Miami, FL (Law Firm Newswire) February 2, 2011 – “In supreme frustration, many states either have or are considering passing their own rigorous immigration laws to combat illegal aliens. While the idea may be a valid one, the legislation, often passed without viewing the complete bigger picture, may ultimately end up illegal, immoral and potentially unenforceable,” said Larry S. Rifkin, managing partner at Rikfin & Fox-Isicoff, an immigration law firm with law offices in Miami, Florida and Orlando, Florida.
The latest state to weigh in on this matter is Virginia, who plans to roll out its version of CIR in January 2011. There seems to be one major problem there: Virginia’s Prince William County law, often viewed as a role model for the rest of the state. Unfortunately, that particular law, in its present form, has parts that are redundant.
One of the provisions allows law enforcement to check the immigration status of someone already under arrest. However, statewide, the police already have authority to do that. Furthermore, another of their provisions, one that imposes fines for preventing police from enforcing federal immigration law, is unconstitutional, as the money is earmarked to go to law enforcement. In other words, that provision violates the state’s constitution mandating the money goes to the state literary fund.
While many of these attempts at finding a law that works for various states when it comes to enforcing immigration laws may be considered worthy attempts at solving a nationwide problem, in effect they create more of a problem than exists in the first place.
CIR was never really designed to be divisive, convoluted, complex, ever changing and in some respects brutally harsh. It was ostensibly designed to deal with the influx of illegal aliens into the country in a fair and equitable manner.
Over the years, the situation took on a life of its own and suddenly the nation woke up to find over 12 million illegal aliens in their backyards. Not many of them were pursuing a path to citizenship. They came, some stayed, some went back home and others replaced them. The Hispanic population took on a life and story of its own, as it tried to eke out a living in the U.S.
Along came the 21st century and Obama’s CIR, still stalled in the House with many saying it will likely not come out alive or come out in any form that will actually help address a badly broken immigration system. “What is the answer to the problem of illegal immigration? If anyone has that answer, one that would resolve all the outstanding issues of the day for every state, they could make their fortune as a consultant. In the meantime, the immigration system limps along as it always did, badly and sorely in need of life affirming support,” Rifkin said.
Rifkin & Fox-Isicoff, P.A.
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Miami, Florida 33131
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