The Department of Homeland Security is gagging local law enforcement agencies around the country to protect the privacy of illegal aliens. This sort of heavy-handed micromanagement should come as no surprise to those familiar with the decades-long, multi-administrational, bi-partisan project of absolutely eliminating the principle of federalism in general and the Tenth Amendment to the Constitution in particular.

This latest federal strike at this most fundamental principle of American government comes as part of a revision of an agreement between the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division and state and local law enforcement agencies. According to the updated guidelines, state and local authorities must obtain express permission from DHS before making any statement regarding their cooperation with the federal agency. This order covers those comments made to citizens or to the media.

For its part, DHS says such provisions are necessary to safeguard the privacy of illegal aliens. What is more likely, however, is that the restriction was handed down to ensure that state officials keep mum about the unconstitutional control the feds are exerting over state agencies. It isn’t so unthinkable given the now constant attacks on the constitutionally protected sovereignty of state governments and the unimpeded and determined assailing of the ostensibly impregnable wall our Founding Fathers wisely erected between the state and national governments.
 
The clause in question, revised Section 287(g) is part of the overall procedural regulations known as Memorandums of Agreement (MOA). These memoranda were enacted in 2003 and are written as instructions regarding the training of local and state peace officers in the execution and enforcement of federal immigration law. Such documents, placing state and local authorities under the control of federal masters, are constitutionally questionable and significantly impinge on a state’s and municipality’s right to govern itself and enforce only those laws promulgated by their respective body of representatives.

As for this ruse of “protection of privacy,” even ICE’s own press secretary, Kelly Nantel, admits that the Privacy Act of 1974 does not protect illegal aliens. Nantel told CNSNews.com that “although illegal aliens are not protected under the Privacy Act, it is the policy of the Department of Homeland Security to extend the privacy protection to individuals who are in the country illegally.”  According to Nantel, this dubious and predictably diaphanous policy was handed down by former President Bush’s DHS Secretary, Michael Chertoff.

Apparently, Mr. Chertoff’s successor, DHS Secretary Janet Napolitano, is equally dismissive of the Tenth Amendment, since in July she declared that the currently operative 287(g) guidelines soon would be more cemented and reformed into a stronger, more well-defined “standard operating procedure.”

In order to enforce its vision of a “reformed” United States where the states are mere minions of an all-powerful central government, the Obama administration has decided to set priorities for the states and has ordered that local law enforcement officers should spend their resources tracking and arresting only those accused of having committed crimes, not those guilty only of being in this country without documents. If only Washington would take such a hands off approach vis-à-vis the rights of states to set the priorities and establish the training programs for their own officers and agencies. When asked by an online news website if the Obama administration favored the arresting of illegal aliens for the simple act of being in the United States illegally, Kelly Nantel refused to give a direct answer, saying only that such removals would be decided on a case-by-case basis according to existing DHS priorities.

What is clear, however, is that the feds fancy themselves the ultimate authority on all matters, no matter how local. In a frightening display of how serious is their intent to strip the states of any vestige of their sovereignty, several months ago ICE ordered the Maricopa County, Arizona, sheriff’s office to cease its successful program of sweeping for and arresting illegal aliens. The sheriff of Maricopa County, Joe Arpaio, was stunned and angered that the feds would issue such a directive — and stunned and angered at the subsequent investigation into anonymous complaints that such a program violated the civil rights of the suspected illegal aliens. Never mind that Sheriff Arpaio’s department’s efforts have removed over 30,000 illegal aliens since the sweeps began in 2007. Successful or not, apparently Joe doesn’t realize that when it comes to the law in America, there’s a new sheriff in town and his office is oval.

The rules are being disseminated from Washington and the message to the states is clear: Contravene them at your own risk. The most constitutionally abhorrent language in the aforementioned MOAs is the following directive regarding the state agencies’ “release of information to the media and other third parties”:

The [state or local agency] hereby agrees to coordinate with ICE prior to releasing any information relating to, or exchanged under, this MOA, including any SOPs (Standard Operating Procedures) developed for the implementation of this MOA. Information obtained or developed as a result of this MOA is under the control of ICE and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders. Insofar as any documents created by the [state or local agency] contain information developed or obtained as a result of this MOA, such documents shall not be considered public records.

If any citizen of a state or a media outlet wants access to any of these documents or seeks to elicit a comment from the appropriate state agency or office, then the interested party must file a Freedom of Information (FOI) request. Then, if DHS decides that the request doesn’t interfere with their “priorities,”  the information will be released. In simpler terms, the omniscient and omnipotent federal government will decide whether or not the people (formerly the ultimate sovereign) are allowed to know just how often and just how irreparably the Tenth Amendment, the fundamental principle of federalism, and most importantly their own sacred rights of self-government are being violated, trampled, and stolen.

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Black Saint said:

... Our government fails the most basic and primary task & duty of government, to protect this Nation and its Citizens from invasion and enforce its laws. Our Government, past & present, Republican & Democrat, have allowed the invasion of 20 to 30 million criminals and uneducated peons which is the largest invasion of any Nation, at any time, by any means & in direct violation of Article IV Section IV of our Constitution. This refusal to abide by our Constitution or enforce our Immigration Laws should be classified as Treason of the most foul kind, & as grounds for impeachment & trials for Treason! Not only have they allowed the invasion, they force American tax payers to pay Billions on Billions of dollars to provide Welfare, Prison cells, Educate the invaders numerous children, and free medical care, at the same time the invading horde break numerous laws and massive document fraud, & are destroying our schools, hospitals, communities, culture and standard of living while Robbing, Raping, Killing & Assaulting American Citizens at an rate the terrorist can only dream about. Recent statements in Mexico from both President Obama and

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October 31, 2009
Votes: +7

Black Saint said:

... Recent statements in Mexico from both President Obama and Secretary of State Hillary something needs to be done. "Our inability to prevent weapons from being illegally smuggled across the border to arm these criminals causes the deaths of police officers, soldiers, and civilians," Hillary whined. But no mention, whines, concern or care that their refusal to stop the Massive Invasion of Illegal Aliens pouring across our borders or enforce our immigration laws that causes an estimated 25 Americans deaths per day and 10,s of thousands victims of Assault, Robberies, Rapes, Identify thief, and other assorted crimes committed by the invading horde of Illegal Aliens from Mexico on American citizens each year! It is a telling indictment & shows their Empathy & Compassion of our Politicians & their priorities are not for the American citizens when they express more concern over Mexicans deaths mostly connected to the Drug trade, than the murders, havoc & crimes of Illegal Aliens against American Citizens! The Democrats view the invading horde of Criminals and Uneducated third world rejects as Undocumented Welfare Democrats & the Republicans as Undocumented Slave labor for their Pay Masters in the Chamber of Commerce & Businesses! Most of our Politicians in Wash. DC are wading knee deep in innocent American blood and suffering because they put Self Interest ahead of the interest of American Citizens & the future of this Nation! The Citizens of this Nation have not sacrificed with blood, sweat & tears for over 200 years & obeyed the Laws of the land, paid the taxes, and fought the wars & built this Nation to see Corrupt politicians turn this Nation into the United States of Mexico without a shot being fired, to serve their demented, nefarious goals!

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October 31, 2009
Votes: +7

Bonnie said:

	... Demented Homeland Security! I felt safer before its creation. This governmental monstrosity is counter productive and needs to be abolished.
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October 31, 2009
Votes: +2

Brittanicus said:

Whose on America's side? All these so-called public servants took an oath of office, to protect Americans from Domestic and foreign enemies. But with Senators such as Harry Reid, Chuck Schuman, House speaker Nancy Pelosi and Janet Napolitano running Homeland Security, we already have the domestic enemies. They spend more time undermining immigration enforcement, than protecting citizens and legal residents from the 20 to 30 million illegal aliens. I joined NUMBERSUSA, JUDICIAL WATCH to learn more about corruption and sleaze in the Washington inner sanctum. These people we voted into office don't seem to care about the American worker or legal population, when they didn't insert any language in the Stimulus packages or the public option in health care omitting illegal immigrants. Still we can place Reid and others who have committed themselves to pandering to corporate welfare in a garbage pile, by not voting for them again. Check out Sen. Reids' and all the other assassins of the US Rule of Law" and their immigration enforcement grading at NUMBERSUSA.

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October 31, 2009
Votes: +5

Elmer said:

	DHS Demented Harebrained Subversives ???
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October 31, 2009
Votes: +0

bigfoot62 said:

What is the endgame here? If the US keeps up its lax immigration policy then this country will experience a significant demographic shift, But how will that make it easier for a future socialist US of A. Will a foreign educated majority or state educated children of immigrants make it easier to circumvent the constitution granting the state more power and giving the citizens mere privileges? What will the futuristic socialist USA do with it's largely immigrant population? They won't make enough money to tax them heavily as Europeans are so where's the benefit to a large working class immigrant population? Whoever has this scenario planned out must envision some type of utopia, but I have no clue what it might be. Perhaps in this future we will have finally established a new Martian colony and we can fight for independence there as the old earth will have long been centralized by then.

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October 31, 2009
Votes: +2

Jim Bowman Jr. said:

America's un-American Pattern At what point is enough, enough? The pattern is obvious. What ever happened to our defense of freedom? Dismantle our Constitution while at the same time, nailing our doors open for illegals? Oh and yes, reconsider our positions against Cuba while we export our flare to trash Constitutional dictates all the way down to Honduras. Certainly makes one wonder whether Sen Joe McCarthy was onto something. We the people must be heard now! Stop the illegal dismantling of our Constitution or face legal action. Accountability must return! The book on impeachment should be dusted off once again.

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November 02, 2009
Votes: +3

Bill D. Berger said:

	... They tried this on Sherriff Joe Arpio and he told the Feds to stick it! He was elected to uphold the law for his city and thats what he intends to keep doing. We need Joe as head of DHS, janet can scub his balls as his official, 'ball washer."
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November 13, 2009
Votes: +1