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The Feds can do that?

USA Today:

Arizona Sheriff Joe Arpaio says he will continue his controversial “crime suppression operations” despite a Department of Homeland Security decision to strip him of authority to arrest suspected illegal immigrants based solely on their immigration status

I can’t imagine DHS has the authority to strip an elected official of their powers. Anyone?

18 Responses to “The Feds can do that?”

  1. chris Says:

    I would like to see Sheriff Joe run against John McCain next year.

    It would be interesting.

  2. Xrlq Says:

    My understanding is that states have no inherent authority to enforce immigration laws, meaning the only such power they do have is what is bestowed (or, in this case, un-bestowed) by the federal government. Constitutionality aside, this strikes me as a dumb move by Janet Napolitano (but I repeat myself).

    On a separate note, I think I can see your house from here.

  3. SayUncle Says:

    Where is here? Mountains?

  4. Stormy Dragon Says:

    DHS can’t.

    But elected officials don’t have the authority to go around detaining people with no probable cause for the purposes of running background checks on them, so DHS isn’t.

    And given Arpaio’s long history of criminal activity under the color of law, the fact Republicans think he’d be a good choice to run for Senator is another great example of why I left the party.

  5. Chas Says:

    Markie Marxist sez: “Arpaio can’t enforce the law against our Marxist/warrior/hero/illegal aliens without our Marxist federal government shutting him down. Now, if he wants to go to other states and make illegal straw purchases at gun shows to attack private gun ownership, then we’ll look the other way. After all, as everyone knows, the law is the law, except when it’s not. It’s a political correctness according to Marxist values thing, as usual. That’s the sole determining factor in these things, not what some silly law says. Who cares about the law? Our Marxist values however, are sacred. They’re above the law.”

  6. Shootin' Buddy Says:

    “I can’t imagine DHS has the authority to strip an elected official of their powers. Anyone?”

    Ummm, remember we fought that big war so some states would stop mistreating their citizens by enslaving them?

    We then passed the Civil Rights Act of 1866 which was a big fail. We then passed the 14th Amendment to stop the Southern states from misbehaving. Enforced via federal law.

    See, e.g., 18 USC §241, 242, 245 and civilly at 42 USC §14141 and §1997.

  7. ParatrooperJJ Says:

    They stripped him of his federal arrest authority. He still retains his state arrest authority.

  8. Tennessee Budd Says:

    That “big war” had slavery as one of the issues, but the primary reason was because the gubmint was bossing around soverign states, and one of them decided to exercise her sovereignty. Hmmm…sounds familiar, for some reason.
    Arpaio should come out with a statement that he will no longer pursue some criminals because they commit a federal crime. See what ensues.

  9. Dan Says:

    Too bad the federal gov’t refuses to do it’s job, causing the good sherif to do it for them.

  10. blounttruth Says:

    Constitutionally the Sheriff is the highest power in his county, even over the federal government. So why can DHS push the sheriff around? Another conspiracy for Uncle, the interesting thing is Congress cannot confirm or deny the status of the COG:
    http://constitutionally.blogspot.com/
    If this is still enacted, they (gument) can do whatever they like. The issue is our “representative” government now finds comfort in keeping the public in the dark about laws they passed in the dark of night after 9/11. Seems to me that those on the right and the left do not let a good tragedy go to waste, so this is not even a partisan issue. Please take this link and post it elsewhere until perhaps there are enough people questioning the executive branches motive behind this, and to help find out if it is still active. If so it would explain allot like the bailouts, health care reform, and all other non constitutional actions taken over the last 8 years, and by the last two administrations.

  11. mariner Says:

    The DHS has the authority to do whatever the DHS wants to do, until enough Americans are willing to use deadly force to stop them.

    We must respect their authority!

  12. nk Says:

    I like illegal aliens better than dirty old ginzos who like to dress men in pink underwear and torture them, sometimes to death, so I’m cool with this.

  13. straightarrow Says:

    Next time there is a bank robbery in Maricopa County, Arpaio should just keep his men on patrol. Not gather evidence, not interview witnesses, not send men to participate in hostage situations should they occur, though that would be unlikely if there is no law enforcement on site. As a courtesy he could advise the bank manager to call the FBI as bank robbery is a federal crime, but he would be under no obligation to do so.

    Same for any other criminal activity in which the Feds have an interest. No help with roadblocks,etc., nothing.

  14. Rivrdog Says:

    Those pink boxers are worth $50 on the street…

    Sheriff Arpaio might be in trouble if he cut off the Feds. They pay $110/day per prisoner held, and he holds a bunch of them. His system doesn’t spend half of that keeping the prisoners, so he profits mightily.

    In Columbia County, OR, the Feds ended their contract with the Sheriff, and he had to damn near shut down the S.O. because of it. Laid off all but 3 deputies. County Commission restored some of the money after the Sheriff toed the PeeCee line on arresting illegals (Voters approved an ordinance on proof of nationality, Commission refused to fund it).

  15. Stormy Dragon Says:

    Voters approved an ordinance on proof of nationality, Commission refused to fund it

    Yeah, it’s a damn shame I’m able to go around my business without being harassed by government officials demanding “Biite ihre Papieren!”.

  16. Good_ol_Al Says:

    I have voted for Joe every time he has run. I will again. He always puts the people and the law in front.
    Go Joe!

  17. straightarrow Says:

    Rivrdog, there is a simple solution to that funding problem should they do what you have said. That is simply to empty the jail, bus them all to D.C. and let them out.

  18. Stormy Dragon Says:

    He always puts the people and the law in front

    …of a tank

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