Immigrants file frivolous lawsuit against local immigration law!

15 10 2010

Cross posted from Psycobabble:

This is beyond despicable. Their lawyer is saying they have done nothing wrong. Dude they are here ILLEGALLY! That makes them CRIMINALS! So stop saying that there not. 1- they all got caught because they committed a crime, 2-Just being illegal makes it a crime. What is wrong with these people! This lawsuit is not going to get that far. These people have no rights in this country, they are not CITIZENS. They all need to be deported. I don’t care if it does tear up the families, they should have thought about that! This is their consequence! Why the hell would you try to put it on us????!!!!! Morons!

Here is the article:

Three immigrants in Georgia are suing to challenge a government program that allows local authorities to enforce federal immigration law, and they are seeking to have the case declared a class action to represent many other immigrants.

Experts say the lawsuit, filed last week in federal court in Atlanta, could be the first to directly challenge the legitimacy of the 287(g) program, which has been used to identify more than 180,000 illegal immigrants for deportation nationwide since 2006.

“I have heard of nobody filing a lawsuit on this, and I would have heard about it,” said Charles Kuck, a prominent Atlanta immigration lawyer and past president of the American Immigration Lawyers Association.

The lawsuit names U.S. Immigration and Customs Enforcement director John Morton, Cobb County Sheriff Neil Warren, an investigator for the Georgia Department of Public Safety and other officials as defendants.

A Department of Public Safety spokesman and a spokeswoman for Warren’s office said Thursday their agencies hadn’t seen the lawsuit and couldn’t comment. An ICE spokesman said the agency doesn’t comment on pending litigation.

The lawsuit seeks to define the class as “all Hispanic persons who have been or will be restrained and interrogated within the State of Georgia” by local authorities enforcing federal immigration law under an agreement with U.S. Immigration and Customs Enforcement.

As of late September, the 287(g) program had been used to identify 14,692 illegal immigrants in Georgia for deportation in the four years since Cobb became the first county in the state to launch the program, according to ICE. Three additional counties plus the state Department of Public Safety have since signed agreements.

The lawsuit alleges ICE has failed to train, supervise and otherwise oversee sheriff’s deputies in Cobb County, where the three plaintiffs live. It also claims ICE has improperly delegated its power to local authorities.

“This is a bad thing, and it tears apart families,” said attorney Erik Meder, who filed the lawsuit. “While these people are certainly in the country illegally, they aren’t criminals and don’t deserve to be locked up and separated from their families.”

Immigration officials have broad discretionary power and should not be issuing a notice to appear � which initiates deportation proceedings � for illegal immigrants who are arrested and discovered to be in the country illegally after initially having been stopped for relatively minor offenses, the lawsuit says.

The program is part of the 1996 Immigration and Nationality Act, but wasn’t used much until 2006. It is intended to train state and local officers in immigration law enforcement and enables them to identify and detain illegal immigrants, who can then be turned over to ICE.

It has become a rallying point for immigrant rights activists all over the country who say it encourages racial profiling and discourages Latinos from reporting crimes for fear of being deported.

The inspector general of the Department of Homeland Security, which includes ICE, reported in March that the 287(g) program was poorly supervised and provided insufficient training to officers. The inspector general made recommendations for overhauling the program.

It was the second critical report for the program. The Government Accountability Office had criticized it in July 2009.

Meder said the program is unconstitutional because it “impermissibly delegates federal power to local authorities with insufficient oversight.”

Kuck doesn’t support the 287(g) program but said he believes Congress specifically authorized ICE to delegate enforcement authority to local entities.

“Unfortunately, I don’t think it’s unconstitutional,” he said. “I don’t think there’s any harm in challenging it, but I don’t expect the suit to go anywhere. And I certainly don’t think it will be given class-action status.”

Brittney Nystrom of the National Immigration Forum, a Washington-based immigrant advocacy organization, said she hasn’t heard of any other lawsuit that directly attacks 287(g) on its merits.

“Most of the advocacy around this program is that local authorities aren’t using the authority they’re given correctly, that there’s racial profiling, for example,” she said.

The three named plaintiffs in the lawsuit “each represent a different kind of abuse” of the program, Meder said.

One, a Mexican citizen who came to the U.S. legally in 2004 but overstayed her authorization, was arrested after a car crash for not having a driver’s license and is being deported.

The second, an illegal immigrant arrested on a shoplifting charge that she is fighting, is in deportation proceedings. But the lawsuit argues she should be able to stay until her criminal case is decided.

The third is an El Salvadoran immigrant who has legal authorization to work in the U.S. but was arrested in July on felony forgery charges. Authorities say he used a false immigration document to renew his driver’s license, a charge he denies.

Notice how there is nothing but blame. Local states have EVERY right to enforce laws. That is their job! These 3 immigrants are all illegal. 2 came here legally on work visa’s, 1 let her’s get delinquent, and the other forged documents because he too overstayed his visa. These are not law abiding citizens! They were not racially profiled. They got caught because they were INVOLVED in a crime! There is no abuse here. This lawsuit is frivolous and will be seen as such. What this local state is doing, is NOT unconstitutional, by any means. These people need to give it a rest. WE THE PEOPLE have spoken, now SHUT UP and LISTEN!

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24 10 2010
Louise

They know how to look really sad…but they always have used that as a stepping stone. Trust me they despise you and when they bring you food and feed you at their restaurants…youve been juked. Noboy likes beans and rice that much…they put ojo in the food…and laugh about it behind your back…They strongly believe in dark magic…even the sweetest ones. Next Lulac will be involved and you will be forced to hire a hispanic to deal with there troops that can but refuse to speak english. Then you will be changing the business literature to comply with spanish speaking customers. Take a close look at the places where you have Mexicans in charge of hiring. Once they get the position they hire there own. If they do hire a white or black he will be someone they know will fail so they can say “we tried”. I guess Caucasians have taught them well…but Mexicans are going to take all your jobs cause one thing they have is a plan and they stick together. African Americans couldnt get homes, jobs, or opportunities because you wanted to keep us in our place…well…these people are going to put you in yours…oh no maybe you see that an thats why you call them caucasian for demographic purposes. If you cant beat em join em…I dont think so

24 10 2010
Louise

kThi is typically how the plan works. Infiltrate an area then contest any illegal action brought against you. Remember the yourng girl who was attending college illegally and it wa a big deal. Then she was allowed to finish her education. These people have more rights than Americans Black or White. They have no official iD so they get carte blanche if they have a Tax ID number or a stolen ID that has no credit history. If you want to know where this is leading look at California and Corpus Christi. I look at construction sites and I dont see blacks or whites working. An illegal immigrant told me he works under the name and social of one of his dead cousins,, but his employer know it and he has a id and is buying a home….he laughingly said…we are stupid…and too lazy to stop them

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