North Carolina’s Illegal Immigration Law.
US - DOJ Goes After Arizona – But Not NC. Why?
A Commentary by J. D. Longstreet
US - DOJ Goes After Arizona – But Not NC. Why?
A Commentary by J. D. Longstreet
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Here in North Carolina, if you are arrested, charged, and incarcerated for impaired driving, or any felony, you will be asked to prove you are a citizen of the United States. If you cannot, ICE (or Homeland Security) will be contacted and queried concerning your case. That’s the law in the Tar Heel state. It has been for some time now.
Once the Feds have been contacted, and they determine that you are, indeed, an illegal alien, we can only hope (IF the Feds do their job,) you will be deported forthwith.
Here is the exact wording from the North Carolina General Statutes:
§ 162‑62. Legal status of prisoners.
(a) When any person charged with a felony or an impaired driving offense is confined for any period in a county jail, local confinement facility, district confinement facility, or satellite jail/work release unit, the administrator or other person in charge of the facility shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents, or both.
(b) If the administrator or other person in charge of the facility is unable to determine if that prisoner is a legal resident or citizen of the United States or its territories, the administrator or other person in charge of the facility holding the prisoner, where possible, shall make a query through the Division of Criminal Information (DCI) system to the Law Enforcement Support Center (LESC) of Immigration and Customs Enforcement of the United States Department of Homeland Security. If the LESC determines that the prisoner has not been lawfully admitted to the United States, the United States Department of Homeland Security will have been notified of the prisoner's status and confinement at the facility by its receipt of the DCI query from the facility.
(c) Nothing in this section shall be construed to deny bond to a prisoner or to prevent a prisoner from being released from confinement when that prisoner is otherwise eligible for release.
(d) The administrator or other person in charge of the facility shall annually report the number of queries performed under subsection (b) of this section and the results of those queries to the Governor's Crime Commission of the Department of Crime Control and Public Safety. The Governor's Crime Commission shall make the reports available to the public. (2007‑494, s. 1.)
It would appear the major difference between NC’s law and the Arizona law is that -- in NC a person must first be placed under arrest. In Arizona, if a police officer has legally stopped a person, the police officer MUST inquire as to that person’s immigration status. Here in NC, the law requires police officers to inquire as to the immigration status of ALL people who have been arrested and charged with a felony OR an impaired driving offense.
I have to ask: Why is the Obama Regime persecuting Arizona and not North Carolina, as well.
Ok, allow me to ask this: Is it because North Carolina’s female governor is an Obama Democrat and the North Carolina State Legislature is controlled, solidly, by Obama’s Democratic Party? Surely, I don’t have to answer that question – do I? If I do, then we are in worse shape that I thought.
Of COURSE, the correct answer is the latter. The US-DOJ under Obama appears very selective about who and what it prosecutes.
It has become clear that if you are a democrat and if your race is that which appears to be “preferred” today by the Obama Regime -- you are going to get “special” treatment, or even a pass. That is why, in our opinion, North Carolina can get away with an anti-illegal alien law, very similar to that of Arizona, while Arizona is being persecuted by the Obama Regime. It is as horrible – and yet -- as simply as that.
North Carolina Supreme Court Justice Edward Thomas Brady, in an article in the Fayetteville Observer (HERE) entitled: “ Our Immigration Law Flies Under The Radar,” says the following: “The law serves two purposes. First, it serves to protect the United States against attacks from within by illegal immigrants who may be a part of a terrorist organization. By requiring the person in charge of the confinement facility to inquire as to the immigration statuses of all those incarcerated after being charged with a felony or impaired driving offense, there is an excellent chance that if the person is on a terror watch list or is suspected of being a terrorist, the incarceration and interrogation can continue in the federal system. Second, the law serves to advance the anti-illegal immigration laws that we have in the federal law books.”
Justice Brady goes on to say: “ … Arizona offered a helping hand to a federal agency that clearly is not performing at the level expected by the American citizenry. I’m glad to see that the Old North State is lending a hand, as well.”
So, how long until the Obama Administration comes down hard on North Carolina? As we implied above, no need to hold your breath, because it isn’t going to happen. That is, so long as we have a chief executive of the state in Obama’s pocket and a die-hard democrat legislature.
One thing is for sure. The “Silent Invasion” continues apace, with no end in sight, as the Democrats AND the Republicans continue to stall any effort by the federal government -- or the states -- to stem it. As a result the entire make-up of America is being changed right before our eyes – not just the racial demographics, but our national politics as well.
As the illegal alien’s numbers swell in the US so does the amount of money they cost the taxpayers each year. The US is already broke and this added burden is ensuring that it will be generations before the country is able to recover – if ever.
All this while we hear reports that the Obama Regime is actively looking for a way to grant them amnesty by presidential executive order -- rather than going through Congress where the people have, at least, a nominal say in whether or not amnesty is granted to those who have already broken our laws and are, in fact, criminals.
It is, indeed, a strange world we live in today. Indeed, it is a strange America we live in today, an America many of its oldest citizens do not recognize. And judging from the number of Americans who are angrier at their government than I have ever known Americans to be the vast majority don’t like it – and -- have no intention of allowing this ungodly “Transformation of America” to continue.
We must begin taking our country back in our townships, our precincts, our towns, our cities, our counties, our states, and finally our nation. And we must do it quickly before we lose even the constitutional right to assemble. If we wait, “the iron fist of the Obama Regime” will make every effort to smash us and neutralize every single voice raised in protest.
For my generation, this is NOT the Free America in which we grew up. No. The America of today resembles more the European socialist states than it does the free America of only two or three decades ago.
When the states that created the Federal government (to act as an agent of those states) are now cudgeled by their creation, is it not time to consider either controlling the monster they created, or suing in the courts for relief by being allowed to leave the union.
Drastic? Yes, it is. Ask any of my Confederate ancestors. They paid the price for leaving the union and creating their own country -- even though there was no prohibition in the Constitution forbidding them to do so.
Is it an idea whose time has come – again? Many Americans think it has. I, myself, feel we have a ways to go before such drastic steps are taken. We must exhaust all avenues of relief such as the ballot box – FIRST. My Confederate ancestors had been wrestling with the all-powerful federal government for many decades before that first artillery volley aimed at Fort Sumter was fired.
Our first opportunity to make a heavy impact on the federal government is coming this November in the Mid-Term Election. We must RUN to the polls and cast a vote against those who currently rule over us. We must make a clear statement, one that cannot be misunderstood. We must make them understand that Americans WILL live free… period!
Here in North Carolina, if you are arrested, charged, and incarcerated for impaired driving, or any felony, you will be asked to prove you are a citizen of the United States. If you cannot, ICE (or Homeland Security) will be contacted and queried concerning your case. That’s the law in the Tar Heel state. It has been for some time now.
Once the Feds have been contacted, and they determine that you are, indeed, an illegal alien, we can only hope (IF the Feds do their job,) you will be deported forthwith.
Here is the exact wording from the North Carolina General Statutes:
§ 162‑62. Legal status of prisoners.
(a) When any person charged with a felony or an impaired driving offense is confined for any period in a county jail, local confinement facility, district confinement facility, or satellite jail/work release unit, the administrator or other person in charge of the facility shall attempt to determine if the prisoner is a legal resident of the United States by an inquiry of the prisoner, or by examination of any relevant documents, or both.
(b) If the administrator or other person in charge of the facility is unable to determine if that prisoner is a legal resident or citizen of the United States or its territories, the administrator or other person in charge of the facility holding the prisoner, where possible, shall make a query through the Division of Criminal Information (DCI) system to the Law Enforcement Support Center (LESC) of Immigration and Customs Enforcement of the United States Department of Homeland Security. If the LESC determines that the prisoner has not been lawfully admitted to the United States, the United States Department of Homeland Security will have been notified of the prisoner's status and confinement at the facility by its receipt of the DCI query from the facility.
(c) Nothing in this section shall be construed to deny bond to a prisoner or to prevent a prisoner from being released from confinement when that prisoner is otherwise eligible for release.
(d) The administrator or other person in charge of the facility shall annually report the number of queries performed under subsection (b) of this section and the results of those queries to the Governor's Crime Commission of the Department of Crime Control and Public Safety. The Governor's Crime Commission shall make the reports available to the public. (2007‑494, s. 1.)
It would appear the major difference between NC’s law and the Arizona law is that -- in NC a person must first be placed under arrest. In Arizona, if a police officer has legally stopped a person, the police officer MUST inquire as to that person’s immigration status. Here in NC, the law requires police officers to inquire as to the immigration status of ALL people who have been arrested and charged with a felony OR an impaired driving offense.
I have to ask: Why is the Obama Regime persecuting Arizona and not North Carolina, as well.
Ok, allow me to ask this: Is it because North Carolina’s female governor is an Obama Democrat and the North Carolina State Legislature is controlled, solidly, by Obama’s Democratic Party? Surely, I don’t have to answer that question – do I? If I do, then we are in worse shape that I thought.
Of COURSE, the correct answer is the latter. The US-DOJ under Obama appears very selective about who and what it prosecutes.
It has become clear that if you are a democrat and if your race is that which appears to be “preferred” today by the Obama Regime -- you are going to get “special” treatment, or even a pass. That is why, in our opinion, North Carolina can get away with an anti-illegal alien law, very similar to that of Arizona, while Arizona is being persecuted by the Obama Regime. It is as horrible – and yet -- as simply as that.
North Carolina Supreme Court Justice Edward Thomas Brady, in an article in the Fayetteville Observer (HERE) entitled: “ Our Immigration Law Flies Under The Radar,” says the following: “The law serves two purposes. First, it serves to protect the United States against attacks from within by illegal immigrants who may be a part of a terrorist organization. By requiring the person in charge of the confinement facility to inquire as to the immigration statuses of all those incarcerated after being charged with a felony or impaired driving offense, there is an excellent chance that if the person is on a terror watch list or is suspected of being a terrorist, the incarceration and interrogation can continue in the federal system. Second, the law serves to advance the anti-illegal immigration laws that we have in the federal law books.”
Justice Brady goes on to say: “ … Arizona offered a helping hand to a federal agency that clearly is not performing at the level expected by the American citizenry. I’m glad to see that the Old North State is lending a hand, as well.”
So, how long until the Obama Administration comes down hard on North Carolina? As we implied above, no need to hold your breath, because it isn’t going to happen. That is, so long as we have a chief executive of the state in Obama’s pocket and a die-hard democrat legislature.
One thing is for sure. The “Silent Invasion” continues apace, with no end in sight, as the Democrats AND the Republicans continue to stall any effort by the federal government -- or the states -- to stem it. As a result the entire make-up of America is being changed right before our eyes – not just the racial demographics, but our national politics as well.
As the illegal alien’s numbers swell in the US so does the amount of money they cost the taxpayers each year. The US is already broke and this added burden is ensuring that it will be generations before the country is able to recover – if ever.
All this while we hear reports that the Obama Regime is actively looking for a way to grant them amnesty by presidential executive order -- rather than going through Congress where the people have, at least, a nominal say in whether or not amnesty is granted to those who have already broken our laws and are, in fact, criminals.
It is, indeed, a strange world we live in today. Indeed, it is a strange America we live in today, an America many of its oldest citizens do not recognize. And judging from the number of Americans who are angrier at their government than I have ever known Americans to be the vast majority don’t like it – and -- have no intention of allowing this ungodly “Transformation of America” to continue.
We must begin taking our country back in our townships, our precincts, our towns, our cities, our counties, our states, and finally our nation. And we must do it quickly before we lose even the constitutional right to assemble. If we wait, “the iron fist of the Obama Regime” will make every effort to smash us and neutralize every single voice raised in protest.
For my generation, this is NOT the Free America in which we grew up. No. The America of today resembles more the European socialist states than it does the free America of only two or three decades ago.
When the states that created the Federal government (to act as an agent of those states) are now cudgeled by their creation, is it not time to consider either controlling the monster they created, or suing in the courts for relief by being allowed to leave the union.
Drastic? Yes, it is. Ask any of my Confederate ancestors. They paid the price for leaving the union and creating their own country -- even though there was no prohibition in the Constitution forbidding them to do so.
Is it an idea whose time has come – again? Many Americans think it has. I, myself, feel we have a ways to go before such drastic steps are taken. We must exhaust all avenues of relief such as the ballot box – FIRST. My Confederate ancestors had been wrestling with the all-powerful federal government for many decades before that first artillery volley aimed at Fort Sumter was fired.
Our first opportunity to make a heavy impact on the federal government is coming this November in the Mid-Term Election. We must RUN to the polls and cast a vote against those who currently rule over us. We must make a clear statement, one that cannot be misunderstood. We must make them understand that Americans WILL live free… period!
J. D. Longstreet
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