What level of immigration enforcement will Democrats actually accept?
Last week, the streets of Los Angeles burned over immigration enforcement. The incendiary exchange between California's political class and federal immigration authorities unfolded as America watched.
But I have just one question for my friends on the political left: What level of immigration law enforcement is actually acceptable?
This isn't a rhetorical jab. It's a genuine inquiry into where the line resides. At what point does enforcing duly enacted federal law become illegitimate in the eyes of those who advocate for sanctuary city policies and decry any interior enforcement as a moral outrage?
Let's be clear about what federal law permits.
Immigration and Customs Enforcement (ICE) officers don't just have the right to operate in all 50 states; they have a legal obligation to do so.
More: ICE says nearly 200 immigrants arrested in Nashville during recent operations
The Immigration and Nationality Act, specifically in section 8 U.S.C. § 1357, grants federal immigration officers the authority to interrogate and arrest non-citizens without a warrant if they have 'reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest.'
This isn't some obscure, rarely used statute. It's the bedrock of federal immigration enforcement. The "probable cause" standard here is consistent with what we expect from other law enforcement agencies. We can and should demand that ICE agents meet this standard, but we cannot pretend it doesn't exist.
Consider the typical scenario that often gets labeled a "raid." It's not, as often portrayed, a random sweep of a neighborhood. These are enforcement actions targeted at specific employers based on evidence. In fact, worksite enforcement is a regular part of ICE operations, and it isn't limited to Democrat-dominated states. The event that started the conflagration in Los Angeles on June 6 was a basic law enforcement engagement at an apparel manufacturing business.
This brings us back to the central question.
If federal agents have established probable cause that a business is a hub of illegal employment, at what point in that process is it acceptable for protestors to throw rocks at officers? When is the appropriate time to set a self-driving Waymo vehicle ablaze? Is there a particular brand of sneakers that's fair game for looting when you're upset about immigration enforcement?
All this boorish behavior simply demonstrates the need for even more law enforcement.
The performative outrage from politicians like Gov. Gavin Newsom in his exchanges with ICE Director Tom Homan is a distraction. The issue isn't about tough talk; it's about the consistent and safe application of the law. States cannot create zones where federal law is null and void, no matter what they label them.
More: Inside the volunteer group patrolling Nashville to look for ICE activity
The Supreme Court has affirmed states do not have to assist in federal enforcement. They also cannot actively obstruct it.
If Democrats in California and elsewhere fundamentally oppose the current immigration laws, the path to changing them runs through Washington, D.C., not through angry mobs on the streets of Los Angeles. Win a presidential election, hold majorities in Congress, and you can rewrite the nation's immigration statutes.
Just don't look at the polling. As it turns out, Americans aren't into lawlessness.
If Democratic leaders can't articulate a vision for how federal immigration laws can be consistently and peacefully enforced, then their position isn't that different from the masked protestor waving a foreign flag on the hood of a burning car.
They might be wearing suits in positions of power, but their contempt for the rule of law is exactly the same.
USA TODAY Network Tennessee Columnist Cameron Smith is a Memphis-born, Brentwood-raised recovering political attorney raising four boys in Nolensville, Tennessee, with his particularly patient wife, Justine. Direct outrage or agreement to smith.david.cameron@gmail.com or @DCameronSmith on Twitter. Agree or disagree? Send a letter to the editor to letters@tennessean.com
This article originally appeared on Nashville Tennessean: Democrats at ICE protests show contempt for federal law | Opinion
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