250-300tailoredunique wordsin a formatted Word document must be turned in on Canvas under Assignments using 12 point font and double spacing. Please write a legal memo and you must use the IRAC format Download IRAC formatdescribed on Page 16 of your text. This means at least four paragraphs that are titled for the MANDATORY IRAC acronym ( you must see Modules on Canvas or click this link for additional instruction regarding IRAC Download link for additional instruction regarding IRACDownload additional instruction regarding IRAC Download Download additional instruction regarding IRAC
). YOU MUST FOLLOW THE INSTRUCTIONS PROVIDED IN THIS BLUE LINK ABOUT IRAC OR YOU WILL LOSE POINTS. The longest section should be the A section. This is not an essay about how you feel, it is about making a case using the law. This fact pattern may contain several legal issues. Limit your memo to only one of the issues of your choice. Only relevant facts to your chosen issue should be included in the fact/issue section of your memo- this will keep this section short. Keep in mind that a well- reasoned legal argument always points out the merits of the opposing case and then differentiates that argument by using facts and law to support the client’s position. Make sure you include that in your memo. A copy of the grading rubric is attached to the syllabus. Only one .doc or .docx type document submission can be accepted via canvas, I cannot accept these assignments any other way since this is a GEA or GL assignment to be separately graded on Canvas by Tampa.
SLO GEA 1,2 and GC 1,2
Step 1: Research
Closely review in your text Appendix A; The preamble before Article I, Article IV section 4, Article II section 1, last paragraphs of the U.S. Constitution, Chapters 2, 4, 31 and 54 in your textbook. Also look for current cases in the press involving similar situations.
Step 2: Assume and Analyze this Fact Set
In defiance of Federal Law the State of California has self-declared a Sanctuary State. Border crossing from all nationalities including folks from South, Central Americas as well as China, North Korea, and Middle-Eastern countries are crossing into California without visa’s. These people fall into two distinct groups, many seek the American standard of living yet, at least half seek criminal and terroristic economic gain. The total numbers exceed 36 million (at least 10% of our population) and 2,000,000 on an average annual basis in recent years. San Diego and Orange counties have filed lawsuits against the state of California requesting relief from California sanctuary mandates. The counties request the right to follow Federal law with regard to illegal crossings and wish to deputize local law enforcement to deport those lacking visas at the border prior to the actual crossing. In the alternative, San Diego and Orange County request the right to charge a $10,000 visa tax for any and all humans of any age, race, nationality or gender crossing into their counties without the proper federal visa documentation.
The peoples of San Diego and Orange county cite the following damages to their local environment, communities, citizens and public systems: Loss of minimum wage/low skill jobs for the youth, part-time workers and elderly, property crime, identity theft , drug crimes, DUI’s, assault and battery, sexual assaults and murder increases. Private businesses, particularly in border areas, have closed due to increasing and unabated crime. Public schools and hospitals are too overcrowded and underfunded to handle the non-paying patient increase. Many crossing the borders have the highly contagious Covid virus’s or other communicable diseases that will require taxpayers to sacrifice significant tax dollars be expended on non citizens, while taxpaying citizen needs go unmet. Police and Fire departments are understaffed and underfunded to handle the large influx of population. Homeschooling has increased 30% in recent years due to the lack of school security and proper student-teacher ratios. All essential taxpayer services in the area of housing, health care, schooling and safety(police and fire) are being diverted from taxpaying Americans who include the very poor and homeless in order to assist those crossing into the state illegally. Tax revenues are finite but the need for the services grows exponentially every year due to this situation. Over the past 10 years the total costs from losses in wages, property, and lives has been estimated to be over $500B per day in the U.S. with no noticeable net increase to the tax collections derived from the illegal border crossings. While many of folks crossing hold jobs, over half of their income is sent back to their home countries and is not spent benefiting the U.S. economy.
What recourse does the bordering country of Mexico, San Diego and Orange Counties have and under what Jurisdiction and law?
Step 3: Write a Legal Argument
You are either a junior attorney working for the County of San Diego or a Junior attorney representing the State of California; you must choose. In 250 – 300 words give your reasoned LEGAL opinion of what remedies of relief should be available to your client. A copy of the grading rubric is attached to the syllabus.
Step 4:Save a Copy and Submit on Canvas under Assignments before the due date and time listed above.