Legal battle against Arizona’s law could become complicated

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The National Association of Former Border Patrol Officers (NAFBPO) extracts and condenses the material that follows from Mexican and Central and South American on-line media sources on a daily basis. You are free to disseminate this information, but we request that you credit NAFBPO as being the provider.

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Legal battle against Arizona’s law could become complicated


Wednesday, 5/19/10


El Financiero (Mexico City) 5/18/10

A press report states that a legal memorandum dating to the administration of ex-President George W. Bush could complicate Barack Obama’s efforts to confront Arizona’s law SB1070. If the government decides to start legal action to prevent that law from going into effect, the document seems to be in conflict with the central argument that legal experts anticipate would be the core of the official case.

The existence of the document, written in 2002, turns out to be ironic because of the current administration’s intention to confront a law which President Barack Obama has called “ill guided.” The document from the Office of Legal Counsel of the Department of Justice concluded that local law enforcement has the “inherent power” to detain undocumented immigrants for violation of a federal law. The author of the Arizona law cited the authority granted to local law enforcement in that memorandum as a basis for the controversial legislation.

The Obama administration has not rescinded the memorandum, and a legal action on the part of the Department of Justice would be embarrassing at least. Robert Driscoll, an ex-official of the Department of Justice, who represents a sheriff in Arizona, pointed out how difficult it would be to “charge someone for carrying out the authority which the Department says they have.” The Attorney General, Eric Holder, has stated that his office is considering a lawsuit against Arizona and that the Civil Rights Division is conducting legal consultations on the matter.

Cecilia Wang, a lawyer with the ACLU, rejected the complications that the 2002 memorandum may cause because the Arizona law, she said, “goes much further” than the basic authority that document grants in order to carry out arrests.


Apprehensions for illegal border crossing up in Arizona

U.S. Border Patrol statistics show an increase in illegal border crossings from Mexico into Arizona. While that state nears putting into effect the most severe immigration law in the United States, detention of illegal border crossers there has increased 6% this fiscal year. Smugglers are opting for the easier areas in the extreme southeast and southwest corners of the state.


Prensa Libre (Guatemala City, Guatemala) 5/18/10

Mexico’s Immigration Agency combats illegal immigration. However, no protest marches or demonstrations are reported.

“Seven Guatemalans were detained Monday afternoon in Mexico’s southern state of Guerrero as they sought to reach the United States without papers.” Mexico’s “INM” (Federal Immigration Agency) reported that the migrants were traveling in a bus on a highway near Cuajinicuilapa when they were arrested. So far this year, up until May 10, Mexico has deported 9,268 undocumented persons.


Frontera (Tijuana, Baja Calif.) 5/18/10

Mexican smugglers treat border-crosser “wannabes” inhumanely. Again, no protest marches or demonstrations.

Tecate, Baja Calif., is a town by the U.S. border, some 30 mi. east of Tijuana, Mexico. When police in Tecate responded to a call from a relative of a man being held for ransom, they, plus some military, went to the area in question but were met with gunfire. A police “commander” was wounded and had to be airlifted. The police managed to arrest five adult kidnappers and their 16 year old accomplice. They also found the victims, all nude and in a cave. They had been captured while attempting to cross the border into the U.S.; they were being held while their captors were demanding thousands of U.S. dollars from their relatives for their release.


El Diario (Ciudad Juarez, Chihuahua) 5/18/10

“It’s a lie that assassinations are down”

“Despite the fact that federal authorities have made reference on several occasions that the volume of homicides is on its way down, numbers demonstrate that, in comparison with last year, there really is an increase of 60 percent in the number of victims.”

Up until last night (Mon. 17th) there have been 972 assassinations in Juarez and the adjoining Juarez Valley, while during the same period in 2009, the number of persons murdered was 606. Last weekend was the month’s most violent; there were 32 homicide victims. But two separate weekends in January of this year recorded 42 and 43 assassinations.


– end of report –

One Response to “Legal battle against Arizona’s law could become complicated”

  1. Leif Donndelinger Says:

    Hi there could I reference some of the material here in this blog if I reference you with a link back to your site?

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