Comment by themgt | Hacker News Reader

Comment by themgt | Hacker News Reader

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You're missing a major component of the strategy actually being pursued, which is worth understanding whether or not you support the policy:

U.S. Attorney Bill Essayli pulled together an all-star federal taskforce comprising agents from five federal law enforcement agencies—including ICE and the FBI—all working out of an office in Los Angeles. When an illegal alien with a prior deportation is inevitably arrested, upon identification and booking into the local jail, the taskforce seeks a federal criminal warrant—signed by a federal judge—for felony re-entry under 8 USC §1326.

By using available criminal databases to find illegal aliens who were arrested and jailed the day before, the team quickly learns of each new offender. Then, a federal warrant is served on local officials, who obviously won’t buck a federal judge’s warrant. That warrant requires local officials to hand over the illegal criminal alien to ICE.

The critical point is that reentry after having already been deported is a felony, and by getting a federal criminal warrant the government can legally force state and local compliance (which they cannot in a civil matter). That is the rule of law as it stands. It also sets up a dynamic of high-profile "heads I win tails you lose" fights with state & local officials who don't want to comply, providing grist for the base.

https://www.heritage.org/border-security/commentary/sanctuar...

Pretty much all illegal immigrant males 18-25 commit a felony by not registering for the draft. They are required to do so within 30 days of becoming eligible . You need a valid active visa to be exempted.

American citizens don't take draft registration seriously, so obviously nobody else does either. You could arrest millions for that.

They did until recently because you had to in order to file a FAFSA, and every student counselor told them they'd be living under a bridge drinking Steel Reserve if they didn't try to come up with aid for college.

No because a) "illegal immigrant" is not a term with a meaningful legal definition in the first place and b) Although sss.gov says undocumented immigrants need to register under their FAQ, their chart of acceptable documentation effectively excludes the exact population. https://www.sss.gov/wp-content/uploads/2020/02/Documentation...

But since those who entered without inspection have almost no way to show when they actually entered, full stop, and ICE doesn't actually have a comprehensive and reliable way of tracking the population that wouldn't run afoul of the Constitution, it's basically a violation that is effectively performative. The people this targets are not eligible for any benefits whatsoever on the federal level for themselves anyway (but still have to pay taxes) and cannot naturalize so there's no carrot and no viable stick. It's a rump piece of legislation.

a) Let's not be coy, I'm using the word as Cornell Law/LII and many lawyers use []. Illegal as they are here unlawfully. It's well understood in a legal context.

b) A chart does not trump law, and that chart appears to be for people older than 26, who don't need evidence they signed up for the draft. Or people who entered before 26 and have a reason why they'd be excluded. That chart isn't for evidence needed to submit to the draft, it's a way to show you didn't have to sign up.

I'm not talking about all undocumented immigrants (for instance, instances of foreign born perhaps female or otherwise draft exempt children that are born US citizens but never documented as such and enter the US without documentation), that's why I used illegal rather than undocumented which could be legal presence.

[] https://www.law.cornell.edu/wex/illegal_immigrant

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