Resolution to Enforce Our Immigration Laws and Secure Our Border Exposed

The Resolution to Enforce Our Immigration Laws and Secure Our Border is listed under ALEC's Public Safety and Elections Task Force. There is no adoption date given or approval information available. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This Resolution describes the ALEC anti-immigration approach and provides questionable constitutional justifications for its policy resolutions. Article I, Section 8 of the U.S. Constitution grants the federal government exclusive and express authority to establish uniform federal laws regarding immigration to the United States. As justification for localized enforcement of immigration laws, this Resolution asserts that states are "bound by the Supremacy Clause" to enforce federal law (even though in the ALEC "federalism" resolutions disdain is expressed for the idea of states enforcing federal regulations). This Resolution misinterprets Section 8's expressly enumerated grant of power to federal government, not the states. Similarly, the Supremacy Clause makes federal laws passed pursuant to the U.S. Constitution the "supreme law of the land", but does not in any way suggest that states are "bound" to enforce that law; on the contrary, it has long been understood that the federal government not only establishes immigration law, but chooses how to allocate limited federal resources in enforcing it. This Resolution also advocates "putting the national guard in a primary role on the border." another usurpation of federal authority. Federal Border Patrol and Immigration and Customs Enforcement officers are tasked with enforcing federal law at the border, not the state-governed National Guard.

ALEC Resolution Text

Summary

This resolution calls on the State of [insert state] to enforce immigration laws and end sanctuary policies. This resolution calls on law enforcement officers to execute their authority to arrest any person guilty of hiring, harboring, or transporting illegal immigrants and to turn over illegal immigrants to federal authorities for removal from the United States.

Model Resolution

WHEREAS, the citizens of the State of [insert state] demand the enforcement of immigration laws and an end to “Catch and Release Policies” known as sanctuary policies; and

WHEREAS, "If it be asked, what is the most sacred duty and the greatest source of our security in a Republic? The answer would be an inviolable respect for the Constitution and Laws" — Alexander Hamilton; and

WHEREAS, we recognize states inherent authority to enforce immigration laws; and

WHEREAS, Congress has firmly established that there is a significant public interest in the effective enforcement of immigration law. Congress could have chosen to limit local enforcement pursuant to its plenary power over immigration, but it has not done so. In the absence of a limitation on local enforcement powers, the states are bound by the Supremacy Clause of the United States' Constitution to enforce violations of the federal immigration laws. "The statutory law of the United States is part of the law of each state just as if it were written into state statutory law." States do not need a 287g, or a permission slip from the federal government to arrest illegal aliens. The 287g program goes beyond the arrest powers as states already have inherent authority to make arrests, 287g is for post arrest, not a permission slip to enforce the laws and nothing to do with authority for arrest; and

WHEREAS, 8 USC Sec. 1325 makes it a crime to enter or remain in the U.S; and

WHEREAS, 8 USC Sec. 1324 makes it illegal to hire an illegal alien; and

WHEREAS, 8 USC Sec. 1644 makes it illegal to restrict or prohibit an officer from enforcing immigration laws, ("No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section"); and WHEREAS, any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by: 10 years in prison, $2000 fine per illegal alien, and forfeiture of the vehicle or property used to commit the crime; and

WHEREAS, All officers whose duty it is to enforce criminal laws shall 35 have authority to make arrests for a violation of any provision of this section, (affirmed US v Perez-Gonzalez 2002 Fed App 0360, 6th Circ.); and

THEREFORE, BE IT RESOLVED that the State of [insert state]:

1. Establishes that there is a significant public interest in the effective enforcement of immigration law & the states are bound by the Supremacy Clause of the United States' Constitution to enforce violations of the federal immigration laws:

2. The illegal alien invasion has a corresponding increase in violent crimes, gangs, threat to public health, billions in cost to the taxpayer, jobs taken from Americans; and

3. Demands the elimination of all sanctuary policies in the State of [insert state] and require the enforcement of our immigration laws & require law enforcement to turn over to federal authorities for removal from the United States all illegal aliens & where necessary tried and punished for criminal activity before removal.

4. Require state officials to take action that would secure the United States – Mexico border including putting the National Guard in a primary role on the border.

5. That all agencies and employers ensure compliance with all federal and state laws and regulations related to the immigration status of all employees.