Right it is redundant. They had the right under Federal law. Just because they chose not to use it is meaningless. This was just a stunt by Desantis to try to get his name into the news feed and of course his supporters ate it up.
Andy
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What are you talking about? What federal law? Iâm not aware of any federal law that criminalizes the behavior that Florida has now criminalized. Do you have a link?
We thought for the last four decades it was the Republican businessmen that wanted to hire all the illegalsâŚand then guiltily beeaaaach about them.
The entire exercise is to back labor by excluding the illegals. That is why it was always the other side of the aisle would not do anything.
Sure Albaby,
For example, state and local law enforcement officers cannot arrest someone solely for illegal presence for the purpose of deporting them because it is a civil violation, but they can arrest someone for the criminal offense of entering the country illegally.21 To the degree that it is not preempted, the authority of state and local law enforcement officers to investigate and arrest for violations of federal law is determined by reference to state law.22 This may be done through express authorization in state law. However, this may not be necessary according to some recent decisions from the Tenth Circuit that appear to suggest that state and local law enforcement officers may possess âinherent authorityâ within their respective jurisdictions to investigate and make arrests for criminal immigration matters.
Enforcing Immigration Law: The Role of State and Local Law Enforcement - EveryCRSReport.com.
Andy
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This will help you also.
Subsection 1324(c) of Title 8 specifically authorizes state and local officers âwhose duty it is to enforce criminal lawsâ to make arrests for violations of 8 U.S.C. § 1324. There is also a general federal statute which authorizes certain local officials to make arrests for violations of federal statutes, 18 U.S.C. § 3041. The Fifth Circuit Court of Appeals has held that 18 U.S.C. § 3041 authorizes those local officials to issue process for the arrest, to be executed by law enforcement officers. See United States v. Bowdach, 561 F.2d 1160, 1168 (5th Cir. 1977).
Rule 4(a)(1) of the Federal Rules of Criminal Procedure provides that an arrest warrant âshall be executed by a marshal or by some other officer authorized by law.â The phrase, âsome other officer,â includes state and local officers. Bowdach, supra.
Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 added a new 8 U.S.C. § 1252c which provides that notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported and left the United States after such conviction, but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into federal custody for purposes of deporting or removing the alien from the United States.
Andy
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But thatâs different than what this law does. This law criminalizes âtraffickingâundocumented people. It is now a crime in Florida to transport undocumented folks into the state. They can arrest the people doing the transportation- not just the aliens themselves.
Thatâs what the statute did - and I donât believe federal law already provided for that. Are you aware of a preexisting statute that covered that?
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DeSantis is very late to this party. He is hoping anyone who does not follow the news keeps thinking the immigrants are coming in the millions.
ButâŚ/
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Just keep arresting DeathSanta over-and-over-and-overâŚagain (i.e. make him the object of his own desired law) on the basis he LOOKS like an illegal alien illegally brought into the US.
Leap, that would be good, because they actually are. From the CBP, encounters by fiscal year
2022-2023 (YTD) 1.8 million (3.1 annualized) 2021-2022 2.8 million 2020-2021 2.0 million
DB2
Really next to no one EXTRA has shown up at the border pretty much the same old flow.
My comment, we all need more labor in Mexico.
snippet
Essentially, migrants â and the network of smugglers along the route between countries of origin and the United States â are in âwait and seeâ mode. They are uncertain about what President Joe Bidenâs administrationâs tough-sounding new policies will mean for them. A new rule, called the âtransit ban,â is making it much harder for people to apply for asylum simply by turning themselves in to U.S. agents. (This new rule is already being challenged in court on the grounds that it is illegal.)
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I just showed you that is already the law. If you mean Sex trafficking that has is also against the law. As far as transporting that is against the law also.
** Federal Law Makes Transporting Undocumented Immigrants a Crime
A federal law does exist that makes it a crime to transport or attempt to transport an undocumented noncitizen within the U.S., but itâs meant to cover narrower situations than everyday situations like offering a ride. The law is found within the Immigration and Nationality Act (I.N.A.), at Section 274(a)(1)(A)(ii).**
Is it illegal to transport an undocumented immigrant within the U.S.? | Nolo.
So as you can see Albaby the Florida law is just a nothing burger meant to just stir up people and make Desantis look like he is doing something. This was a joke played on the people of Florida.
Andy
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Thanks, BNHID. Youâre absolutely correct - that activity is already criminalized by federal statute. The only effect of that provision of the Florida law (there are many others) will therefore be to allow Florida prosecutors to bring charges in state court if federal prosecutors decline to do so.
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Disagree. The mention of âimmigrationâ in any form or context is a red meat issue for the red meat base. It does not matter if Republican farmers or chicken-plucking factory owners want more legal immigration (and theyâre certainly not going to vote for Biden in any respect). The number of âI hate dem immigrantsâ in the GOP vastly outnumbers the factory owners anyway.
Legal or illegal, those boys blood boil when they see the signs in Home Depot in both English and Spanish. Thatâs why âbuild the wallâ was such a potent tactic, even if hopelessly foolish, expensive, and ineffective.
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A 14th century solution to a 21st century problem. Their problem was they wanted to take us back to the past so bad they were willing to build a wall and put a moat around it just to make themselves feel at home.
Andy
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No problem. I dare them to do it. Of course, they wonât. Because the easiest solution to the publicâs problem would be to stop ALL deliveries to their castleâno food, water, etc. Plus nobody allowed OUT. Problem solves itself very quickly.
There are two ways it might help Biden and democrats in general. The first is if getting tough on employers actual works and the border crisis goes away. Making the issue less visible has to help Biden. The second would be if scaring away illegal workers significantly damages the economy. Florida may not care, but agriculture is a much bigger player in swing states like GA and NC. Those folks might not like a GOP that is now seriously trying to eliminate all that cheap labor.
The wall is an easy thing to support because it doesnât really do anything. But actually prosecuting local business owners for hiring illegals or not using E-verify is a different kettle of fish.
It all depends on the execution. Will Florida actually prosecute a significant number of Florida business owners and farmers? If they do and it is enough to scare everyone else, then the impact could be huge. One change in the law is the it allows the Dept of Economic Opportunity to impose penalties when previously these immigration infractions went through law enforcement channels. I suspect this will make it easier to punish.
Last I read, Florida had 800,000 undocumented workers. If the new law is effective and these workers disappear, how many restaurants and construction companies will close down?
If it takes 6 months to schedule someone to do your roof and your favorite restaurant closes down and the local golf course doubles its green fees, will folks still think getting rid of the undocumented is a good idea? I wonder.
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Quibble - thatâs probably a little inflated. We have an undocumented population of about 775K:
âŚso we probably have around 400-450K or so undocumented workers, as a back of the envelope guess. Although thereâs huge uncertainty for both numbers, about 60% of the undocumented are in the labor force nationally, and about 4.4% of the national labor force is undocumented - which would put us in that range on the state level.
Still a lot of people. But even if the state starts to devote more resources to enforcement (which is no guarantee), obviously theyâre not going to get 100% compliance. If they visibly make a few examples and pull the ticket of some restaurants or hotels for non-compliance, they might change some behavior. But I donât know if it would be enough to materially drive up costs for those establishments across the economy; certainly not enough to double greens fees.
Itâs a lot inflated. Thanks for the correction.
Iâve seen reports that say that 10% of restaurant workers are undocumented with higher percentages in bigger cities. Tough to see how restaurants can adapt to a loss of undocumented workers with those kind of numbers.
Percentages are also in double figures for construction and of course agriculture. Seems pretty clear that Americans havenât been paying the true cost of food and housing for a long time.
Itâs an interesting question to see how much Americans are really willing to pay in higher living costs in order to have what some would call a secure border.
Think like a demagogue. Bellow about all the âwelfare layaboutsâ that arenât working. Howl about all the inmates in state prisons laying on their backsides. Blather about how children should be allowed to work more hours, at more jobs, to âlearn the dignity of workâ.
There are lots of ways to leverage a âshortageâ of illegal immigrant labor to achieve other objectives.
Ever see âCool Hand Lukeâ? Philosophically, I donât have a problem with chain gangs, but when the subject of using chain gangs to maintain the highway right of ways in Michigan came up a few decades ago, the howl went up âyou will take jobs away from honest peopleâ. Of course, there is little money for right of way maintenance âjobsâ, so the road boarders are distinctly overgrown and littered in Michigan.
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