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After the wall goes up what is your immigration reform

It’s not my primary motivation.

Breaching a national border is a crime. The executive branch is obligated to enforce federal law. To hit stonewalls by local activist authorities in this circumstance should be illegal in my opinion. I’m not sure why you are dismantling an entire stance on states rights because I believe this is different than every example you’ve listed. If a lawyer or priest or anyone with a confidentiality agreement participates in harboring a criminal that’s a crime. If a sheriff or law enforcement does it it should be a felony.

If someone performing a background check finds a criminal with warrants, and when the authorities seek info then they tell authorities “I don’t think I’ll help with this investigation” they would be arrested wouldn’t they?

No. They would not.

Again. What you are calling “harboring” AIN’T harboring by any legal definition.
 
Yes they should until they do a states congress convention or whatever the hell it is to override the feds.

Marijuana is illegal federally. Until that changes or they give that power to the states then the federal government is picking and choosing what they enforce.

What if oklahoma made the age of consent 7 years old?

Then you ain’t a states’ rights guy.

You’re just NOT.

As to your ridiculous hypothetical of any absolute impossibility that will never happen....if the states made the age of consent 7 years old, there are federal laws that the federal authorities could enforce and investigate in the state and I still would be a states’ rights guy that says the state and local police shouldn’t be coerced into being involved in.
 
Then you ain’t a states’ rights guy.

You’re just NOT.

As to your ridiculous hypothetical of any absolute impossibility that will never happen....if the states made the age of consent 7 years old, there are federal laws that the federal authorities could enforce and investigate in the state and I still would be a states’ rights guy that says the state and local police shouldn’t be coerced into being involved in.


Wow
 
Wow yourself.

In your impossible hypothetical, I would be ALL for: 1. Feds dedicating massive resources to pursuing such investigations, 2. Local and state authorities VOLUNTARILY assisting in such investigations, and 3. Voting out each and every scumbag state legislator that voted for such a law.

What if the Feds decided the age of consent was 30....you still good with state and local police being coerced into arresting and detaining all the sudden “child molesters” and cooperating with investigations and such?
 
Wow yourself.

What if the Feds decided the age of consent was 30....you still good with state and local police being coerced into arresting and detaining all the sudden “child molesters” and cooperating with investigations and such?

Yea. I assume there would be a form of punishment for withholding information from federal authorities no matter how culturally or morally disagreeable the law seems.
 
Yea. I assume there would be a form of punishment for withholding information from federal authorities no matter how culturally or morally disagreeable the law seems.

Then you ain’t ANYWHERE CLOSE to a states’ rights guy.

In fact, you are basically the exact opposite.
 
Would you like me to break down the contrast of the supremacy clause versus the Tenth amendment anti-commandeering doctrine???
 
Would you like me to break down the contrast of the supremacy clause versus the Tenth amendment anti-commandeering doctrine???

Without googling?

I would LOVE for you to do so.

Maybe within the context of school desegregation in light of Brown v Board of Education.
 
Then you ain’t ANYWHERE CLOSE to a states’ rights guy.

In fact, you are basically the exact opposite.


So if I’m 90% of the time a states rights guy, i make an exception based on my view of how people fall under the jurisdiction of federal authorities I’m now the opposite of a states rights guy.

I have these kind of debates with my mom.

The federal government should grant the states the right to legalize marijuana. It should and has granted the right to set the age of consent. It’s different all over the US. They should not and have not left the idea of protecting illegals entering our borders up to the states.
 
So if I’m 90% of the time a states rights guy, i make an exception based on my view of how people fall under the jurisdiction of federal authorities I’m now the opposite of a states rights guy.

I have these kind of debates with my mom.

The federal government should grant the states the right to legalize marijuana. It should and has granted the right to set the age of consent. It’s different all over the US. They should not and have not left the idea of protecting illegals entering our borders up to the states.

In every situation we have discussed, you have advocated the states being compelled to cooperate in the enforcement of federal law.

That is the opposite of states’ rights.

You fundamentally misunderstand the concept of dual sovereignty/federalism and the use of the Supremacy clause.
 
In every situation we have discussed, you have advocated the states being compelled to cooperate in the enforcement of federal law.

That is the opposite of states’ rights.

You fundamentally misunderstand the concept of dual sovereignty/federalism and the use of the Supremacy clause.

You didn’t answer my word problem earlier. Clarify with what I can get away with as a citizen in regards to questioning by federal agent?

What if the illegal is a Muslim radical on a no fly list. The fbi asks a sheriffs office where their last known address is. That could be refused by a Muslim sheriff?? That’s how the constitution is written? If so it’s wrong.
 
You didn’t answer my word problem earlier. Clarify with what I can get away with as a citizen in regards to questioning by federal agent?

What if the illegal is a Muslim radical on a no fly list. The fbi asks a sheriffs office where their last known address is. That could be refused by a Muslim sheriff?? That’s how the constitution is written? If so it’s wrong.

What word problem?

I’m not here to give a class in Constitutional law.

What can you get away with as a citizen in regards to questioning by a federal agent? You can refuse to BE questioned by a federal agent. You can exercise you right to remains silent. You can refuse to voluntarily go with them to be interviewed.

That can be refused by a Muslim....Buddhist....Christian....atheist Sheriff. That’s exactly how the Constitution is written. And it’s right.
 
What word problem?

I’m not here to give a class in Constitutional law.

What can you get away with as a citizen in regards to questioning by a federal agent? You can refuse to BE questioned by a federal agent. You can exercise you right to remains silent. You can refuse to voluntarily go with them to be interviewed.

And then what happens?
 
This word question?

So if I’m 90% of the time a states rights guy, i make an exception based on my view of how people fall under the jurisdiction of federal authorities I’m now the opposite of a states rights guy.

When your view of how people fall under the jurisdiction of federal authorities is that the Feds can compel cooperation, your “exception” swallows the entire concept of states’ rights and you aren’t a states rights guy any percent of the time.

And then what happens?

What do you mean what happens?

The Feds check their own records and find his address....and if they can’t find an address on their own...he doesn’t get found, I guess.

If an individual citizen refuses to be questioned, one of two things happens:

1. If they don’t have enough evidence against you to establish probable cause that you committed a crime, they say thank you very much and leave.

2. If they have sufficient independent evidence to establish probable cause, they may arrest you.
 
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This question:


If I’m a citizen in Oklahoma and the fbi knocks on my door and wants information on anyone I know who would be in possession of marijuana. I know ten people with over 1oz a piece. Five have med cards and five don’t. What is the fewest number of names that I would have to give up in order to shut the door and go about my business?
 
This word question?



When your view of how people fall under the jurisdiction of federal authorities is that the Feds can compel cooperation, your “exception” swallows the entire concept of states’ rights and you aren’t a states rights guy any percent of the time.



What do you mean what happens?

The Feds check their own records and find his address....and if they can find an address on their own...he doesn’t get found, I guess.

There’s no punishment for refusing to participate in a federal investigation if they know I’m withholding information about the suspect?
 
This question:


If I’m a citizen in Oklahoma and the fbi knocks on my door and wants information on anyone I know who would be in possession of marijuana. I know ten people with over 1oz a piece. Five have med cards and five don’t. What is the fewest number of names that I would have to give up in order to shut the door and go about my business?

Zero.

You tell them you are not interested in talking to them, and they’re gonna leave. Hell, you don’t even have to answer your door.

It’s NOT a crime to not talk to the FBI. It is a crime to lie to them if you do.
 
There’s no punishment for refusing to participate in a federal investigation if they know I’m withholding information about the suspect?

Nope.

And if there was, you would be in an custodial interrogation situation and Miranda rights would apply....which includes the right to remain silent.

Now if they know you have records reflecting a crime by someone, and they can establish probable cause ...they can get a search warrant.
 
The FBI aren’t exempt from the 4th Amendment or the self incrimination clause of the 5th.
 
There’s no punishment for refusing to participate in a federal investigation if they know I’m withholding information about the suspect?
Your response should be:
I'd like to consult with my attorney prior to answering any questions. Can I get your contact information and I'll have him/her contact you. Thank you.

If they press the issue further (they shouldn't after your initial reply).. your next statement should be, "Am I free to go?"
 
Your response should be:
I'd like to consult with my attorney prior to answering any questions. Can I get your contact information and I'll have him/her contact you. Thank you.

If they press the issue further (they shouldn't after your initial reply).. your next statement should be, "Am I free to go?"

I would start with:

“Am I being detained”?

If the answer is no....”I don’t want to talk to you, thanks. Goodbye.”

If the answer is yes...”I would like to exercise my right to remain silent and consult with a lawyer.”
 
Nope.

And if there was, you would be in an custodial interrogation situation and Miranda rights would apply....which includes the right to remain silent.

Now if they know you have records reflecting a crime by someone, and they can establish probable cause ...they can get a search warrant.

Someone existing in America illegally is committing a crime.

The sheriff has record of the last contact. Can local law enforcement offices be searched by the feds with a search warrant?
 
I would start with:

“Am I being detained”?

If the answer is no....”I don’t want to talk to you, thanks. Goodbye.”

If the answer is yes...”I would like to exercise my right to remain silent and consult with a lawyer.”
Okay, order of operations is important.
 
After a quick google it seems there are grey areas to this. Mostly toward the bottom.

https://corporate.findlaw.com/litig...il-under-18-u-s-c-section-1001-for-lying.html

Sigh....Harry, I already said...

Zero.

You tell them you are not interested in talking to them, and they’re gonna leave. Hell, you don’t even have to answer your door.

It’s NOT a crime to not talk to the FBI. It is a crime to lie to them if you do.

It’s not gray...it’s black and white.
 
Yea but at the bottom it says certain people can be subpoenaed to talk or face fines and penalty.

Read it again....

“If the prosecutor responds to your declination by serving you with a grand jury subpoena, this will present you with an interesting range of options such as: 1) testifying; 2) refusing to testify, by invoking the Fifth Amendment privilege against self-incrimination, which broadly applies to anyone , innocent or guilty, facing criminal exposure; 3) testifying (or talking to the government) only after receiving a grant of immunity; or 4) proffering to the government that is, giving them a sneak preview of what you will tell them if they agree to grant you immunity. The important thing to remember is that declining to speak to the agent in the first place buys you time in which to weigh these alternative strategies with your white-collar criminal defense attorney.”

In every single one of those situations, YOUR criminal prosecution exposure would have to be immunized first.
 
Here is the other one.

There are some instances in which you may effectively be forced to interview with law enforcement agents. If you are an employee of the government and you are assured that an inquiry is administrative only and that your interview will not result in any criminal action against you, you will usually be required, in order to keep your job, to submit to the interview. Furthermore, a private employer can require you to cooperate with a law enforcement or regulatory investigation as a condition of continued employment. If you are an officer or director of a company that operates in a regulated industry or does business with the federal government, your failure to submit to questioning by regulatory officials may result in significant economic sanctions against you or your company by the United States. But even in the above situations, you should avoid substantive conversations when law enforcement agents make surprise visits. If you have to submit to an interview, it is far better to do so after careful consultation with your attorney.

None of these are applicable to the hypothetical you posed.

None of these are criminal penalties either.
 
Read it again....

“If the prosecutor responds to your declination by serving you with a grand jury subpoena, this will present you with an interesting range of options such as: 1) testifying; 2) refusing to testify, by invoking the Fifth Amendment privilege against self-incrimination, which broadly applies to anyone , innocent or guilty, facing criminal exposure; 3) testifying (or talking to the government) only after receiving a grant of immunity; or 4) proffering to the government that is, giving them a sneak preview of what you will tell them if they agree to grant you immunity. The important thing to remember is that declining to speak to the agent in the first place buys you time in which to weigh these alternative strategies with your white-collar criminal defense attorney.”

In every single one of those situations, YOUR criminal prosecution exposure would have to be immunized first.

What are the rash of state laws talking about limiting cooperation with federal law enforcement?

I still think the person refusing the info is actively participating in hiding a criminal and should be arrested.
 
Someone existing in America illegally is committing a crime.

The sheriff has record of the last contact. Can local law enforcement offices be searched by the feds with a search warrant?

If the Feds can meet the probable cause requirement that the records are evidence establishing the commission of a crime, yes.

I’m not so sure that mere address records do that.

As a practical matter, the Feds would never do that. As a practical matter, it is HIGHLY unlikely a judge would sign such a warrant. As a practical matter, the Feds have more location information available to them than locals do. You’re chasing your own tail.
 
What are the rash of state laws talking about limiting cooperation with federal law enforcement?

I still think the person refusing the info is actively participating in hiding a criminal and should be arrested.

Are you drinking? Your first sentence makes no sense.

You’re wrong if you think that...dead wrong. That meets absolutely no legal definition of harboring a fugitive.
 
Pass a law that bans the TV show 90 Day Fiance. Make sequels punishable by death.

Medic I agree.....that show is so much BS it’s painful. Although I still have a soft spot for the Owasso boy (OSU grad) that married the giant hootered Columbian.

First off you don’t just magically apply for and receive a K-90 visa and once you get it you have 90 days to use the visa to enter the US and then 90 days to get married.

Before your fiancée can enter the US he/she undergoes a very thorough physical in their native country to make sure they don’t have TB, AIDS, STD’s and any other number of maladies.

It costs lots of money and there are numerous forms to fill out. If you blow one letter or one number on the form, it’s another $450 USD to re-submit the form. I hired a lawyer to get us through the process and think the final tally is going to be north of $6,000 USD. Course for me I’m way luckier than I deserve to be with my awesome Brazilian wife, know a couple others that want America husbands and they are both dam hot - one is on the military and the other is an engineer. My fees are very reasonable:).

After you get married (if you do) you apply to convert the K-90 to a 2 year visa with conditions. If memory serves me correctly that was another $845 USD. At anytime during that two years if the immigrant breaks the law or goes on public assistance they can be deported (if there is spousal abuse they are not deported). You also are given a green card & SSN once the K-90 is converted.

After 18 months on the visa with conditions you apply for a 10 year visa with no conditions. Basically you now can become a US Citizen by taking the Naturalization Test. I think the cost for the test now I’d around $745 in all, because as with all the other applications it includes a biometric test which you have to drive to OKC to do.

That show left off so many details.....except for skeptical parents. The episode that finally killed it for us was the one with the very large Ohio women and the Muslim dude from Morocco.
 
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