THE COURT DID NOT SAY WE HAVE THIS LANGUAGE. THEY WENT BE ON THAT AND THEY LOOKED HARD. BUT THEY DID...
|
| 00:24:09 |
Unidentified Speaker, -
HISTORY THAT THE IDEA OF PUNISHING EMPLOYEES WAS RAISED. THE PRE-EMPTION LANGUAGE WOULD BE GEARED TO WHAT WAS DECIDED TO BE PUNISHED. IT SEEMS ODD TO...
|
| 00:24:43 |
Unidentified Speaker, -
ADDITIONAL PROHIBITION AND SAYING THAT DECISION HAS PREEMPTED IN EFFECT. THAT IS A REMARKABLE ADDITIONAL STEP. IF HE CONSIDERED THE LEGISLATIVE HISTORY,...
|
| 00:25:56 |
Unidentified Speaker, -
THAT LEAVES THE DEMAND SIDE OPEN. THERE IS A REGULATION, AND THE QUESTION IS WHETHER ANYTHING BEYOND THAT IS INCONSISTENT WITH THE FEDERAL -- IS NOT JUST...
|
| 00:26:43 |
Unidentified Speaker, -
ASSIST IN REGULATING THE EMPLOYER SIDE, BECAUSE THEY ARE WORRIED ABOUT A FRAUDULENT DOCUMENT USED TO TRICK THE EMPLOYER TO EMPLOYER SOMEBODY WHO IS NOT...
|
| 00:27:16 |
Unidentified Speaker, -
TO DO THAT. SECTION 3, THE QUESTION, A PROVISION THAT IS PARALLEL TO THE
|
| 00:27:22 |
Unidentified Speaker, -
FEDERAL REQUIREMENTS AND OPPOSES THE SAME PUNISHMENTS. IT IS NOT A FERTILE GROUND FOR PRE-EMPTION. THERE ARE CASES THAT FIND PRE- EMPTION EVEN IN THOSE...
|
| 00:27:50 |
Unidentified Speaker, -
COULD THE STATES PROSECUTE THEM OWLS WELLE? >> IGOOD. IF THE WALLACE A PRIORITY -- IF THAT WAS A PRIORITY TO YOUTH, BUT THIS
|
| 00:28:06 |
Unidentified Speaker, -
COURT HAS CONFRONTED THAT ARGUMENT WERE YOU HAVE THE STATUTE OF CALIFORNIA THAT PROHIBITED SOMEONE OPERATING WITHOUT A LICENSE. YOU HAVE TO LET THE FENCE...
|
| 00:28:47 |
Unidentified Speaker, -
COMPLEMENT, SO I DO NOT SEE THE ALIEN REGISTRATION AS A QUESTION OF PRE-EMPTION THAT WHEN WE WANT WHERE REGISTRATION SCHEME TO BE FEDERAL. >> THAT IS...
|
| 00:29:23 |
Unidentified Speaker, -
HOLDING IS, IT STATES IN TERMS OF OBSTACLE PREEMPTION, AND HERE IS WHERE THERE IS A CRITICAL DIFFERENCE WITH WHAT YOU HAVE HERE. NOT SURPRISINGLY, THEY...
|
| 00:30:35 |
Unidentified Speaker, -
REGISTRATION, AND YET THEY ARE PEOPLE NOBODY WOULD THINK SHOULD BE REMOVED. I THINK SOMEONE WITH A PENDING ASYLUM CLASSIFICATION WOULD FALL INTO THAT....
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| 00:30:58 |
Unidentified Speaker, -
FOR AN END 1306, AND AS I UNDERSTAND THERE ARE CERTAIN PEOPLE WHO CANNOT GET A REGISTRATION DOCUMENT, AND AS I UNDERSTAND, IT IS NOT A VIOLATION OF 91304...
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| 00:31:45 |
Unidentified Speaker, -
NOT GET REGISTRATION. >> IF YOU ARE IN THE COUNTRY UNLAWFULLY, YOU CAN TRY TO REGISTER, SO SOMEBODY WHO ENTERS ILLEGALLY, THEY
|
| 00:31:54 |
Unidentified Speaker, -
ARE ALREADY GUILTY ON ONE LEVEL, BUT IF THEY SAY 30 DAYS AND DO NOT TRY TO REGISTER, THAT IS INDEPENDENT VIOLATION, SO I NEED TO FIX WHAT I SAY AND...
|
| 00:32:33 |
Unidentified Speaker, -
TO WHAT THE CASE IS ABOUT, I WOULD LIKE TO CLEAR UP WHAT IT IS NOT ABOUT. NO PART OF THIS HAS TO DO WITH
|
| 00:32:41 |
Unidentified Speaker, -
RACIAL PROFILING. THIS IS NOT THE CASE OF ETHNIC PROFILING. >> WE ARE NOT MAKING ANY ALLEGATIONS ABOUT RACIAL OR ETHNIC PROFILING. >>
|
| 00:32:56 |
Unidentified Speaker, -
THE FIRST PROVISION OF THE STATUTES DECLARES ARIZONA IS PURSUING
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| 00:33:04 |
Unidentified Speaker, -
ITS OWN POLICY OF ATTRITION THROUGH ENFORCEMENT, AND THE PROVISIONS OF THIS LAW ARE DESIGNED TO WORK TOGETHER TO DRIVE UNLAWFUL ALIENS OUT OF THE STATES....
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| 00:33:30 |
Unidentified Speaker, -
DOES NOT HAVE THE POWER TO EXCLUDE OR REMOVE A PERSON WHO IS HERE ILLEGALLY. >> THAT IS OUR POSITION. IT IS OUR POSITION BECAUSE THE CONSTITUTION GRANTS...
|
| 00:33:47 |
Unidentified Speaker, -
AUTHORITY WITH THE NATIONAL GOVERNMENT. >> IT GIVES AUTHORITY OVER NATURALIZATION, WHICH WE HAVE EXPANDED TO IMMIGRATION, BUT THAT MEANS THE GOVERNMENT...
|
| 00:33:58 |
Unidentified Speaker, -
SET FORTH OUR RULES CONCERNING WHO BELONGS IN THIS COUNTRY, BUT IF IN FACT, SOMEBODY WHO DOES NOT BELONG TO THIS COUNTRY IS IN ARIZONA, ARIZONA HAS NO...
|
| 00:34:28 |
Unidentified Speaker, -
THE WAY THIS NATION TREATS FOREIGNERS IS UP TO THE NATIONAL GOVERNMENT. >> A THE SPILL OF TO THE NATIONAL GOVERNMENT. ARIZONA IS -- IS STILL UP TO THE...
|
| 00:34:43 |
Unidentified Speaker, -
NOT TRYING TO KICK OUT ANY ONE THE GOVERNMENT SAYS IT BELONGS THERE. THE COMMERCE CLAUSE SAYS NO STATE SHALL LAY DUTIES ON IMPORTS OR EXPORTS, EXCEPT...
|
| 00:35:27 |
Unidentified Speaker, -
ARIZONA IS PURSUING A POLICY SO UNLAWFUL ALIENS CAN BE JAILED AS CRIMINALS UNLESS THE FEDERAL GOVERNMENT AGREES TO DIRECT ITS RESOURCES TO REMOVE. >>...
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| 00:35:56 |
Unidentified Speaker, -
TO PROTECT THE BORDERS, SO ANYONE WHO IS HERE ILLEGALLY, THEY WANT TO KNOW ABOUT AND DO SOMETHING ABOUT, DIFFERENT FROM THE CURRENT POLICY. DOES THAT...
|
| 00:36:24 |
Unidentified Speaker, -
IMPOSES PENALTIES OF $5,000 A DAY FOR ANYONE NOT FOLLOWING SECTION TOWO TO THE MAXIMUM EXTENT POSSIBLE DOES CREATE A CONFLICT, BUT THE POINT IS TO UNDERSTAND...
|
| 00:37:07 |
Unidentified Speaker, -
POLICY WAS MAXIMUM ENFORCEMENT. WE WANT TO KNOW ABOUT EVERY PERSON STOPPED OR A RESTAURANT. AND WE WANT THEIR IMMIGRATION STATUS AND VERIFIED. WOULD...
|
| 00:37:29 |
Unidentified Speaker, -
AND NOT AN INDIVIDUAL STATES. >> YOU HAVE ANY IDEA WHERE ENFORCEMENT DISCRETION PRE-EMPTS STATES? >>
|
| 00:37:43 |
Unidentified Speaker, -
IT WILL HELP TO A POINT. >> WE HAVE SAID ESSENTIALLY THE PRE-EMPTION OF STATE LAW WILL COME NOT BY VIRTUE OF CONGRESS BUT BECAUSE THE
|
| 00:37:54 |
Unidentified Speaker, -
EXECUTIVE DOES NOT WANT THIS ENFORCED, BUT PRE- EMPTS THE STATE FROM ENFORCING IT RIGOROUSLY. >> I THINK OF PREEMPTION FOCUSES ON SECTION THREE. THE...
|
| 00:38:11 |
Unidentified Speaker, -
REGISTRATION CONGRESS SET TOP, FROM THE DECISION OF CONGRESS TO VEST THE SECRETARY AND THE ATTORNEY GENERAL WITH THE AUTHORITY TO MAKE JUDGMENTS. >>...
|
| 00:38:35 |
Unidentified Speaker, -
IS ALWAYS ENTRUSTED TO THE ATTORNEY GENERAL. >> THEY CAN ENGAGE ATTENTION IN SUPPORT OF FEDERAL LAW. IT DOES NOT SAY THEY CAN
|
| 00:38:47 |
Unidentified Speaker, -
PROSECUTE UNDER FEDERAL LAW. THAT IS A DIFFERENT MATTER. IT REALLY GOES TO THE HEART OF WHAT IS WRONG WITH SECTION 3 OF THIS ACT. TRUCKS USING THE FEDERAL...
|
| 00:39:32 |
Unidentified Speaker, -
HEART OF THE PROBLEM. SECTION ONE SAYS THE SECTION 2 AND SECTION 3 AND SECTION 5 ARE SUPPOSED TO WORK TOGETHER TO ACHIEVE THIS POLICY OF ATTRITION...
|
| 00:40:01 |
Unidentified Speaker, -
ONE MORE POINT, I THINK IT IS IMPORTANT TO UNDERSTAND THE DILEMMA THIS PUTS THE FEDERAL GOVERNMENT IN. ARIZONA HAS GOT THIS POPULATION, AND THEY ARE...
|
| 00:40:37 |
Unidentified Speaker, -
YOUR PEOPLE IN VIOLATION OF FEDERAL LAW, YOU MAKE THE DECISION, AND IF YOUR DECISION IS YOU DO NOT WANT TO PROSECUTE THOSE PEOPLE, THAT IS ENTIRELY UP...
|
| 00:40:58 |
Unidentified Speaker, -
I THINK THIS DOES GET TO THE HEART OF WHY THIS NEEDS TO BE AN EXCLUSIVE NATIONAL POWER. WHAT YOU'RE TALKING ABOUT IS TAKING SOMEBODY WHOSE ONLY OFFENSE...
|
| 00:41:26 |
Unidentified Speaker, -
IS YOU ARE GOING TO STAY IN JAIL OVERNIGHT IN A MATTER OF WHAT -- NO MATTER WHAT. WHAT IS WRONG WITH SAYING, I AM GOING TO CALL THE FEDERAL AGENCY AND...
|
| 00:42:07 |
Unidentified Speaker, -
THAT THE FEET OFF A CHALLENGE TO THE ACT? >> THE PROBLEM IS THAT IN EVERY CIRCUMSTANCE AS A
|
| 00:42:15 |
Unidentified Speaker, -
RESULT OF SECTION 2 OF THE LAW BACKED BY THE
|
| 00:42:20 |
Unidentified Speaker, -
PENALTIES, THE STATE OFFICIAL MUST PURSUE THE PRIORITIES THE STATE HAS SET, IN RESPECT OF OF WHETHER THEY ARE HELPFUL TO OR IN CONFLICT WITH FEDERAL...
|
| 00:43:14 |
Unidentified Speaker, -
AN INDIVIDUAL BASIS. ALL THE OFFICERS WERE INDIVIDUALLY DOING IT. THAT WOULD BE OK? >>
|
| 00:43:21 |
Unidentified Speaker, -
IF THERE IS A STATE POLICY BY REGULATION, AND WE HAVE A PROBLEM. >>
|
| 00:43:30 |
Unidentified Speaker, -
YOU SEEM TO BE SAYING WHAT IS WRONG WITH THE ARIZONA LAW IS THAT THE ARIZONA LEGISLATURE IS TRYING TO CONTROL
|
| 00:43:38 |
Unidentified Speaker, -
WHAT ITS EMPLOYEES ARE DOING, AND THEY HAVE TO BE FREE TO DISREGARD THE DESIRES OF THE ARIZONA LEGISLATURE FOR WHOM THEY WORK AND FOLLOW PRIORITIES...
|
| 00:44:18 |
Unidentified Speaker, -
PRIORITIES ARE THE STATE GOVERNMENT. >>
|
| 00:44:22 |
Unidentified Speaker, -
I AM A LITTLE CONFUSED. I AM TERRIBLY CONFUSED BY YOUR ANSWER, AND I DO NOT KNOW YOU ARE
|
| 00:44:30 |
Unidentified Speaker, -
FOCUSING ON WHAT I BELIEVE MY COLLEAGUES ARE TRYING TO GET TO. 2B HAS TWO COMPONENTS. EVERYBODY SUSPECTED WAS ARRESTED FOR ANOTHER CRIME. THE OFFICER...
|
| 00:45:45 |
Unidentified Speaker, -
RACIAL PROFILING. THERE ARE ALREADY TENS OF THOUSANDS OF STOCKS THAT RESULTS IN INQUIRIES IN ARIZONA -- OF STOPS AND RESULTING INCREASE IN ARIZONA. THEY...
|
| 00:46:18 |
Unidentified Speaker, -
DO WE HAVE THE STATISTICS OF HOW MANY ARRESTS AND THE PERCENTAGE? >> THERE
|
| 00:46:26 |
Unidentified Speaker, -
IS SOME EVIDENCE. THERE IS THE JOINT
|
| 00:46:35 |
Unidentified Speaker, -
APPENDIX THAT INDICATES IN FISCAL YEAR 2009 THERE WERE 80,000. >> WHAT DOES THIS HAVE TO DO WITH FEDERAL IMMIGRATION LAW? THEY HAVE TO DO WITH RACIAL...
|
| 00:46:52 |
Unidentified Speaker, -
BUT I THOUGHT YOU WERE NOT RELYING ON THAT. GOOD ARE YOU OBJECTING TO HOUSING THE PEOPLE WHO -- ARE YOU OBJECTING TO HARASSING THE PEOPLE WHO DO NOT...
|
| 00:47:38 |
Unidentified Speaker, -
OF OTHER COUNTRIES IS FUNDAMENTAL TO OUR FOREIGN RELATIONS. >> LET ME GO BACK, BECAUSE I AM TRYING TO GET SMOKERS, -- TO GET
|
| 00:47:53 |
Unidentified Speaker, -
FOCUSED, AND THINK ABOUT THE FIRST SENTENCE. IF THAT MEANS YOU'RE GOING TO HOLD AN INDIVIDUAL LONGER THAN YOU WOULD OTHERWISE, I THINK OF SOME ARGUMENTS...
|
| 00:49:03 |
Unidentified Speaker, -
EFFORT TO ENFORCE FEDERAL LAW, AND IT IS THE EXECUTIVE BRANCH THAT IS RESPONSIBLE FOR ENFORCING FEDERAL LAW. IT IS NOT AN EFFORT TO ENFORCE FEDERAL LAW....
|
| 00:49:58 |
Unidentified Speaker, -
DECISIONS ABOUT WHO TO APPREHEND, WHO TO CHECK ON, AND THE STRUCTURAL PROBLEM AND WE HAVE IS THAT ARIZONA OFFICIALS ARE NOT FREE. GOOD >> THE PERSON...
|
| 00:50:59 |
Unidentified Speaker, -
EFFORTS TO IDENTIFY SERIOUS CRIMINALS. >> WHAT IS WRONG WITH THE STATES ENFORCING FEDERAL LAW? THERE IS A FEDERAL LAW AGAINST ROBBING CERTAIN
|
| 00:51:16 |
Unidentified Speaker, -
THANKSBANKS. COULD IT BE A STATE LAW? THE STATE IS INTERFERING WITH OUR SCHEME, BECAUSE THEY ARE PROSECUTING ALL THESE THANK ROBBERS. WOULD ANYONE LISTEN...
|
| 00:51:49 |
Unidentified Speaker, -
CONCERN, EXCLUSIVE FEDERAL CONCERN, WHO CAN BE IN THE COUNTRY UNDER WHAT CIRCUMSTANCES. >> ARE YOU TALKING ABOUT THREE? >> THIS IS AN ARGUMENT ABOUT #2....
|
| 00:52:18 |
Unidentified Speaker, -
WITHIN THE FEDERAL REMOVAL PRIORITIES WITHOUT MAKING AN INQUIRY TO THE FEDERAL GOVERNMENT? I UNDERSTAND ONE OF THE PRIORITIES IS PEOPLE WHO HAVE BEEN...
|
| 00:53:05 |
Unidentified Speaker, -
REMOVED AND HAS COME BACK OR IF IT WAS JUST IN THE LAST FEW HOURS, SOMEBODY PREVIOUSLY REMOVED? HOW CAN YOU KNOW THAT WITHOUT MAKING INQUIRIES? >> YOU...
|
| 00:53:26 |
Unidentified Speaker, -
YOU HAVE TO MAKE THE INQUIRY IN ANY CASE. IF YOU ASK ONE OF YOUR LAW CLERKS TO BRING IN AN EXEMPTION CASE AND THEY SAY, THEY ARE IN THERE, THAT MAKES...
|
| 00:54:03 |
Unidentified Speaker, -
INQUIRY OF THE FEDERAL GOVERNMENT, AND THEN IT SAYS THE FEDERAL GOVERNMENT HAS AN OBLIGATION TO RESPOND. ASSUMING THE STATUTE WHERE LIMITED SO NOTHING...
|
| 00:54:55 |
Unidentified Speaker, -
IN 1996 ALONG WITH 1357, AND 1357 IS THE PROVISION THAT SET FOR THE POWERS AND AUTHORITY OF FEDERAL IMMIGRATION AUTHORITIES. IT CONTAINS 1357 G, WHICH...
|
| 00:56:17 |
Unidentified Speaker, -
IS WRONG, YOU CAN SEE IT IS NOT SELLING VERY WELL, WHY DON'T YOU TRY TO COME UP WITH SOMETHING ELSE, BECAUSE IT IS NOT THAT IT IS FORCING YOU TO CHANGE...
|
| 00:56:51 |
Unidentified Speaker, -
SIGNIFICANT HARASSMENT PROBLEM. WE THINK THERE IS A STRUCTURAL ACCOUNTABILITY PROBLEM THAT THEY ARE NOT ANSWERABLE TO FEDERAL OFFICIALS, AND WE THINK...
|
| 00:57:27 |
Unidentified Speaker, -
DO-NOW. >> I THINK THE KEY THING ABOUT SECTION 3 IS THAT SECTION 3 IS TO
|
| 00:57:36 |
Unidentified Speaker, -
ENFORCE A FEDERAL REGISTRATION REQUIREMENT. THAT IS THE RELATIONSHIP BETWEEN THE ALIEN AND THE UNITED STATES GOVERNMENT THAT IS EXCLUSIVELY A FEDERAL...
|
| 00:59:28 |
Unidentified Speaker, -
KNOW BECAUSE THERE ARE REGULATIONS THAT REQUIRE THAT TO BE KEPT PRIVATE TO AVOID RETALIATION AGAINST THE PERSON MAKING THE APPLICATION. AND SO, THIS...
|
| 00:59:57 |
Unidentified Speaker, -
AN EXTRAORDINARY BASIS FOR SAYING THAT THE STATE IS PREEMPTED. >> I THINK WHAT'S EXTRAORDINARY ABOUT THIS, ACTUALLY, JUSTICE SCALIA, IS THE STATE'S
|
| 01:00:04 |
Unidentified Speaker, -
DECISION
|
| 01:00:06 |
Unidentified Speaker, -
TO ENACT A STATUTE PURPORTING TO CRIMINALIZE THE VIOLATION OF A FEDERAL REGISTRATION OBLIGATION. AND I THINK THAT'S THE PROBLEM HERE. AND THEY'RE DOING...
|
| 01:00:21 |
Unidentified Speaker, -
BUT -- BUT WHAT -- >> IT'S THE BANK. IT'S THE FEDERAL BANK EXAMPLE -- >> WELL, NO. >> -- A STATE LAW WHICH CRIMINALIZES THE SAME THING THAT THE FEDERAL...
|
| 01:00:34 |
Unidentified Speaker, -
TO GET AT THE STATUS OF UNLAWFUL PRESENCE. THE ONLY PEOPLE WHO CAN BE PROSECUTED UNDER SECTION ARE PEOPLE WHO ARE UNLAWFULLY PRESENT IN THE COUNTRY....
|
| 01:00:39 |
Unidentified Speaker, -
THE STATUTE SAYS. AND THEY'RE USING IT TO GET AT THAT CATEGORY OF PEOPLE, TO ESSENTIALLY USE THEIR STATE CRIMINAL LAW TO PERFORM AN IMMIGRATION FUNCTION....
|
| 01:01:19 |
Unidentified Speaker, -
OR THE RESOURCES TO ENFORCE OUR IMMIGRATION LAWS THE WAY WE WISH. WE WISH WE COULD DO SO, BUT WE DON'T HAVE THE MONEY OR THE RESOURCES. THAT'S THE FIRST...
|
| 01:01:41 |
Unidentified Speaker, -
IMMIGRANTS. LET'S JUST ASSUME THOSE TWO THINGS.
|
| 01:01:43 |
Unidentified Speaker, -
DOES THAT GIVE THE STATE OF ARIZONA ANY POWERS OR AUTHORITY OR LEGITIMATE CONCERNS THAT ANY OTHER STATE WOULDN'T HAVE? >> OF COURSE, THEY HAVE LEGITIMATE...
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| 01:02:01 |
Unidentified Speaker, -
AND CAN THEY GO TO THEIR LEGISLATURE AND SAY, WE'RE CONCERNED ABOUT THIS, AND ASK THE LEGISLATURE TO ENACT LAWS TO CORRECT THIS PROBLEM?>> THEY -- THEY...
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| 01:02:21 |
Unidentified Speaker, -
LAWS OF GENERAL APPLICATION THAT ARE ON THE BOOKS. THEY ALREADY -- AS A RESULT OF U.S.C. , IT'S CLEAR THAT THEY ARE UNDER NO OBLIGATION TO PROVIDE ANY...
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| 01:02:45 |
Unidentified Speaker, -
GENERAL, DIDN'T YOU SAY IN YOUR BRIEF -- I FORGET WHERE IT WAS -- I THOUGHT YOU SAID THAT THE -- THE JUSTICE DEPARTMENT DOESN'T GET NEARLY ENOUGH MONEY...
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| 01:02:52 |
Unidentified Speaker, -
WE HAVE TO SET PRIORITIES. THERE ARE ONLY -- >> EXACTLY. OKAY. SO THE STATE SAYS, WELL, THAT MAY BE YOUR PRIORITIES, BUT MOST OF THESE PEOPLE THAT YOU'RE...
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| 01:03:04 |
Unidentified Speaker, -
INORDINATE PERCENTAGE OF THEM, ARE HERE IN OUR STATE, AND WE DON'T LIKE IT. THEY'RE CAUSING ALL SORTS OF PROBLEMS. SO WE'RE GOING TO HELP YOU ENFORCE...
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| 01:03:30 |
Unidentified Speaker, -
RELATIONS EFFECTS. AND THAT'S THE PROBLEM, AND IT'S THE REASON WHY THIS POWER NEEDS TO BE VESTED EXCLUSIVELY IN THE FEDERAL GOVERNMENT. WHAT THEY'RE...
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| 01:04:26 |
Unidentified Speaker, -
THAT THE -- THE BALANCE OF INTEREST
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| 01:04:28 |
Unidentified Speaker, -
THAT HAS TO BE ACHIEVED IN ENFORCING THE -- THE IMMIGRATION LAWS IS EXCEEDINGLY DELICATE AND COMPLEX, AND IT INVOLVES CONSIDERATION OF FOREIGN RELATIONS....
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| 01:05:01 |
Unidentified Speaker, -
DON'T REALLY KNOW WHAT HAPPENS WHEN THE ARIZONA POLICE CALL THE FEDERAL AGENCY. THEY GIVE THE FEDERAL AGENCY A NAME, CORRECT? >> I ASSUME SO, YES. >>...
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| 01:05:37 |
Unidentified Speaker, -
HAVE? WHAT INFORMATION DOES
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| 01:05:41 |
Unidentified Speaker, -
YOUR SYSTEM HAVE? >> YES. SO THE WAY THIS WORKS IS THERE'S A SYSTEM FOR -- FOR INCOMING INQUIRIES. AND THEN THERE'S A PERSON AT A COMPUTER TERMINAL. AND...
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| 01:06:12 |
Unidentified Speaker, -
LEGAL. IS THERE A CITIZEN DATABASE? >> THE CITIZEN PROBLEM IS ACTUALLY A SIGNIFICANT PROBLEM. THERE ISN'T A CITIZEN DATABASE. IF YOU -- >> I'M SORRY,...
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| 01:06:20 |
Unidentified Speaker, -
SO YOU COULD BE DISCOVERED THAT WAY. BUT OTHERWISE, THERE IS NO RELIABLE WAY IN THE DATABASE TO VERIFY THAT YOU ARE A CITIZEN UNLESS YOU'RE IN THE PASSPORT...
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| 01:06:44 |
Unidentified Speaker, -
THEY MAKE THE CALL TO THIS AGENCY. YOU COULD SIT THERE FOREVER WHILE THEY -- >> YES, AND I -- >> -- FIGURE OUT IF YOU'RE -- >> WHILE I'M AT IT, THERE...
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| 01:06:58 |
Unidentified Speaker, -
MR. CLEMENT SUGGESTED THAT IT TAKES MINUTES TO PROCESS THESE CALLS. THAT'S TRUE, BUT YOU'RE IN A QUEUE FOR MINUTES BEFORE IT TAKES THE MINUTES TO PROCESS...
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| 01:07:15 |
Unidentified Speaker, -
THAT THE GOVERNMENT IS NOT FOCUSED ON PEOPLE WHO ARE HERE ILLEGALLY AS OPPOSED TO THE OTHER CATEGORIES YOU WERE TALKING ABOUT BECAUSE OF PRIORITIZATION...
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| 01:07:56 |
Unidentified Speaker, -
FALL IN OUR PRIORITY CATEGORIES, THERE ARE THOSE WHO HAVE COMMITTED SERIOUS OFFENSES, THERE ARE THOSE WHO HAVE BEEN REMOVED AND HAVE COME BACK, AND...
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| 01:09:12 |
Unidentified Speaker, -
SEND THEM BACK TO THE COUNTRIES THAT ARE -- THAT ARE OBJECTING. >>
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| 01:09:19 |
Unidentified Speaker, -
THIS IS A -- >> WHAT'S THE PROBLEM WITHTHAT? >> WELL, A COUPLE OF THINGS. FIRST IS, I DON'T THINK IT'S REALISTIC TO ASSUME THAT THE AGGRESSIVE ENFORCEMENT...
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| 01:09:30 |
Unidentified Speaker, -
OF ORIGIN. IT SEEMS A FAR MORE LIKELY OUTCOME IT'S GOING TO BE MIGRATION TO OTHER STATES. AND THAT'S A SIGNIFICANT PROBLEM. THAT'S PART OF THE REASON...
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| 01:10:29 |
Unidentified Speaker, -
I'M NOT SAYING THAT -- >> IT SOUNDED LIKE WHAT YOU WERE SAYING. >> NO, BUT WHAT I AM SAYING IS THAT THIS POINTS UP WHY THE FRAMERS
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| 01:10:40 |
Unidentified Speaker, -
MADE THIS POWER AN EXCLUSIVE NATIONAL POWER. IT'S BECAUSE
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| 01:10:43 |
Unidentified Speaker, -
THE ENTIRE COUNTRY FEELS THE EFFECTS OF A DECISION -- CONDUCT BY AN INDIVIDUAL STATE. AND THAT'S WHY THE POWER NEEDS TO BE EXERCISED AT THE NATIONAL LEVEL...
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| 01:10:58 |
Unidentified Speaker, -
NOTHING IN THE LAW REQUIRES YOU TO DO THAT. ALL IT DOES IS LETS YOU KNOW WHERE -- THAT AN ILLEGAL ALIEN HAS BEEN ARRESTED, AND YOU CAN DECIDE, WE ARE...
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| 01:11:26 |
Unidentified Speaker, -
BUT ARIZONA'S DECISION TO INCARCERATE, AND THE FOREIGN RELATIONS PROBLEM THAT THATRAISES. THAT'S WHY THIS POWER HAS GOT TO BE EXERCISED AT THE NATIONAL...
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| 01:11:47 |
Unidentified Speaker, -
TAX THE COURT'S PATIENCE, BUT IF I COULD SPEND A MINUTE ON SECTION . >> SECTION . >> THE -- I DO THINK THE FUNDAMENTAL POINT ABOUT SECTION HERE IS THAT...
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| 01:12:00 |
Unidentified Speaker, -
THE LANDSCAPE. CONGRESS MADE A DECISION IN TO MAKE THE EMPLOYMENT OF ALIENS A CENTRAL CONCERN OF NATIONAL IMMIGRATION POLICY. AND THIS COURT HAS DESCRIBED...
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| 01:13:21 |
Unidentified Speaker, -
JUDGMENTS CONGRESS MADE IN . ON THE EMPLOYER'S SIDE --
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| 01:13:23 |
Unidentified Speaker, -
AND, AFTER ALL, THIS IS A SITUATION IN WHICH THE CONCERN HERE IS THAT THE EMPLOYER IS IN A POSITION OF BEING THE EXPLOITER AND THE ALIEN OF BEING THE...
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| 01:15:31 |
Unidentified Speaker, -
ENFORCEMENT PROVISION, SINCE I DO THINK THAT THE GOVERNMENT'S RATHER UNUSUAL THEORY THAT SOMETHING THAT'S OKAY WHEN DONE AD HOC BECOMES PREEMPTED WHEN...
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| 01:17:57 |
Unidentified Speaker, -
HAPPEN NOW IS THAT IF THERE'S NO STATEMENT BY THE FEDERAL AGENCY OF LEGALITY, THE PERSON IS ARRESTED, AND NOW WE'RE GOING TO HAVE FEDERAL RESOURCES...
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| 01:18:32 |
Unidentified Speaker, -
NO, WE'RE GOING TO SAY THAT WE COMMUNICATED WITH THE FEDERAL IMMIGRATION OFFICIALS, AND THEY TOLD US THIS IS SOMEBODY WHO'S PERFECTLY FINE AND DOESN'T...
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| 01:18:43 |
Unidentified Speaker, -
CLAUSE PROBLEM WITHTHAT? WITH RELYING ON A CALL TO A FEDERAL AGENCY AND THE POLICE OFFICER SAYS, YOU'RE ARRESTED, YOU'RE CHARGED,
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| 01:18:48 |
Unidentified Speaker, -
IT'S NOT AN ILLEGAL ALIEN -- OR IT IS AN ILLEGAL ALIEN. >> MY SUPPOSITION, >>, IS THAT THEY WOULD USE THAT CALL TO NOT BRING THE PROSECUTION, SO THE...
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| 01:19:07 |
Unidentified Speaker, -
THEY BRING A PROSECUTION UNDER SECTION -- >> SO HOW -- WHERE DO THEY GET THE
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| 01:19:11 |
Unidentified Speaker, -
RECORDS THAT SHOW THAT THIS PERSON IS AN ILLEGAL ALIEN THAT'S
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| 01:19:14 |
Unidentified Speaker, -
NOT AUTHORIZED TO BE HERE? >> I -- >>
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| 01:19:17 |
Unidentified Speaker, -
WHO DO THEY GET IT FROM? >> I THINK THEY WOULD GET IT FROM THE FEDERAL AUTHORITIES. I THINK IT WOULD BE ADMITTED. THERE MIGHT BE A CHALLENGE IN THAT...
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| 01:19:26 |
Unidentified Speaker, -
I'M NOT GOING TO TRY TO ADDRESS THAT POTENTIAL SIXTH AMENDMENT ISSUE. WHAT I WOULD LIKE TO SAY IS TWO THINGS. ONE, IF THERE'S SOME SLOPPINESS IN THE...
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| 01:20:38 |
Unidentified Speaker, -
ALREADY COVERED, AND THEY WERESUBJECT TO DEPORTATION. SO THE GOVERNMENT SAID, WE'RE GOING TO COVER THE EMPLOYERS FOR THE FIRST TIME. I CAN'T IMAGINE...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.