Obama will not sue governments actively trying to thwart immigration laws

Washington Times:

The Obama administration said this week that there is no reason to sue so-called sanctuary cities for refusing to cooperate with federal authorities, whereas Arizona's new immigration law was singled out because it "actively interferes" with enforcement.

"There is a big difference between a state or locality saying they are not going to use their resources to enforce a federal law, as so-called sanctuary cities have done, and a state passing its own immigration policy that actively interferes with federal law," Tracy Schmaler, a spokeswoman for Attorney General Eric H. Holder Jr., told The Washington Times. "That's what Arizona did in this case."

But the author of the 1996 federal law that requires states and localities to cooperate says the administration is misreading it, and says drawing a distinction between sanctuary cities and Arizona is "flimsy justification" for suing the state.

"For the Justice Department to suggest that they won't take action against those who passively violate the law --who fail to comply with the law -- is absurd," said Rep. Lamar Smith of Texas, the ranking Republican on the House Judiciary Committee and chief author of the 1996 immigration law. "Will they ignore individuals who fail to pay taxes? Will they ignore banking laws that require disclosure of transactions over $10,000? Of course not."

...

This is the kind of admission that will have the appeals court judges snickering up their sleeves if they are not rolling in the aisles with laughter. You have the justice department saying that it is OK to actively thwart immigration law, but it is not OK to make it a crime to be here illegally. I know the voters also find this distinction laughable but it is not going to be funny for Democrats this fall.

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