Rep. Jeff Perry on the Arizona Decision

For failing to apply for -- documentation of legal residency. And you're also allowed to solicit apply for perform work that's great out there with unemployment at 10% real unemployment closer to 20%. The Obama administration wants to while wants to make it make it -- possible for people to sneak into the country and seek drops again we have to ask yourself. -- who's the Obama administration represented they represented the American people or do they represent the invaders who were trying to come here and destroy the country. 18774694322. That's the toll free number and how we our show joining us now on the line is representative Jeff Perry. Republican of CN which -- candidate for the congressional seat being vacated this year by William Delahunt. On the Cape and Islands in the South Shore. And I he has been one of the -- leading leading proponents of that legislation on Beacon Hill to do something about this illegal immigration problem. So what Jeff what are your first reactions to this a decision today by the federal judge in Arizona.

Ninth circuit stuff all over again you know how many times do we -- decision. And make no sense that -- there it as a matter of law. Of the common sense the bottom uncertain how many times of the ninth circuit every earth but it debris or -- I'm pretty sure it's safe to say that'd -- The circuit. They get overturned the most by the Supreme Court and -- I've read the decision -- on page 35 of the decision where where they've got. Yeah it just doesn't make any sense -- all you know basically the judges. Saying well might happen it could happen and if it does happen. You know there may be. It's it's it's. It the most vaguely worded decision that I've written a while which has not talking about preemption. And it's. It just defied legal logic may but that shouldn't be a surprise when it.

I I'm glad I'm glad you couldn't understand that either you're right I read parts of it -- when it did made no sense to me you know idea that you elected this. -- the federal government may suffer irreparable harm its if it in its aims for the immigration law if this goes into effect these are the federal law that's right so a federal laws on the state level. The Fed the F federal -- the only irreparable harm that the feds might suffer is that a few 100000 if you were illegal aliens might sneak into the country and vote Democrat Barack.

Well she's basing her decision on the legal theory called. Preemption and that's one of state you know attempting to regulate or do something that contrary that complex was. Of state law and start with federal. And you know whether it the enforcement of a bailout would be contrary would frustrate. A federal purpose -- by saying that it's obviously not contrary to a federal law but she's staying in her decision. That it would frustrate the federal purpose and you know. -- while I'm Barry too much -- that even though -- interest may be consistent with those. Well of the federal government it is not in the public interest but aren't gonna to enforce. I don't know I don't know what made her a legislator the governor -- From my point of view the legislators who are elected and the governor of Arizona they get to determine what the public interest did they get to decide what the public all of the Arizona it.

they answer to the public if I may not done right the wrong decision.

Absolutely and that's the purpose of -- of art -- all three branches of government the legislature made the law of the governor. Approved and enforces the law and NN the judicial branch to do the challenge the constitutional challenge. She spoke to decide a lot about both the part about the public interest in this -- and talk about preemption when there is no conflict all throughout the decision. I could not be anywhere where that the judge pointed out that direct conflict between the state in the federal law. Which would bring in the issue of preemption I agree that it if Arizona made a -- they are -- Very 28 federal law and preemption applied and it -- that the.

like like legalizing cocaine for an absolute.

They absolutely and and throw the Obama administration is going to be doing California any effect. -- some of the bank that they're doing out there but you know what about a contrary lost. And the Obama administration and Andy attorney general should be going the city of Cambridge because they are refusing to. In -- federal laws they are inhibiting federal authorities from enforcing immigration laws of the Sanctuary City. But I think we get the cricket while we're talking about that whether or not. -- is gonna come down here to Massachusetts and filed suit against Cambridge. This is selective enforcement. Although public all of -- that the administration doesn't agree with and I I predict that this decision going to be overturned it may not be overturned on a -- the appellate. Level that was gonna ninth circuit but one that -- the way it worked its way up to the US Supreme Court I can't imagine. That they're going to uphold the decision that says Arizona you don't get to decide what in the public interest. Do you sense of what it could hear it not very very disappointing.

Yeah I know and then the vast majority of people in Arizona. Want this and according to the polls in Massachusetts. The majority of Massachusetts residents who would be a landslide if there -- election want a similar law to Arizona and I don't know when he stayed. In the country where they've conducted polls where the people said we don't want a law like Arizona every state wants a law like Arizona it's. And say this in this judge. Is saying it's not in the public interest.

The legal point I'm trying to make the do it did not up there nerds decide the public interest that's what the legislators and governor or they're elected on their ideas in their vote. They're reelected Arab front office because the public policy that they -- not the job of -- judge. To determine what the public policy and public interest should be. Hurt it -- decisions should be based upon those that complex. With the constitution or federal law and you read the decision and it just talked about public interest and preemption and preemption from. In all the what I was -- law school in preemption what I know. Only applies when it conflict being. Whether they are federal law -- enforcement of -- lawless frustrate the federal purpose so I don't know how important thing a federal law which is consistent. With the state law frustrate the federal.

You know Jeff voters say and she's not a politician but she really is she's running for the appeals court.

Well in the ninth circuit you might get it.

President because of her courageous decision -- but he's up -- she's up first you front runner for the next up profiles in courage award from the -- from the Kennedy family. For making this a bad decision you wanna take some phone calls here at 187 so by the -- what's latest on casinos.

Well I had to bet I'd have been out you know when I'm session today about a whale on a three days ago I had the better and that -- you know let things down we're not gonna it is not a they've built. If we give it if we do have built this late in the session it's gonna have to be exactly what the governor want. Because he's threatened to veto wiping out what the man I'm not.

Do you believe in -- and on election year fifteen about 10151000 job thank I don't think he can I don't think he can veto any thing.

They think you know maybe at the -- check and a well the Taliban but they don't tell me that and the being in the media are already here at the -- background stuff. The only a few people they get into the but we're gonna vote.

have a better chance of figured it out if you -- an illegal aliens.

They wouldn't have diplomatic -- Iowa and.

This. A and that probably tell you -- could -- you they have they have this feeling this feeling of that could cut comrade ship what they'll let it sit. And that your. 18774694322. Andre your next with Howie Carr and representative Jeff Perry go ahead Andrei.

Good afternoon colleague that you get how hey they represented what you're an and that -- yeah. You and I met when that option really went down the -- your book signing. If you remember right it is the pipe clamp down --

Well I do thank you very much -- Libya. I was thinking about Ellsworth I'll be I'll be on on a new book Torrin in the winter and I'll get all get over to Ellsworth.

Ali do you remember everybody that -- fried clams.

I -- it's difficult for me to but I Ellsworth was not a Ellsworth was not a big fried clam destination now resort for making. Go ahead --

I had a religious thing not -- well on -- show with you on our immigration that you know Maine has been very liberal love you. But it's very it's there's not they -- real -- And we -- it dinner that in when you market used an illegal act that made their best and way and the later shared with the you listen south American country and he had only been to -- I asked what brought him up very themselves. Drivers.

I think I know that's what you're gonna say I drank a yeah.

Related that you you know it in half a country that offers so many opportunities. For people at the generation I'm yet it's safe part of that. They want to fight and -- you. The freedom that we allow anyone to what it's unbelievably good form part about the folks who look nice people who didn't then. And right that we're gonna give the folks who built the border.

Jeff would you agree with me that American citizens at this point in time have less rights and privileges than illegal aliens.

There's no doubt about it but you're looking at how they treated NAS district court. Many of them never come back for bella never -- then never immigration can't be used the reason to consider bail if you will. And to look at both on Letterman benefit. Well not even out in everybody whether or not they're illegal and not. You know what whatever category health care they can just go to the emergency room or whatever and not even. Consider whether or not they're gonna have to pay our anchor baby you -- at a very and I can tell you that. It's different standards different rules and the American citizens are having to all rules they think they've -- things that illegal immigrants -- and people are a matter of fact about the.

We're gonna look at Harvard the you have that kid from mud Delaware right. He he fault supplies all of his transcripts and they find out he's he's -- it illegally there. He gets thrown in jail. They then they have a Mexican the Mexican illegal alien whose you know file -- his paperwork under false pretenses. And they -- candlelight vigil for half -- then does the president -- announces he's going to be welcomed back with open arms what what about the kid up from Delaware. What he'd -- was any different from the illegal alien the only difference is he's an American citizen at least in the camp.

Absolutely come. Identification to get that -- educational benefits as social entitlement benefits many times. You know that the kids. Who are legitimately here American citizens who born in this country are -- the probability that they don't have one piece of documentation one -- divide the they got to go to the back alliance are all great candidates you're an illegal immigrant and you don't have any citizenship paper all you have to do and some -- sign an affidavit. Thing that that you and you know you're gonna try to do better next time it's the double standard and Democrats Republicans independents this is the issue is your poll indicates that day and that it'll -- have been done either and Arizona that. The amendment that I filed with the united in this we want something done we want the federal government to fix that and the and we're still upset about it that the federal government is it gonna effect that we want last beneficial but that it just because something in the constitution that says. The federal government should do it doesn't preclude in in my my opinion a statement saying we need to do something about it.

Thanks for the call I had -- Joyce you're next with Howie Carr and Jeff Perry stay -- from from CN which go ahead. --

I had to drink water.

In 1991. Live in Duluth which -- the community just outside camp can also. And I has been worked for the school district. 1 morning he was going to work you put about 25 miles an artist by.

Are gonna sit it beside our hot -- so.

An illegal -- movement to crashing through a stop -- up for for rifle or he get mark. Remote it was by the -- and -- I think it's going well mark almost died he has -- Britain's third. Lungs and and -- it prosthesis fitted shoulder belt right children let's see if -- LA. I thought they found a four by four it was still. I have the cops to dust for fingerprints. And they would do it. And I'm gonna tell you that's part of the problem because Alberto -- all these people.

Congregate be illegal because -- was the world that they would take going up to the early California. And I know what time with. Who are. Would go to the full campground.

Too I guess if they that they -- they would only go through the fronts and not surround effect of course the illegals gotta wait this is just.

This government. We better go to the polls November.

I know I I hope people finally get a wake up by Joyce I thought people we're gonna wake up after nine elevenths you know I thought this problem would be solved and it hasn't it's gotten worse would you agree Jeff.

fully one of the decision you know want part of the decision. The judge. From the ninth circuit here is that that she even striking down a provision that makes it okay now now known illegal immigrants can still solicit employment. Mean so that's a direct violation of federal law to work if you're. Here illegally and she strike down the provision of the Arizona law was with us and force the federal wage and hour -- Is it it's baffling other then be the only the only justification that I can make after reading this. And that was my experiences legislators that -- than it turning it that this is a social activist got that. And she is looking at it the opinion clearly says she's looking out for the public interest in the public all in the case. And she's not reconciling that preemption. Part of our constitutional theory.

Not even if she's been even if she's decided to assume this power that she's not granite under the constitution of the public interest. This is not the public interest this is not what the public this is exactly. Contrary. To what the public in Arizona and all the other 49 states wants.

And the legislators decide that the governor decides that not a judge and that's not the fundamental. Principle that our founding fathers gave a beat branch of the government of both the separate they're co equal what they're not vote to. Infringe on the other is ability to do -- they're both still are -- made legislative -- the governor elected so that they would act. In the public interest. Not a judge -- judge is just there to stop. A rogue legislature -- governor from doing something contrary to the constitution. Just the -- Not all of our preparation she doesn't get to decide what what side she would like to be win.

No but I referee she's calling the rules is what I mean -- she's that you eat what she's a crooked referee is what you're saying.

She can't be taken via a referee in the sense of determining what the constitution mean or this complete with federal law that's her only job in this case. The attorney general went that went to the to the federal court and said that this is conflict. Conflicting and have to do with the the permit because then they have for preliminary injunction so she have to wait to get the way that gets the look at it. But when it doesn't conflict with. Federal law the state of Arizona law doesn't conflict with federal law there's no preemption.

Right in it and it was written specifically by law professors -- salute they wouldn't have this problem. Idea and -- she's found the problem. Even though it's not there was specifically written to get around this problem but but the it's the best excuse she can come up -- at the thrown out so she used it.

Sadly that's put it up most of my interpretation of the decision.

Gary your next with how we car and representative Jeff Perry.

Guys have got. I have a question maybe you guys can insert. It from let's say. -- Hispanics -- from out of state but Arizona the driver of the state. And they run a red light. And they get pulled over by the police now. This car of Hispanic. Our legal citizens naturalized -- in this country. And that says police opposite permit yet do reasonable. Suspicion cast them. To prove that there here legally or they're naturalized citizens. What what documentation to they have to prove that they're legal citizens.

Well there if they're gonna -- driving. The first thing up is gonna do it good please stop there isn't gonna make any determination based upon solely on the color of someone's -- know what you think there. They're great city and ask them right there I'd be. Just just like monopoly that you Mir Ali all right it and if we don't have an idea. Guess what it doesn't matter if -- white Hispanic black whatever it is. You're probably not gonna keep driving after that so. This flawless neutral on its base that didn't apply at any rate the racial classification at all they Mehmet that I filed. In Massachusetts who spoke on neutral -- stated that we target anyone. It just says. That if you are here you have to have your. Paper it would -- you're driving you have to have a driver's license when it but he up there wouldn't be able to detain someone if that driver in this case.

All of us all of -- set to have our driver's licenses without ask correct Jeff.

Absolutely but you're dying animal legal didn't have to have. And -- or anyone shouldn't have that documentation that they're here legally and you're saying well American citizens have to have the -- but this is on the driving a car but hey you're illegal. That's okay.

Right you know it's like it when you leave the house in the morning there are few things you got your car keys right you got to wallet you got your cellphone. But those Hugh Hewitt you need all three of those things correct. That the the end that you had if you forget that sometimes I forgot my wallet then Adam you know half mile down the right turn around and go back and get a 'cause I wanna have to deal with the tops of I get stopped at.

And and you know what happens sometimes little field of law enforcement if if someone has pulled over and they are they don't have militants with them and up there can't. Determine that they're duly licensed out of up a computer thing Eric. But -- the case and -- sometimes those people are detained while there's an investigation to determine whether or not that person have a license. And sometimes it's bombing have a license -- out there whatever brings it and then the storied over the same thing when applied to the gentleman -- just asked the question. If someone was detained because they didn't have the documentation with him but doesn't mean there on the next boat out that they're being deported it means they can -- became rather than investigation. It's the investigation determined there illegally. Then there on the way but we the bottom line is we have. Probably fifteen to twenty million illegal immigrants here is so either enforce the law we try to find them we tried to -- some process. That if we determine whether or not someone illegally all we just give up. And you know the president would maybe you just wanna think about maybe if people you just want to have both open borders and have won North American. Nation here with no quarters but the people that I talked to the all the you're referring about we -- enforce our -- we want benefit. Not to belittle illegal we want something to happen when the convicted of a crime we -- deportation we don't want them. Competing with our kids to get -- school -- competing well all of -- the job then we need to do something like --

Can you imagine this -- Barack Obama's running around the country. -- telling telling everybody that the economy is job one and he's working hard to get to war are restore the economy get jobs back and and in the meantime. His attorney general is in the is in the US district court in Arizona. Saying that illegal aliens say she should does should be allowed to seek work. In the United States when we about the unemployment rate of 10%.

You know right pilot on Cape Cod and I'm running this congressional he would the -- Or on the -- and -- a lot of contract -- a lot of small businesses out there. And they're competing with -- of the legal immigrants think about it -- painter a landscaper your -- you're in the trade. And you're trying to pay your employees over the table would -- paying their taxes unemployment workers' compensation bulk of security. Health insurance as we know we have to do that now. If you are trying to do all these things over the tabling of factoring. That into your bed and you're you know your effort to find jobs. And then you have a -- and Italy all parents who don't have to do I think no paper is not and they just perform the work and they're gone.

And if they -- service and if they they're not bonded in if they need the -- essar services they do show up at the emergency room. And they and they don't pay any they don't pay any of the taxes that you were just talking about so obviously they can under under bed the American trade from.

I am thought they're talking a lot of business people every day. You know it in the campaign -- the state legislator and they just don't know what to do that and the federal government. And that's -- Arizona you know responded to the federal government is doing nothing about. -- in the judge's decision. You know if you the the court therefore find preserving the status -- preliminary injunction is less harmful than allowing. State laws to be enforced. Which are consistent with federal -- That left -- for what's going on right now to the country. I don't think so I think get left awful pullout date to protect itself to -- defend itself and to try to do something when the federal government continues the bella.

Jeff stereo -- to take a break now but I appreciate you being with us here and I keep I keep fighting keep vital issue. Thanks that's representative Jeff -- he's a Republican candidate for the congressional seat on the on the Cape and Islands and the South Shore. Being vacated by William Delahunt. Who's not running for reelection 18774694322. I'm Howie -- media access your favorite double door -- personalities are some of the military.