General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy is it ok to selectively choose what laws to enforce?
Last edited Thu Sep 3, 2015, 05:31 PM - Edit history (1)
I laud and approve of the judge's decision to have the Kentucky clerk sent to jail for breaking the law.
However, it brought up a question in my mind that I haven't been able to formulate a reasonable answer to.
It is just as illegal to enter this country without properly going through the established immigration procedures.
Yet, the vast majority of people on this board don't advocate applying the same standard to this law which is being violated.
If we are going to proclaim ourselves to be a nation of laws, to be taken seriously don't we need to enforce all laws and not just some based on what we feel like?
nichomachus
(12,754 posts)It's an administrative matter. People who don't have papers are not "illegal." They are not criminals. They are undocumented. That's all.
But thanks for playing.
StrongBad
(2,100 posts)Section 1325 in Title 8 of the United States Code, "Improper entry of alien", provides for a fine, imprisonment, or both for any noncitizen who
enters or attempts to enter the United States at any time or place other than as designated by immigration agents, or
eludes examination or inspection by immigration agents, or
attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact.
Try again.
StrongBad
(2,100 posts)arcane1
(38,613 posts)If they are catching people sneaking across the border and not stopping them, that's news to me!
StrongBad
(2,100 posts)arcane1
(38,613 posts)ananda
(35,141 posts)That is just wrong on so many levels to think of another
as "illegal."
Undocumented .. OK.
still_one
(98,883 posts)StrongBad
(2,100 posts)Humans aren't illegal but their actions are. No time for being pedantic.
Prior to the Supreme Court's decision on same-sex marriage many states -- and the United States -- declined to enforce laws that banned same-sex marriage.
geek tragedy
(68,868 posts)Contempt of court is different than not having immigration papers.
StrongBad
(2,100 posts)Why are only some violations of law being enforced?
https://www.law.cornell.edu/uscode/text/8/1325
geek tragedy
(68,868 posts)
StrongBad
(2,100 posts)geek tragedy
(68,868 posts)to prove TRUMP IS RIGHT DEPORT ALL THE ILLEGALZ ERMIGOD MAKE AMERICA GREAT FOR REAL WHITE AMERICANS.
But, you and your fellow xenophobes are full of shit.
Yes, if you bust someone crossing the border illegally, you can charge them with a crime. But most often they just repatriate them since it's a really awful way to use scarce enforcement resources to jail and prosecute them.
But, illegal presence is not a crime.
StrongBad
(2,100 posts)Classes of Deportable Aliens
Any alien that is in the United States may be subject to deportation or removal if he or she:
Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;
Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;
Violated nonimmigrant status or a condition of entry into the U.S.;
Terminated a conditional permanent residence;
Encouraged or aided any other alien to enter the U.S. illegally;
Engaged in marriage fraud to gain admission to the U.S.;
Was convicted of certain criminal offenses;
Failed to register or falsified documents relating to entry in to the U.S.;
Engaged in any activity that endangers public safety or creates a risk of national security; or
Engaged in unlawful voting.
- See more at: http://immigration.findlaw.com/deportation-removal/deportation.html#sthash.RuFZ07G4.dpuf
geek tragedy
(68,868 posts)Oy.
Now I know how Donald Trump is doing so well in the polls.
Last word is yours.
StrongBad
(2,100 posts)Way to employ the time honored trick of diverting attention from the fact that you're getting destroyed factually and logically by focusing on a minor quibble in definition.
jberryhill
(62,444 posts)The KY clerk's refusal was an infringement of other people's rights.
Not enforcing a criminal law against someone is not an infringement of anyone's rights. That's the normal exercise of prosecutorial discretion.
StrongBad
(2,100 posts)So that argument doesn't work.
https://www.law.cornell.edu/uscode/text/8/1325
jberryhill
(62,444 posts)This clerk has not been punished for any criminal act at all.
What we have here is a civil rights lawsuit brought by private parties against the clerk for violation of their rights. The court ordered the clerk to allow her office to issue marriage licenses. The clerk refused that court order, and she is in custody for contempt until she agrees to follow the order and allow her deputies to issue licenses, resigns, or her term expires.
If my neighbor commits a crime of some kind, and is not prosecuted for it. That is not a violation of my civil rights whatsoever.
You do not have an individual right to the enforcement of criminal laws against other people. You can sue any individual who injures you, and you can sue a public official who violates YOUR rights.
Your argument reflects a juvenile understanding of individual rights and law.
StrongBad
(2,100 posts)And breaking the law even if it does not violate personal rights, can violate the ordinances of the state, and the state does have the right to put laws on the books and enforce them.
So, if there are laws on the books, and they are violated, why are some ok to enforce and others not? It doesn't matter that one is a violation of the state and the other of the individual. They are still laws and need to be enforced or changed.
RichVRichV
(885 posts)Law enforcement doesn't have unlimited resources to enforce all laws. Plus some laws (especially on local level) are down right rediculous. I read on here a while back where a town or county went through and cleared a bunch of really old unenforced laws out, such as spitting in public or a man not tipping his hat to a woman.
It's easy to say enforce or change the laws but those are handled by completely different branches. The executive branch is responsible for enforcing laws and the legislative branch is responsible for changing them. Getting those two to coordinate can be impossible at times, as I'm sure you're aware.
As was pointed out, in a world of limited resources, violations that harm others get priortized over violations that don't.
geek tragedy
(68,868 posts)And why is that preferable to just sending them back to their home country?
StrongBad
(2,100 posts)No problems there.
geek tragedy
(68,868 posts)get sent back.
So you admit that the law is being enforced.
StrongBad
(2,100 posts)uppityperson
(116,020 posts)StrongBad
(2,100 posts)...and shouldn't be opposed to more resources being diverted to their enforcement.
Now if you don't agree with the law, you can work to change it, but that's a whole other story.
uppityperson
(116,020 posts)It's ok, in your opinion, to work to change bad laws, but in the meantime don't oppose more resources being diverted to their enforcement?
Is this what you are saying. I am trying to clarify what you mean, thank you.
StrongBad
(2,100 posts)If you accept a law is a law, you should accept that violators will be prosecuted and resources will be diverted to said prosecution.
But if you don't like that law, you're free to try and change it.
uppityperson
(116,020 posts)"shouldn't be opposed to more resources being diverted to their enforcement"
And now
" should accept that violators will be prosecuted and resources will be diverted to said prosecution"
StrongBad
(2,100 posts)uppityperson
(116,020 posts)these.
"shouldn't be opposed to more resources being diverted to their enforcement"
vs
" should accept that violators will be prosecuted and resources will be diverted to said prosecution" .
I accept that people who break the law may be prosecuted. I oppose more resources being diverted to unjust laws.
fishwax
(29,346 posts)NutmegYankee
(16,478 posts)Maedhros
(10,007 posts)I think you may be lost.
/bye.
StrongBad
(2,100 posts)So, I'll have to assume by your purely emotional reaction that you have no answer.
https://www.law.cornell.edu/uscode/text/8/1325
dumbcat
(2,160 posts)nt
StrongBad
(2,100 posts)Sounds like a recipe for societal breakdown.
I think I'll go murder someone today because I think it's a "bad law". Thanks for giving me clearance!
jberryhill
(62,444 posts)It will, however, be up to the prosecutor in your area whether your case is worth prosecuting. In all likelihood, if there is sufficient evidence to convict, then you will be prosecuted.
You are making a false analogy.
The proceeding here is a civil suit brought by the plaintiffs against a public official who has violated their rights. It has nothing whatsoever to do with enforcement of any criminal law whatsoever.
StrongBad
(2,100 posts)The state is a legal entity that is allowed to draft and enforce laws on behalf of itself. So, why should they not be enforced just like laws guiding individual rights?
jberryhill
(62,444 posts)If someone does something to me, I can decide whether to sue them or not. I am not compelled to do so. Even using your broken analogy, there is no affirmative obligation on the part of the government to prosecute every criminal. In the private context, there is no affirmative obligation on your part to sue everyone against whom you may have a cause of action.
Again, you don't seem to understand the doctrine of prosecutorial discretion.
What happened today in Kentucky was not an enforcement of a criminal law. It was enforcement of a court order against a specific individual in a civil case. So, it's not at all clear what point you are attempting to make.
StrongBad
(2,100 posts)Last edited Thu Sep 3, 2015, 05:33 PM - Edit history (1)
But the point of this convo is to figure out why some find it so reprehensible if it does?
dumbcat
(2,160 posts)I'll decide for me. You do as you see fit. I believe in choice.
branford
(4,462 posts)to enforce certain immigration laws also support the many sheriffs and police departments who refuse to enforce certain gun control regulations like those in New York.
Simply, who decides which laws are "good" and "bad?" I certainly have my preferences, and they are likely shared by you and most others here in DU. However, it's rarely a true matter of ideological consistency concerning the nature of governance, and when we next have a Republican president, I anticipate the posts on DU will look much different than today.
dumbcat
(2,160 posts)and I agree with your anticipation.
I will decide for me. Others may decide for themselves.
branford
(4,462 posts)However, if we concede that our leaders can pick and choose what laws deserve enforcement, rather than seeking the repeal or amendment of "bad" laws, we shouldn't be surprised when our opposition inevitably does the same.
For instance, could you imagine the reaction if a Republican president decided not to enforce federal laws protecting abortion clinics in order to purportedly stop the "murder" of "children?" While I would be saddened and enraged at such a policy, I would not be surprised and have little intellectual recourse challenge such authority. The "slippery slope" is a very dangerous thing in politics.
geek tragedy
(68,868 posts)You finally resurfaced!
http://www.democraticunderground.com/?com=view_post&forum=1134&pid=93286
will have given numerous standing ovations to Bibi, as will virtually all other Congressman and Senators.
If you've read other articles, Pelosi also primarily complains that Boehner did not coordinate Bibi's trip with the White House, rather than objecting to trip and speech itself, and she took her time to issue any statements, probably because the White House had to plead their case to avoid further embarrassment.
In any event, speech or no speech, neither Pelosi, Obama or any other notable Democrat has taken the less than unequivocal pro-Israel positions espoused you and others in this thread and sub-forum.
http://www.democraticunderground.com/?com=view_post&forum=1134&pid=93291
with Bibi so close to Israeli elections.
Are you also seriously suggesting that Pelosi will not warmly welcome Bibi once he arrives and congratulate him on his speech? Pelosi, probably due to pleading from the White House, is simply engaged in some damage control for the president.
Bibi doesn't need to meet with Obama, as his speech will be sufficiently newsworthy by itself. However, the absence of a presidential meeting will no doubt be part of story, and give it greater prominence in the news cycle.
Most importantly, what other major elected Democrats have complained about the speech, and can you cite to anything that demonstrates that Pelosi's extremely strong pro-Israel bona fides are now in doubt and she's adopting even a sliver of your viewpoint?
If your great victory on this matter is highlighting how Pelosi would have preferred Boehner and Bibi to have coordinated with the White House, effectively so Democrats could have received as much positive political pr as the Republicans, I can assure you that I and the majority of pro-Israel Americans, including a majority of Democrats, will sleep soundly.
branford
(4,462 posts)Would you care to address my post on the topic in the thread?
geek tragedy
(68,868 posts)arresting terrorists is a higher priority than arresting medical marijuana users, for example.
Presumably you, unlike some posting in this thread, are smart enough to realize that.
branford
(4,462 posts)and agree with the president's current immigration policy decisions. We are not generally in disagreement about this matter.
However, I acknowledge that such broad exercise of such discretion, with tremendous national political and social implications, will inevitably and unsurprisingly justify politicians we both loathe refusing to enforce laws we believe are essential to progressive ideals.
geek tragedy
(68,868 posts)in the case of immigration, congress has refused to authorize sufficient resources to enforce and implement the laws on the books
branford
(4,462 posts)or discretion if Congress chooses not to act according to his (or our) wishes. In fact, the president's reasons for exercising his discretion are largely irrelevant as a matter of law (although issues do exist as indicated by the district court injunction staying much of the president's policy on undocumented immigrants who came here as children), and it will sadly be the same for conservative executives in the country.
Make7
(8,550 posts)"... in Memphis, Tennessee, women can't drive a car unless there is a man with a red flag in front of the car warning the other people on the road."
KamaAina
(78,249 posts)Until then...
StrongBad
(2,100 posts)The issue at hand is why are we advocating as a party (in general) that it's ok to prosecute some violations of law and not others?
geek tragedy
(68,868 posts)Learn your basic legal concepts before making trying to make idiotic arguments like this
StrongBad
(2,100 posts)My concepts are in line. Thanks for your concern and your funny attempt at the mental gymnastics required to accept this cognitive dissonance.
geek tragedy
(68,868 posts)xenophobes.
"being in the country illegally" is not a criminal offense. If you are not intelligent enough to understand the difference between an act being criminal and a status being a crime, you really should recuse yourself from discussing anything other than the weather.
StrongBad
(2,100 posts)Classes of Deportable Aliens
Any alien that is in the United States may be subject to deportation or removal if he or she:
Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;
Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;
Violated nonimmigrant status or a condition of entry into the U.S.;
Terminated a conditional permanent residence;
Encouraged or aided any other alien to enter the U.S. illegally;
Engaged in marriage fraud to gain admission to the U.S.;
Was convicted of certain criminal offenses;
Failed to register or falsified documents relating to entry in to the U.S.;
Engaged in any activity that endangers public safety or creates a risk of national security; or
Engaged in unlawful voting.
- See more at: http://immigration.findlaw.com/deportation-removal/deportation.html#sthash.RuFZ07G4.dpuf
geek tragedy
(68,868 posts)up and being put into mass concentration camps and cattle cars and being sent back to the border.
Because the concept of limited law enforcement resources is above your ability to comprehend.
There aren't enough law enforcement personnel, and offices, and detention facilities, to round up all 11 million undocumented immigrants.
There are better uses for such resources.
StrongBad
(2,100 posts)...would you be upset that the legal system wasn't enforcing the laws?
geek tragedy
(68,868 posts)jberryhill
(62,444 posts)I find that people who are most certain of their pet legal theories have, in general, never been anywhere near a law school.
StrongBad
(2,100 posts)PeaceNikki
(27,985 posts)branford
(4,462 posts)citing limited law enforcement resources and priorities. Do you believe they too have such discretion?
http://www.nytimes.com/2013/12/16/us/sheriffs-refuse-to-enforce-laws-on-gun-control.html
geek tragedy
(68,868 posts)cars to inspect magazine size
branford
(4,462 posts)PeaceNikki
(27,985 posts)WTF? She didn't just 'break the law'.
She defied a judges orders, is failing to do the job she was elected to do AND encroaching on the civil liberties of others.
StrongBad
(2,100 posts)My first line of this post clearly states I applaud the judge's decision.
PeaceNikki
(27,985 posts)StrongBad
(2,100 posts)A law is a law, so I'm waiting for justification on why some laws have more "lawiness" that others.
PeaceNikki
(27,985 posts)Are DU'ers just not pissed off about immigration enough for you? Are you upset that we are more interested in stopping this asshole from encroaching on the civil liberties of others than going door to door to demand papers be shown and round up all of the brown people who are bothering you?
It's a stupid fucking comparison and a stupid fucking thread.
What exactly are you trying to prove?
StrongBad
(2,100 posts)PeaceNikki
(27,985 posts)We get it. You're trying to make "us" Democrats look like hypocrites.
Whatever. Have fun with that.
StrongBad
(2,100 posts)PeaceNikki
(27,985 posts)StrongBad
(2,100 posts)Which was the first election I was eligible to vote.
I have some views which aren't popular on this board, so sometimes it results in threads like this.
PeaceNikki
(27,985 posts)And that is bullshit and trollish.
StrongBad
(2,100 posts)Do you really think everybody on here wants consistent enforcement of immigration law?
PeaceNikki
(27,985 posts)fishwax
(29,346 posts)Approving of civil disobedience in one instance does not require one to approve of civil disobedience in every instance. Doesn't that strike you as absurd?
StrongBad
(2,100 posts)Which means that you are ok with its enforcement.
fishwax
(29,346 posts)Supporting the arrest of this county clerk does not require us to also celebrate or support arrest in other cases of civil disobedience. Supporting enforcement of laws against murder does not require that we also support enforcement of every other law on the books. I don't understand the argument that support for one law requires some moral obligation to support every single law.
PeaceNikki
(27,985 posts)Facility Inspector
(615 posts)Sorry, fixed that for you.
LittleBlue
(10,362 posts)People twisting themselves into knots trying to justify one and hold on to their (contradictory) beliefs for the other.
You either believe in enforcing the law or you don't. Inconsistency is hypocrisy. And I see a few scrambling to portray the OP as right-wing for lack of any argument, nevermind the OP's join date of over 12 years here.
It is simple. We like one law but dislike another. Which is okay as long as you're not taking an ideological approach of "obey the law or else", which many have argued.
StrongBad
(2,100 posts)Admittedly, I have become a bit more conservative on some issues over my 12 years here, but I still am definitely a Democrat and will be voting as such in 2016.
BlueJazz
(25,348 posts)...chosen to ignore certain laws (Generally speaking). There's thousands of laws on the books that are ignored in this country...and that's probably a good thing.
Whether immigration laws are vastly ignored, that's a matter of personal choice.
I ignore them, if anybody cares..
JoePhilly
(27,787 posts)StrongBad
(2,100 posts)steve2470
(37,481 posts)Notice how the Republicans are not willing to increase the budget for ICE ?
Until that budget is increased by a huge percentage, there is absolutely no way to even approach 100% enforcement of the immigration laws.
It's like the traffic laws. They are NOT enforced 100% of the time, partially for budgetary reasons.
I think our taxpayer funds are better spent on other things besides deporting the undocumented workers who simply want to work.
joshcryer
(62,536 posts)To fully implement the absolute rule of the law with regards to immigration would require shock troops, nazi-style youth groups, whole nine yards. Literally holocaust level enforcement.
The law isn't being "ignored" it is simply impossible to enforce without becoming a totalitarian state.
To answer your question more clearly, though, it's clearly about right and wrong. I support marijuana legalization, the federal government doesn't. That doesn't make me inconsistent.
steve2470
(37,481 posts)Erich Bloodaxe BSN
(14,733 posts)If you want to proclaim we should enforce all laws, you're suggesting all laws are equally valid.
Law enforcement does not have infinite resources to expend upon policing criminal activity. Given the limits that exist, do you want them spending more time enforcing jaywalking laws and litter laws, to the detriment of investigating murders?
StrongBad
(2,100 posts)Can I apply for this position? Seems kinda rad.
Erich Bloodaxe BSN
(14,733 posts)Just be rich enough or politically connected, get other rich people to bankroll your campaign, and run for office! It's dead simple! (If you're the 'right' kind of person. If you're not, it's going to be a lot tougher.)
You can join in either at the front end or the back end. Run for a position where you right the laws and control the money that goes to enforcement, or for one that like 'sheriff', that lets you simply decide which laws to enforce and which to ignore.
discntnt_irny_srcsm
(18,764 posts)This country has had unjust, counterproductive and prejudicial laws for various time periods until the people undertook to work against them. Often that work has taken the form of civil disobedience. It hasn't always been protesters and civilians that exercised their option to disobey. Law enforcement and elected officials have participated.
I believe Ms Davis is wrong in her decision to not issue licenses but I still believe that is her decision to make and she justly risks CoC charges.
One_Life_To_Give
(6,036 posts)would create a traffic jam to make a Boston Olympic's seem like a ghost town.
Now the one declaring it Illegal to put Tomato into Clam Chowder does need more vigorous enforcement. While the Law prohibiting Native Americans in Boston was repealed a year or two ago.
randome
(34,845 posts)[hr][font color="blue"][center]I'm always right. When I'm wrong I admit it.
So then I'm right about being wrong.[/center][/font][hr]
StrongBad
(2,100 posts)prayin4rain
(2,065 posts)personal reasons. I'm not sure that people are upset so much because she broke the law. It's because she failed to perform the duties she is obligated to perform instead of resigning. The ethical thing to do would be to resign (or not be a bigot). Instead, she is abusing her governmental position to deny the public, that her office serves, their civic right to marry.
Then she defied a judge's direct order, which is more immediately jailable than breaking a law.
I don't think it's an apt comparison at all. She has every right as a private citizen to protest the law. She has every right as a private citizen to break laws until she's caught by an enforcement officer. She has no right to abuse her governmental authority.
B Calm
(28,762 posts)in states where the people voted to legalize?
branford
(4,462 posts)While I agree with the president's action on immigration, the "slippery slope" is indeed real, and we should not be surprised when conservative executives choose not to enforce laws we believe are necessary.
rock
(13,218 posts)County Court Clerk is an elected position. No need to send her to jail. She'll be enough of a burden on the taxpayers collect unemployment. No need to escalate it with the cost of jail.
StrongBad
(2,100 posts)branford
(4,462 posts)a Republican would likely be voted into office whose ideology doesn't differ much, if at all, from Davis.
Bad choices all around.
Rex
(65,616 posts)
StrongBad
(2,100 posts)Not sure of your post's relevance to the thread topic though.
Rex
(65,616 posts)Okay on topic...the laws are enforced to the best of the abilities of law enforcement...sorry if that is not what you want to hear. LEO enforce the laws and deport people they catch here illegally.
So your thread topic is not totally factual, laws to kick illegal immigrants out of the country are enforced each day.
Now if you really want to talk about a pick and choose law...why are we still gerrymandering voting districts? A clear violation of the law...yet lawmakers do it year after year after year. Why do they get away with it?
StrongBad
(2,100 posts)Rex
(65,616 posts)gratuitous
(82,849 posts)By some estimates, it would cost more than $100 billion to identify, apprehend, process and deport the 11 million people estimated to be here without benefit of official paperwork. If the United States could get through 100 people a day, every day, weekends and holidays included, it would take a little more than 300 years to cleanse the country.
People who run red lights and stop signs are also breaking the law, and some of them cause serious property damage, injury and death. Yet we rather selectively enforce that law even with those horrible consequences. Why aren't you advocating applying the same standard to traffic scofflaws as you are for so-called illegal immigrants? I'm a bicycle commuter at mortal risk every day from those traffic lawbreakers, but you're not thumping the tub for stricter enforcement and greater penalties: Why do you want me to get badly injured or killed?