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Court Blocks Alabama Student Citizenship Checks
ABC News ^ | Associated Press | JAY REEVES

Posted on 08/20/2012 4:45:31 PM PDT by rocksandbroncs

A federal appeals court has ruled that part of Alabama's tough immigration law that ordered public schools to check the citizenship status of new students is unconstitutional. The 11th Circuit Court of Appeals ruled Monday that the provision wrongly singles out children who are in the country illegally. Alabama was the only state that passed such a requirement. The 11th Circuit says a lower court should have blocked that part of the law. The court separately says Alabama police can continue checking immigration documents for people they stop. Both private groups and the Obama administration filed lawsuits to block the law considered the toughest in the country. The 11th Circuit was the first appeals court to consider the schools provision.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Alabama
KEYWORDS: alabama; citizenship; court; school
Something needs to be done about the way the employees we hire to the judicial system learn they are our employees not our bosses and that they cannot continue to legislate from the bench. Gingrich pointed out in the primary race that something needs to be done. I have no answer myself.
1 posted on 08/20/2012 4:45:39 PM PDT by rocksandbroncs
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To: rocksandbroncs

According to the US Constitution, a state may wage war to repel an invasion. Check.

According to this silly court, a state may not identify invaders in order to repel an invasion. Check.


2 posted on 08/20/2012 4:56:10 PM PDT by HiTech RedNeck (let me ABOs run loose, lew (or is that lou?))
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To: rocksandbroncs
This is another case of the court overstepping its bounds under the Constitution to make a ruling that flies in the face of all law and is flat out rediculous. There is no reason to negate that section of the law which calls for checking the citizenship of any student. They can apply all the rhetoric they wish to to substantiate their ruling, but it is all hogwash. One of these days, people are going to rise up against one of these bad rulings and create a bad situation. Then and only then will the idiots start to be rational in their decisions.
3 posted on 08/20/2012 4:57:03 PM PDT by maxwellsmart_agent
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To: rocksandbroncs
Our courts have largely overturned the basis of our political existence, representative government.

IIRC, Newt supported the disestablishment of whole lower courts and rejuvenation of the “with such exceptions and under such regulations” clause of Article III.

Every lower federal court exists at the pleasure of Congress. We could clear out a lot of rot by sending dozens of blackrobes home and starting over.

Oh, and no messy impeachments are necessary.

4 posted on 08/20/2012 4:58:22 PM PDT by Jacquerie (Exterminate rats.)
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To: rocksandbroncs
from slave owners, to slaves... Alabama judges ain't what they used to be
5 posted on 08/20/2012 4:59:20 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: rocksandbroncs
The 11th Circuit Court of Appeals ruled Monday that the provision wrongly singles out children who are in the country illegally.

Do they really have no idea how farcical that sounds?
6 posted on 08/20/2012 5:04:46 PM PDT by andyk (Go Juan Pablo!)
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To: rocksandbroncs
Here is Newt's response to judicial tyranny.
7 posted on 08/20/2012 5:05:38 PM PDT by Jacquerie (Exterminate rats.)
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To: maxwellsmart_agent

There’s the constitutional option: Wage war.


8 posted on 08/20/2012 5:06:02 PM PDT by HiTech RedNeck (let me ABOs run loose, lew (or is that lou?))
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To: rocksandbroncs

The federal court made its stupid decision. Now, let them enforce it.


9 posted on 08/20/2012 5:07:40 PM PDT by MasterGunner01 (11)
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To: Chode

How can it be illegal for State to check and see, if an illegal is illegal?

Why don’t we just pay Mexico to teach their kids in Mexico instead of doing it here.That’s pretty much what we are doing teaching Mexico’s kids in the US.

We pay for their births, we pay for their food stamps , we pay for their education and we give tham a break to go to our colleges that our own kids do not get.


10 posted on 08/20/2012 5:08:39 PM PDT by Venturer
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To: rocksandbroncs

provision wrongly singles out children who are in the country illegally.
.
.Wrongfully??????????????

The whole point of checking the status is to find illegals. What kind of specious reasoning calls it “wrong”.


11 posted on 08/20/2012 5:09:08 PM PDT by Adder (Da bro has GOT to go!)
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To: rocksandbroncs
The 11th Circuit Court of Appeals ruled Monday that the provision wrongly singles out children who are in the country illegally.

So could the court please point out the "rightly" way to single out "children who are in the country illegally", because, it's like, you know..... illegal!!!!

(this is real news, right? ABC, not Semi-News/Semi-Satire?)

12 posted on 08/20/2012 5:10:55 PM PDT by jeffc (The U.S. media are our enemy)
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To: Venturer
100%
13 posted on 08/20/2012 5:24:05 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: rocksandbroncs
It's not the job of a school to enforce immigration policy.

The Kenyan must go.

14 posted on 08/20/2012 5:56:22 PM PDT by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: Venturer

I know it’s crazy.

There are just to many federal laws passed by Democrats of the last few decades that make it almost impossible for the states to deal with this.

The congress will have to start passing laws after Romney is elected to allow states to deal with illegal if they so wish.


15 posted on 08/20/2012 6:08:48 PM PDT by TexasFreeper2009 (Obama lied .. the economy died.)
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To: rocksandbroncs

“Alabama’s tough immigration law that ordered public schools to check the citizenship status of new students is unconstitutional.”

I’m sorry, but last I checked the public schools are for American children, and those who are here legally.

Taxpayers should not have to foot the bills for these human cockroaches.

Yet everytime on the local news they show some leach with some sob story, and a half dozen anchor babies saying that “they came here to *sniff sniff* have a better life”. They want a better life, they should keep their asses in their own country and fix their own mess, instead of coming here to bleed us dry and turning us into a third world rat hole like they came from. /rant


16 posted on 08/20/2012 7:05:21 PM PDT by 2CAVTrooper ( For those who have had to fight for it, freedom has a flavor the protected shall never know.)
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To: rocksandbroncs

The 11th Circuit Court of Appeals ruled Monday that the provision wrongly singles out children who are in the country illegally.

This is one of the stupidest statements I ever heard.


17 posted on 08/20/2012 7:09:02 PM PDT by SECURE AMERICA (Where can I sign up for the New American Revolution and the Crusades 2012?)
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To: rocksandbroncs

The State should enforce it anyway, screw the Court.


18 posted on 08/20/2012 7:12:52 PM PDT by MCF
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To: rocksandbroncs
Either they are residents of the State of Alabama or a resident of another State. If they are residents of Alabama, then they should be offered out-of-state tuition rates.

Alabama (and all states) should make a rate for none US State residents, out-of-state citizens, along with in-state tuition rates. This would weed out the illegals or those here on US State Department Entry Visa's.

19 posted on 08/20/2012 7:19:25 PM PDT by Jumper
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To: All


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20 posted on 08/20/2012 7:21:07 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Jumper

Let me restate that, residents of the state should get in-state tuition; out-of-state “state” residents the higher rate, and if not a “state” resident of one of the 50 states possibly another rate. ,p>Having worked for the US Department of State, it seems only someone with a valid passport and visa or proof of state residency should receive US student tuition rates; we should charge foreigners twice the out-of-state rate:)


21 posted on 08/20/2012 7:23:29 PM PDT by Jumper
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To: SECURE AMERICA
“The 11th Circuit Court of Appeals ruled Monday that the provision wrongly singles out children who are in the country illegally.”

This is an example of one hand not knowing what the other is doing. Schools are required by the federal government to report annually the number of students who have been in the US less than two years.

The schools are required to provide special services to students, whose native language is not English. They are required to provide special services for migrant students.

It really gets stupid, when a school is forbidden to ask if a student is an illegal alien, yet wants to know the number of aliens in the school. I know that some schools look at birth places, where and when the student originally enter school, and try to determine the number that way.

The data collected for the federal government is highly inaccurate. Plain old GIGO (Garbage in, Garbage out).

22 posted on 08/20/2012 7:59:48 PM PDT by Yulee (Village of Albion)
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To: rocksandbroncs

So..... Traffic stops are unconstitutional because they have undue impact on drunks?

CC


23 posted on 08/20/2012 8:03:27 PM PDT by Captain Compassion
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To: 2CAVTrooper
Yet everytime on the local news they show some leach with some sob story, and a half dozen anchor babies saying that “they came here to *sniff sniff* have a better life”.

You make an important point, here, once more. Should the child born on US soil of an alien mother, be granted US citizenship?

This brings up a related problem when the babe is also the issue of a US man not lawfully wedded to the alien mother.

Do not other countries have policies regarding this? Suppose a couple, born-USA citizens, have a child while travelling in France. Is that child a citizen of France or the US? Is France liable for that child's welfare henceforth? I wouldn't think so, but would only extend the protection offered a tourist or someone operating under a business visa --

Is it not up to the parent/mother to get the child back into and under the protection of the rule of its own 'native' land?

24 posted on 08/20/2012 11:54:10 PM PDT by imardmd1
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To: imardmd1

“You make an important point, here, once more. Should the child born on US soil of an alien mother, be granted US citizenship?”

No, that child should not be a citizen.

“This brings up a related problem when the babe is also the issue of a US man not lawfully wedded to the alien mother.”

In a case like that, the child can have it one of three ways, U.S. citizen at the request of the father, foreign citizenship at the request of the mother, or dual citizenship. More than likely dual citizenship would be offered.

“Do not other countries have policies regarding this? Suppose a couple, born-USA citizens, have a child while travelling in France. Is that child a citizen of France or the US? Is France liable for that child’s welfare henceforth? I wouldn’t think so, but would only extend the protection offered a tourist or someone operating under a business visa —”

My wife was born in Germany while her father was stationed there, and she’s not a German citizen. The German government didn’t spend a single Pfennig on her.

IMO, hospitals should be required to ask where these illegals are from, so that the appropriate embassy or consulate can be billed for the healthcare of their citizens.


25 posted on 08/22/2012 7:38:38 PM PDT by 2CAVTrooper ( For those who have had to fight for it, freedom has a flavor the protected shall never know.)
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