Suggestion for Arizona and other states
When Microsoft was being fined, sued, and bullied by the Governments around the world, I wondered then and still wonder, why they didn't fight back.
Now, with the Arizona Immigration case, I have to wonder why Arizona doesn't fight back as well? Ok, picture this, a bank is robbed. It's federally insured, and thus under Federal Law, a Federal Crime. Get the picture? So the local police show up, secure the scene, and avoid taking any information on the criminal. Once the FBI arrives, the local cops leave. They just leave and return to local policing duties. It's a Federal Crime, and the Local Police wouldn't want to interfere with the Federal Government's legal authority would they?
Or a Federal Marshal shows up and says. "We think we've found a wanted fugitive. We'll be needing a SWAT team for the capture though."
"Sorry, they're all tied up right now, but good luck catching the guy."
"We want to book a prisoner we captured into your jail."
"Sorry Mr. Federal Agent, but we don't really have the space right now. Come on back tomorrow and we'll see what we can do."
Your argument is obvious, and simple. It's the Federal Government's responsibility to do all those things. Not the State, or the local government's responsibility.
Put call forwarding on the telephone and fax line for background checks as mandated under the Brady Law and send the calls to the local office of the FBI. It's a Federal Law that those checks must be made, let the Federal Government do it.
When the Federal Government complains, all you have to do is say. "I'm sorry, but we're really busy chasing criminals who are interestingly enough illegal aliens for crimes unrelated to their immigration status. Right now, we're searching for a Rapist, and a Murderer both of whom appear to be Illegal Aliens." Just highlight the most recent crimes that the Illegal Immigrant community is accused of.
"The Local Police refused to set up a cordon around the bank that had a hostage situation in it."
"First, kidnapping and taking hostages is a Federal Crime, and we are not empowered to enforce Federal Laws. The Judge who struck down SB 1070 said so plainly, we don't have the authority, nor the responsibility to enforce Federal Law. Bank Robbery is a Federal Crime, and federal law trumps State or local laws. The Supreme Court has ruled on that many times. We had every available officer searching for Mr. Jong Quan, the leader of the Chinese Triad in Phoenix. This man is apparently also wanted by Immigration and Naturalization for staying in the country on an expired visa. We want him in connection to five murders. We understand that the DEA hasn't ever investigated him despite the fact that he appears to be the head of a large drug dealing organization."
"You have a responsibility to assist Federal Law Enforcement." The FBI spokesman will shout.
"Right, well we would, but we're a little busy. We're also hot on the trail of Mr. Juan Gonzales, who in addition to being an Illegal Immigrant, appears to have raped three women in Phoenix. He's also wanted in connection to a Hit and Run accident which left two people dead, and three others in critical condition at Mercy General Hospital."
Shoot, the Legislature in Arizona could pass a law dictating that any co-operation with Federal Authorities must not interfere with normal policing operational requirements. Requests for assistance from Local Law Enforcement must be made in writing at least fourteen days prior to the time and date that the assistance is requested.