In a previous post, I wrote “It is time for civil disobedience by the states.” The post was directly addressing Arizona’s immigration law.
Now, the Obama administration is stating that its problem with Arizona’s law is that it “actively interferes with federal law.” On the other hand, the Department of Justice has said it will not prosecute sanctuary cities because they are only passively ignoring federal law. The exact quote:
“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.”
Republican lawmakers immediately saw the problem with such an approach:
“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.”
Maybe there are individuals brave enough and crazy enough to test the DOJ’s new stance on not prosecuting those who passively ignore federal law, but the DOJ spokesperson actually said “state or locality,” not individuals, so the DOJ could still go after individual violators.
So I again call on the states to disobey the federal government. We can start with the many unfunded mandates the federal government imposes on the states, most especially the new ones that will appear as part of the recently passed health care reform.
If you are a governor who believes in liberty and the Constitution, please announce that your state will become a “sanctuary state” from socialized health care and will not enforce the new health care laws within your state.