Democrats push bill blocking ICE near polling places — despite clear constitutional conflict
Who's accountable for the results?
Virginia Democrats are pushing legislation that would prohibit federal immigration enforcement near polling places, a move Republicans say is unconstitutional and sets up a direct conflict with federal law governing the arrest and detention of illegal immigrants.
At issue is House Bill 1442, patroned by Del. Alfonso H. Lopez, D-Shirlington, which would bar "any person" from enforcing federal immigration laws within 40 feet of polling places, election board meetings or recount facilities — a restriction critics argue Virginia has no authority to impose on federal agents under the Constitution’s Supremacy Clause.
The bill from Lopez, who represents a deep-blue district just south of Washington, D.C., is one of several Democratic-backed measures targeting federal immigration enforcement since the party took full control of state government last month.
In an exclusive interview with Fox News Digital, House Minority Leader Terry Kilgore, R-Gate City, suggested the bill won’t hold legal water even if passed due to federal supremacy.
HOUSE OVERSIGHT PROBE PUTS MINNESOTA ELECTIONS UNDER SCRUTINY OVER NONCITIZEN VOTING CONCERNS
"Ignoring the obvious constitutional problem of having a state tell the federal government what it can do, this bill makes it clear that Democrats not only want illegal immigrants voting, Democrats think they’re already voting and want them to continue," Kilgore said.
The longtime lawmaker cited the Supremacy Clause of the Constitution, which declares federal statutes the "supreme law of the land" and maintains precedence over conflicting state laws that attempt to usurp federal authority.
In that regard, 8 U.S.C. § 1226 says an "alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States," while Section 287(a) — of which the oft-cited subsection 287(g) is a part — permits agents to "interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain in the United States."
Those two sections would run directly counter to Lopez’s bill.
When asked for a response to the legislation, a DHS spokesperson told Fox News Digital the agency is not planning any operations targeting polls — but said it’ll be business-as-usual if an individual illegal immigrant finds themselves near one.
"ICE conducts intelligence-driven targeted enforcement, and if a dangerous criminal alien is near a polling location, they may be arrested as a result of that targeted enforcement action," the spokesperson said.
Since Virginia Democratic Gov. Abigail Spanberger …
Who's accountable for the results?
Virginia Democrats are pushing legislation that would prohibit federal immigration enforcement near polling places, a move Republicans say is unconstitutional and sets up a direct conflict with federal law governing the arrest and detention of illegal immigrants.
At issue is House Bill 1442, patroned by Del. Alfonso H. Lopez, D-Shirlington, which would bar "any person" from enforcing federal immigration laws within 40 feet of polling places, election board meetings or recount facilities — a restriction critics argue Virginia has no authority to impose on federal agents under the Constitution’s Supremacy Clause.
The bill from Lopez, who represents a deep-blue district just south of Washington, D.C., is one of several Democratic-backed measures targeting federal immigration enforcement since the party took full control of state government last month.
In an exclusive interview with Fox News Digital, House Minority Leader Terry Kilgore, R-Gate City, suggested the bill won’t hold legal water even if passed due to federal supremacy.
HOUSE OVERSIGHT PROBE PUTS MINNESOTA ELECTIONS UNDER SCRUTINY OVER NONCITIZEN VOTING CONCERNS
"Ignoring the obvious constitutional problem of having a state tell the federal government what it can do, this bill makes it clear that Democrats not only want illegal immigrants voting, Democrats think they’re already voting and want them to continue," Kilgore said.
The longtime lawmaker cited the Supremacy Clause of the Constitution, which declares federal statutes the "supreme law of the land" and maintains precedence over conflicting state laws that attempt to usurp federal authority.
In that regard, 8 U.S.C. § 1226 says an "alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States," while Section 287(a) — of which the oft-cited subsection 287(g) is a part — permits agents to "interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain in the United States."
Those two sections would run directly counter to Lopez’s bill.
When asked for a response to the legislation, a DHS spokesperson told Fox News Digital the agency is not planning any operations targeting polls — but said it’ll be business-as-usual if an individual illegal immigrant finds themselves near one.
"ICE conducts intelligence-driven targeted enforcement, and if a dangerous criminal alien is near a polling location, they may be arrested as a result of that targeted enforcement action," the spokesperson said.
Since Virginia Democratic Gov. Abigail Spanberger …
Democrats push bill blocking ICE near polling places — despite clear constitutional conflict
Who's accountable for the results?
Virginia Democrats are pushing legislation that would prohibit federal immigration enforcement near polling places, a move Republicans say is unconstitutional and sets up a direct conflict with federal law governing the arrest and detention of illegal immigrants.
At issue is House Bill 1442, patroned by Del. Alfonso H. Lopez, D-Shirlington, which would bar "any person" from enforcing federal immigration laws within 40 feet of polling places, election board meetings or recount facilities — a restriction critics argue Virginia has no authority to impose on federal agents under the Constitution’s Supremacy Clause.
The bill from Lopez, who represents a deep-blue district just south of Washington, D.C., is one of several Democratic-backed measures targeting federal immigration enforcement since the party took full control of state government last month.
In an exclusive interview with Fox News Digital, House Minority Leader Terry Kilgore, R-Gate City, suggested the bill won’t hold legal water even if passed due to federal supremacy.
HOUSE OVERSIGHT PROBE PUTS MINNESOTA ELECTIONS UNDER SCRUTINY OVER NONCITIZEN VOTING CONCERNS
"Ignoring the obvious constitutional problem of having a state tell the federal government what it can do, this bill makes it clear that Democrats not only want illegal immigrants voting, Democrats think they’re already voting and want them to continue," Kilgore said.
The longtime lawmaker cited the Supremacy Clause of the Constitution, which declares federal statutes the "supreme law of the land" and maintains precedence over conflicting state laws that attempt to usurp federal authority.
In that regard, 8 U.S.C. § 1226 says an "alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States," while Section 287(a) — of which the oft-cited subsection 287(g) is a part — permits agents to "interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain in the United States."
Those two sections would run directly counter to Lopez’s bill.
When asked for a response to the legislation, a DHS spokesperson told Fox News Digital the agency is not planning any operations targeting polls — but said it’ll be business-as-usual if an individual illegal immigrant finds themselves near one.
"ICE conducts intelligence-driven targeted enforcement, and if a dangerous criminal alien is near a polling location, they may be arrested as a result of that targeted enforcement action," the spokesperson said.
Since Virginia Democratic Gov. Abigail Spanberger …
0 Comments
0 Shares
37 Views
0 Reviews