The illegal immigration story Obama doesn’t want you to hear

Hello. I’m Wayne Allyn Root for Personal Liberty. And I’ve got good news! A federal judge has just ruled that Barack Obama’s executive action on amnesty for illegal immigrants violates the separation of powers and is, therefore, unconstitutional. Glory hallelujah! We’ve finally found one judge in all of America who actually recognizes the law and is brave enough to enforce it.

But in our country and our republic it’s not just the legal court that matters; it’s the court of public opinion that finally determines winners and losers. Unfortunately, the court of public opinion is Obama’s “home court” because he is a master salesman who understands that “facts tell, but stories sell.” Emotional personal stories are always necessary to close the sale. If you want to sell anything from a used car to stocks to a dishwasher to public policy, there is no better way than telling a great, emotional and compelling personal story, preferably a tear-jerker.

Forget the facts. Obama never uses facts to sell his policies because liberals never have facts on their side. He uses stories — great stories. Take illegal immigration. No country in history has survived with open borders. A welfare state (like today’s America under Obama) that allows in millions of poor, desperate, uneducated illegal immigrants with open hands and open mouths, looking for cradle-to-grave welfare, can never survive. Obama won’t tell you what illegal immigration has done to California’s budget: the massive increase in the cost of police, courts and prisons. He won’t mention the destruction of public schools or the massive welfare debt turning California into a bankrupt hellhole like Greece — or Detroit. He won’t mention that California’s taxes are now among the highest in the nation because of the costs of illegal immigration.

Or look at my hometown of Las Vegas. Obama announced his amnesty plan here. But he won’t tell you that 70 percent of the public school students in Las Vegas take English as a second language, while about 70 percent of the students receive free breakfasts and lunches at school. That’s not a coincidence. The costs of illegal immigration are taking away the resources to teach the children of legal American citizens reading, writing and math. School budgets are drowning under the weight. Illegal immigration is literally bankrupting our school system, medical system and legal system. The taxes necessary to pay for all this is burying the once-dynamic American economy.

Since Obama can’t sell his illegal amnesty policy with facts, he has to tell stories. So he tells the story of a young illegal immigrant gal in Las Vegas studying for her master’s degree. “Do we want to deport her?” he asks. “Is that the kind of country we are?” Obama is trying to say that this young Vegas gal represents “the American dream” and she is representative of all illegal aliens. Brilliant! He’s playing on our heartstrings — no facts, just emotional personal stories.

Well, two can play at that game. I’ve got a compelling personal story from Las Vegas for the GOP to use. Thanks to my friend Chuck Muth for passing on this story. Muth is one of the great conservative activists in this country. He’s also one of the few conservative leaders who understands how to sell conservatism — with personal and emotional stories. This one is a powder keg. This story not an American dream; it’s an American nightmare. Tell this story from coast to coast, and Obama’s plans for illegal immigration amnesty are DOA (dead on arrival).

In Las Vegas, days before this past Thanksgiving, a Las Vegas grandfather named Michael Grubbs was walking his granddaughter in a stroller alongside the road was struck and killed by a reckless, possibly drunk, driver. Worse, that driver never bothered to check if the grandfather or the baby was alive. The driver gunned the gas and sped off, leaving a good man to die in the street. That’s called “hit and run” — one of the most heinous crimes in our society.

Days later, Galina Kilova decided to turn herself in (through a lawyer). Did she wait days because she was “under the influence” and wanted all drugs or alcohol to clear her system? We’ll never know.

What we do know is this terrible person, this alleged hit-and-run driver is an illegal alien. The Las Vegas Sun reported: “Records show Kilova entered the country in 2006 on a nonimmigrant visa, which permitted her to stay in the country for six months…”

We know she was arrested before, back in 2007, on charges of — can you guess? — “driving without a valid license, failure to use due care and driving under the influence of alcohol.”

Was she deported then? Of course not. Why? Because of bleeding-heart radical community activists like Obama. Or perhaps she was working on her master’s degree.

If the law had been followed and this illegal alien deported then, Grubbs would still be alive and would have celebrated Thanksgiving with the family he loved. One-year-old Brooke would grow up with a beloved grandpa. But now that will never happen. Brooke will never even remember her grandfather. Grandpa Michael will never see or hear or touch his family again.

Worse than even that, after turning herself in on a felony hit-and-run charge, this illegal alien was soon released from jail. Again. The system doesn’t work. Why? Because of liberals, lawyers and radical community activists like Obama.

Finally, on Dec. 9, a week after being released on bond, the Bulgarian-born Kilova was taken into U.S. Immigration and Customs Enforcement custody.

This is the story that needs to be told by the GOP day and night. Make 1-year-old Brooke and her dead grandpa, Grubbs, the faces of the anti-amnesty story. Stories sell. And this story is a nuclear weapon that blows Obama’s dreams to smithereens. Shout this story from the mountaintops. Put the faces of Grubbs and Brooke on TV commercials 24 hours a day. Like Willie Horton, the murderer paroled by Michael Dukakis who obliterated Dukakis’ 1988 presidential campaign, this emotional story will obliterate Obama’s illegal amnesty.

GOP, are you listening? Facts tell, but stories sell. This story trumps any story Obama tells. This story kills amnesty forever. This story seals the border. Or this story ignites a revolution by law-abiding, taxpaying, legal American citizens. We need an emotional story that incites “we the people” to wake up and take charge — before our country is gone forever.

This Christmas season remember Grubbs and his little angel, Brooke. Then call your congressman and senators. Let’s stop amnesty dead in its tracks by taking a page from Obama’s playbook. Facts tell, but stories sell. Like Obama, conservatives need a plan to overwhelm the system. Instead of Cloward-Piven, I’ll call this plan “The Michael Grubbs and Brooke Trinidad Memorial Plan to Secure Our Borders.”

I have made an attempt at naming all the judges

Alabama

Alabama HB 56, titled the Beason-Hammon Alabama Taxpayer and Citizen Protection Act,[1] is an anti-illegal immigration bill, signed into law in the U.S. state of Alabama in June 2011. As of 2011, it is regarded as the nation’s strictest anti-illegal immigration law, tougher than Arizona SB 1070.[2]
The law, written in large part by Kansas Secretary of State Kris Kobach,[3][4] and cosponsored by Alabama Representative Micky Hammon and Alabama State Senator Scott Beason,[5] was passed by the Alabama House of Representatives and Alabama Senate with widespread legislative support.[6] It was then signed into law on June 9, 2011, by Governor Robert J. Bentley.[6]
The Alabama law requires that if police have “reasonable suspicion” that a person is an immigrant unlawfully present in the United States, in the midst of any legal stop, detention or arrest, to make a similarly reasonable attempt to determine that person’s legal status. An exemption is provided if such action would hinder an official investigation of some kind.[2]
The law prohibits illegal immigrants from receiving any public benefits at either the state or local level. It bars illegal immigrants from attending publicly owned colleges or universities [currently blocked[7]]. At the high, middle, and elementary public school levels, the law requires that school officials ascertain whether students are illegal immigrants. Attendance is not prohibited for such students; school districts are mandated to submit annual tallies on the suspected number of illegal immigrants when making report to state education officials.[2][8]
The law prohibits the transporting or harboring of illegal immigrants [currently blocked[7]]. It prohibits landlords from renting property to illegal immigrants. It forbids employers from knowingly hiring illegal immigrants for any job within Alabama. Moreover, it considers as a discriminatory practice any action to refuse to employ or remove a legal resident of the state when an illegal one is already employed [currently blocked[7]]. The law requires large and small businesses to validate the immigration status of employees using the US E-Verify program. The law prohibits illegal immigrants from applying for work.[currently blocked[7]][2]
The production of false identification documents is considered a crime. Contracts formed in which one party is an illegal immigrant and the other has direct knowledge of that are deemed null and void. The law also requires voters to provide proof of citizenship when registering.[2]
On August 29, 2011, U.S. Judge Sharon Lovelace Blackburn, sitting for the United States District Court for the Northern District of Alabama, temporarily blocked enforcement of the law, saying she needed more time to study the case.[8] On September 28, 2011, Judge Blackburn gave the green light to key parts of the law.[7]

U.S. Judge Myron Herbert Thompson, sitting for the United States District Court for the Middle District of Alabama, blocked an additional portion of the law on November 23, 2011, that prevented undocumented immigrants from obtaining certain mobile home registrations

According to the settlement filed in the U.S. Northern District Court these provisions of HB 56, including some that courts had already blocked, are now permanently blocked:

Section 10, which criminalized failing to register one’s immigration status, was initially blocked by the U.S. Court of Appeals for the 11th Circuit and now has been permanently blocked.

Section 28, which required schools to verify the immigration status of newly enrolled K-12 students was initially blocked by the 11th Circuit and now has been permanently blocked.

Section 13, which criminalized giving a ride or renting to someone who is undocumented, was initially blocked by the U.S. District Court in Birmingham and now has been permanently blocked.

Section 11(a), which criminalized the solicitation of work by unauthorized immigrants, was initially blocked by the District Court in Birmingham and now has been permanently blocked.

Sections 11(f) and (g), which criminalized day laborers’ First Amendment right to solicit work, was initially blocked by the District Court in Birmingham and now have been permanently blocked.

Section 27, which infringed on the ability of individuals to contract with someone who was undocumented, was initially blocked by the 11th Circuit and now has been permanently blocked. - See more at: http://immigrationimpact.com/2013/10/30/alabamas-hb-56-anti-immigrant-law-takes-final-gasps/#sthash.y4kGnzJ9.dpuf

(It’s almost always hard to find out a judges name)
http://serenityhome.wordpress.com/2012/03/02/11th-circuit-court-hearings-on-hb-56hb-87/
Judges Martin, Wilson and Voorhees from North Carolina U.S. Court of Appeals for the 11th Circuit

After the U.S. Department of Justice and a coalition of groups appealed that ruling, the 11th Circuit Court of Appeals on October 14, 2011, again put several key provisions on hold until the issues of constitutionality could be addressed, including the requirement on schools to collect information on enrolling students’ immigration status.

DOJ Establishes Alabama Civil Rights Unit in Wake of Illegal Immigration Crackdown
Published August 22, 2012
http://latino.foxnews.com/latino/news/2012/08/22/doj-establishes-alabama-civil-rights-unit-in-wake-illegal-immigration-crackdown/
The Justice Department will establish its first civil rights unit in the southern state of Alabama, the agency said Tuesday — a development that comes in the wake of the state’s crackdown on illegal immigration, which raised concerns about Alabama’s compliance with federal laws.

While the unit wasn’t formed as a direct result of Alabama’s immigration law — parts of which have been blocked by federal courts — officials said it would examine issues related to immigrants and also matters involving fair housing laws, police brutality claims, compliance with federal disability laws and minority protection.

Alabama HB56
• Justice Department warns Alabama law enforcers on immigration (Tells them not to enforce the law)
MSNBC ^ | 12/7/2011 | By Pete Williams and Kari Huus
The Justice Department has sent a letter to dozens of local law enforcement agencies in Alabama that receive federal money, warning them that they risk losing that funding if they’re not careful in how they enforce the state’s tough new immigration law. The Obama administration has already sued the state, claiming that the law is unconstitutional. Now it’s keeping the pressure on by addressing how the law is carried out. The law, HB56 passed by the Alabama Legislature in June, attempts to combat illegal immigration by establishing harsh penalties for employers who hire undocumented workers

• Feds Request Data On All Alabama Students
NPR ^ | November 2, 2011 | The Associated Press
The U.S. Justice Department is asking every school district in Alabama to hand over enrollment information about all their students as part of a lawsuit challenging Alabama’s new immigration law. The department sent letters to all school systems Monday telling them to provide the lists, including the names of students who have withdrawn from school and the date they withdrew. The Justice Department says it’s concerned that Alabama’s tough new immigration law may chill student participation.

• Feds Say They Have ‘Express Authority’ to Investigate Alabama Public Schools Over Immigration
FoxNews.com ^ | November 05, 2011 | unattributed
WASHINGTON – The Justice Department on Friday told Alabama’s attorney general that it has the “express authority” to investigate potential federal civil rights violations in Alabama’s public schools authorized by the state’s controversial new immigration law. Assistant US Attorney General Thomas Perez informed Alabama Attorney General Luther Strange of the federal government’s powers two days after Strange requested that the Justice Department cite what legal authority it had to collect enrollment data on Hispanic students in his state’s public schools.

Alabama’s HB 56 was signed into law in June of 2011.

The 11th Circuit Court of Appeals in Alabama blocked some portions of the law on August 20, 2012. I can’t find their names or how they voted.

HB 56 requires police to have reasonable suspicion during a legal stop, detention or arrest before attempting to determine if they are in our country legally.

The law prohibits illegal aliens from receiving public benefits at the state or local level.

It bars illegal aliens from attending publicly owned colleges or universities. BLOCKED BY JUDGES

It requires public schools to tally the number of illegal aliens attending.

It prohibits the transporting or harboring of illegal aliens. BLOCKED BY JUDGES

It prohibits landlords from renting property to illegal aliens.

It prohibits employers from knowingly hiring illegal aliens.

It makes it illegal to only hire illegal aliens. BLOCKED BY JUDGES

It requires businesses use E-Verify

It prohibits illegal aliens from applying for a job. BLOCKED BY JUDGES

It makes false identification a crime.

Contracts with illegal aliens are null and void.

It requires proof of citizenship when registering to vote.

http://en.wikipedia.org/wiki/Alabama_HB_56

Arizona

Court orders Arizona to let Dreamers get driver’s licenses
Nov 24, 2014
By Griselda Nevarez
http://voxxi.com/2014/11/24/court-arizona-dreamers-driver-licenses/
A federal appeals court on Monday rejected a request from Arizona Gov. Jan Brewer to reconsider a previous ruling blocking her denial of driver’s licenses to Dreamers protected from deportation under a federal program.
The decision by the 9th Circuit Court of Appeals essentially paves the way for Dreamers in Arizona who’ve been approved for the Deferred Action for Childhood Arrivals (DACA) program to be able to apply for driver’s licenses in the state.

Another Arizona Immigration Law Struck Down By Federal Court [Rule By District Judge!]
CBSNews ^ | November 08, 2014
November 8, 2014 Another Arizona Immigration Law Struck Down By Federal Court PHOENIX — Arizona’s frustrations over federal enforcement of the state’s border with Mexico spawned a movement nearly a decade ago to have local police confront illegal immigration. Now, the state’s experiment in immigration enforcement is falling apart in the courts. A ruling Friday that struck down the state’s 2005 immigrant smuggling law marks the latest in a string of restrictions placed by the courts on Arizona’s effort to get local police to take action on illegal immigration. The law made smuggling undocumented immigrants a state crime

Arpaio’s office guilty of profiling, judge rules
Arizona Daily Star ^ | Howard Fischer | Capital Media Services
Judge Murray Snow found Phoenix Sheriff Joe Arpaio guilty of arresting illegal aliens saying that the sheriff was not qualified to determine if they were illegal aliens.

Judge Snow was particularly miffed that the sheriff continued arresting illegal aliens after the Department of Homeland Security had told the sheriff to ignore the legally legislated written law.

Appeals Court Rules Arizona Day Laborer Ban Unconstitutional (9th Circus Kangaroo Court)
Stand With Arizona ^ | 03-04-2013 | John Hill
Susan R. Bolton, District Judge, Presiding

by John HillStand With ArizonaWebsite The 9th Circus Kangaroo Court of Appeals in San Fransicko has once again ruled in favor of illegal aliens and against American workers. This time the Court upheld an injunction blocking an Arizona law - part of S.B. 1070 - which bars drivers soliciting illegal alien day laborers. The Court ruled the ban “violates the constitution’s free speech guarantee”. The injunction was first imposed in February 2012 when U.S. District Court Susan Bolton in Phoenix ruled that statutes prohibiting people from stopping their cars to hire and pick up day laborers...

http://law.justia.com/cases/federal/appellate-courts/ca9/12-15688/12-15688-2013-03-04.html
Valle Del Sol v. Whiting
Filed March 4, 2013
Susan R. Bolton, District Judge, Presiding
Before: Raymond C. Fisher, Richard C. Tallman and Consuelo M. Callahan, Circuit Judges

A court legislated law by the 9th circuit makes it illegal for Arizona to prohibit cars stopping in traffic to pick up illegal alien laborers.

Earlier Ruling
Lacey et al v Arpaio et al; Case Number 09-15703 before the Ninth Circuit
http://cdn.ca9.uscourts.gov/datastore/opinions/2012/08/30/09-15703.pdf

Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding
Argued and Submitted December 14, 2011—San Francisco, California
Filed August 29, 2012
Before: Alex Kozinski, Chief Judge, Mary M. Schroeder, Harry Pregerson, Stephen Reinhardt, William A. Fletcher, Raymond C. Fisher, Richard C. Tallman, Johnnie B. Rawlinson, Jay S. Bybee, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.
Opinion by Judge Bybee; Dissent by Chief Judge Kozinski; Dissent by Judge Tallman

U.S Justice Department to Monitor Elections in Arizona County
Fox News Latino/AP ^ | August. 27, 2012
Phoenix – The Department of Justice says it will monitor primary elections in Arizona’s Maricopa County — home to controversial Sheriff Joe Arpaio, a lightning rod for the country’s contentious immigration debate. The department said Monday that federal observers will be dispatched Tuesday to make sure that Maricopa County follows the federal Voting Rights Act of 1965

• CALL NOW! DOJ Sets Up “Hotline” For Illegals to Complain About Arizona’s SB1070
Stand With Arizona ^ | 06-27-2012 | John Hill
The Obama Administration shows us once again who is its TRUE constituents: ILLEGAL ALIENS. The Department of Justice, angered by the Supreme Court unanimously upholding Arizona’s ability to check the immigration status of anyone stopped by police under S.B. 1070 - has setup a “hotline” to report “civil rights” concerns under the new law. The Justice Department has set up a hotline for the public to report potential civil rights concerns regarding the Arizona law that requires police to check the immigration status of those they stop for other reasons. Meanwhile, where’s the “hotline” for CITIZENS who have lost their jobs...
• Justice Dept. Plans to Sue Ariz. Sheriff Arpaio
ABC news ^ | May 10, 2012 (AP) | AP - PHOENIX
Federal authorities say they intend to file a lawsuit against Arizona sheriff Joe Arpaio and his department over allegations of civil rights violations.

• Govt asks justices to stay out of immigration case
Associated Press ^ | Thursday, November 10, 2011 9:01 PM EST | PETE YOST
WASHINGTON (AP) — The Justice Department on Thursday urged the Supreme Court to stay out of a lawsuit involving Arizona’s immigration law, saying lower courts properly blocked tough provisions targeting illegal immigrants. The state law is a challenge to federal policy and is designed to establish Arizona’s own immigration policy, the department’s solicitor general said in a filing with the justices. Arizona says the law is an effort to cooperate with the federal government. *** Arizona Gov. Jan Brewer is seeking to overturn the judge’s decision and wants Supreme Court review of the case,

Circuit court rules illegal immigrants have a right to bail
The Washington Times ^ | October 15, 2014 | Stephen Dinan
Illegal immigrants have the same constitutional right to bail that U.S. citizens do, a federal appeals court ruled Wednesday in a decision striking down an Arizona statute designed to make sure criminals without any community ties didn’t flee in the face of a looming trial. The 9th U.S. Circuit Court of Appeals, in a 9-2 decision, ruled that Arizona’s voters, who passed the statute in a 2006 referendum, were actually trying to punish illegal immigrants rather than trying to reduce the risk of flight by those charged with serious felonies.

http://lawprofessors.typepad.com/immigration/2014/10/ninth-circuit-strikes-down-arizona-no-bail-provision-for-immigrants.html

9th Circuit
Judge Fisher wrote the opinion for the court, joined by Chief Judge Kozinski, and Judges Thomas, McKeown, Berzpon, Bybee, M. Smith and Nguyen joined in full, with Judge Watford joining all but one part of the opinion.

Concurring , Judge Nguyen agreed with the majority that Proposition 100 violates substantive due process.

Dissenting, Judge Tallman, joined by Judge O’Scannlain, stated that Proposition 100 is not excessive in relation to Arizona’s compelling regulatory interest in ensuring that undocumented immigrants who commit serious felony offenses stand trial.

California

• Feds sue San Diego hospital over immigrant workers
AP via SFGate ^ | 12/6/11
The U.S. Justice Department said Tuesday that it has sued a major San Diego hospital, saying it discriminated against immigrant employees and job applicants. The department said UCSD Medical Center demanded excessive documentation from non-citizen job applicants and employees to prove they were eligible to work.

In 1977, The California Supreme Court ordered the Los Angeles School District to come up with a plan to desegregate their schools. The school district came up with forced bussing and parents moved out of the Los Angeles School District.

Special Order 40 is a police mandate implemented in 1979 by the Los Angeles Police Department (LAPD), its Police Chief Daryl Gates and the Los Angeles City Council preventing LAPD officers from questioning people for the sole purpose of determining their immigration status. The mandate was passed in an effort to encourage residents who are in the country illegally to report crimes without intimidation.

Officers shall not arrest nor book persons for violation of title 8, section 1325 of the United States Immigration code (Illegal Entry).

Los Angeles became a sanctuary city.

Back in 1994, Californians had had enough and voted for proposition 187, it passed 58.93% to 41.07%. Proposition 187 required law enforcement to report illegal aliens to the federal immigration and Naturalization Service.
It prevented local governments from limiting enforcement.
It prohibited government benefits to illegal aliens.
It prohibited illegal aliens from receiving health care from publicly funded health care facilities.
It prohibited illegal aliens from attending elementary or secondary schools.
It made the manufacture, distribution, sale or use of false citizenship or residency documents a state felony.

Judge Mariana Pfaelzer overturned the majority of the law. http://en.wikipedia.org/wiki/Mariana_Pfaelzer

Florida

Judge: Florida cannot charge students non-resident tuition due to parents [10th Amendment Alert]
Orlando Sentinel ^ | 9/4/12 | Curt Anderson
A court legislated law by U.S. District Judge K. Michael Moore says that Florida students cannot be charged higher non-resident tuition simply because their parents may be in the U.S. illegally.

http://law.justia.com/cases/federal/appellate-courts/ca9/12-15098/12-15098-2012-09-25.html

Sheriff Can’t Detain Suspected Illegal Aliens
Courthouse News Service ^ | 09/26/2012 | Tim Hull
A court legislated law says that Sheriff Joe Arpaio may not detain suspects based solely on a belief that they are in the country illegally, the 9th Circuit ruled. The federal appeals panel in San Francisco late Tuesday upheld a preliminary injunction in a class action over the sheriff’s alleged pattern of racial profiling.
G. Murray Snow, District Judge, Presiding
Before: Wallace, Graber, and Berzon, Circuit judges
Opinion by Judge Wallace, Senior Circuit judge

• Meet the Radical DOJ Lawyer Suing Florida to Keep Foreigners on Voter Rolls
PJ Media ^ | 6-12-2012 | J. Christian Adams
June 12, 2012 Meet the Radical DOJ Lawyer Suing Florida to Keep Foreigners on Voter RollsJ. Christian Adams The DOJ filed a complaint against Florida today to stop Florida from removing ineligible non-citizens from the voter rolls. (Yesterday DOJ, disgracing long established tradition, leaked this impending news to a sycophantic blogger.) Florida has already discovered noncitizens who voted illegally in previous elections.The lawsuit filed today seeks to stop Florida from purging non-citizens from Florida voting rolls. No word on whether Eric Holder’s Justice Department will be filing criminal charges against the foreigners who illegally registered to vote.

Hawaii

Federal Court Invalidates Law That Bars Aliens From Acquiring Firearms
Josh Blackman’s Blog ^ | September 18, 2014 | Josh Blackman
Under Hawaii law, a lawfully admitted permanent resident was not permitted to apply for a firearm permit because he was not yet a citizen. A federal district court invalidated this practice, finding an unlawful classification based on alienage under the Equal Protection Clause and the Second Amendment. The undisputed facts establish that Fotoudis, as a lawful permanent resident alien of the United States (and resident of Hawaii), was denied the opportunity to apply for a permit to acquire firearms solely because of his alienage.3 This classification violates the equal protection clause of the U.S. Constitution. HRS § 134-2(d) is thus...

Referring Judge: RICHARD L. PUGLISI
Presiding Judge: J. MICHAEL SEABRIGHT
Case Number: 1:2014cv00333
Filed: July 24, 2014

Maryland

Appeals court says arrest of illegal immigrant violated her constitutional rights
http://articles.washingtonpost.com ^ | August 7, 2013 | Pamela Constable
A federal appeals court, in a strong rebuff to local law enforcement agencies that aggressively pursue people they suspect of being illegal immigrants, ruled Wednesday that the Frederick County Sheriff’s Office did not have the right to arrest Roxana Santos, a Salvadoran dishwasher who was seized while eating a sandwich outside her workplace in the fall of 2008 and jailed for the next 45 days. The ruling, from the U.S. Court of Appeals for the 4th Circuit, based in Richmond, appeared to clarify and strengthen a somewhat ambiguous Supreme Court decision last year in Arizona v. United States

WYNN, Circuit Judge: Affirmed in part, vacated in part, and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge DAVIS and Judge SPENCER concurred http://caselaw.findlaw.com/us-4th-circuit/1641138.html#sthash.vtMmq4vb.dpuf

United States Court of Appeals,Fourth Circuit. Roxana Orellana SANTOS, Plaintiff–Appellant, v. FREDERICK COUNTY BOARD OF COMMISSIONERS; Charles Jenkins, Frederick County Sheriff, in his official and individual capacity; Jeffrey Openshaw, Frederick County Deputy Sheriff, in his official and individual capacity; Kevin Lynch, Frederick County Deputy Sheriff, in his official and individual capacity, Defendants–Appellees, Julie L. Meyers, former Assistant Secretary for Homeland Security of Immigration and Customs Enforcement, in her official and individual capacity; Calvin McCormick, Field Office Director of the ICE Office of Detention and Removal, in his official and individual capacity; James A. Dinkins, Special Agent in Charge of the ICE Office of Investigations, Baltimore, MD, in his official and individual capacity, Defendants. Immigration Reform Law Institute, Amicus Supporting Appellees.

No. 12–1980. Decided: August 7, 2013

Before DAVIS and WYNN, Circuit Judges, and James R. SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation. ARGUED:John Carney Hayes, Jr., Nixon Peabody, LLP, Washington, D.C., for Appellant. Sandra Diana Lee, Karpinski, Colaresi & Karp, P.A., Baltimore, Maryland, for Appellees. ON BRIEF:Daniel Karp, Karpinski, Colaresi & Karp, Baltimore, Maryland, for Appellees. Michael M. Hethmon, Garrett R. Roe, Immigration Reform Law Institute, Washington, D.C., for Amicus Supporting Appellees.

Montana

Montana to appeal judge’s immigrant law ruling
AP ^ | 22 Aug 2014 | Matt Volz
Montana’s attorney general plans to appeal a judge’s ruling that a voter-approved law requiring immigration checks of anybody applying for state services goes against federal immigration laws. The 2011 Republican-led Legislature wrote the proposal meant to deny government jobs and assistance to people who are in the U.S. illegally. Legislators sent the plan to the 2012 ballot, where the referendum passed with nearly 80 percent of the vote

http://www.reuters.com/article/2014/06/23/us-usa-immigration-montana-idUSKBN0EY2EG20140623
The law, approved by more than 80 percent of Montana voters in 2012, barred state agencies from providing everything from crime victim services to unemployment benefits to illegal immigrants.

District Judge Jeffrey Sherlock found the Montana statute unlawfully sought to usurp federal authority, from denying services like enrollment at state universities to creating the legal term “illegal alien” to describe those living unlawfully in the United States, a term that does not exist in federal law.

Nebraska

Judge orders Nebraska to allow concealed-carry permits for legal non-citizens who qualify
Associated Press ^ | October 23, 2013 | NA
LINCOLN, Nebraska — A federal judge in Nebraska has ordered the state to stop enforcing a law that prevents legal, non-citizens from getting a permit to carry a concealed handgun...
U.S. District Judge Richard Kopf

Nevada

• DOJ sues Las Vegas casino for screening non-citizen workers
Examiner.com ^ | 06/01/2012 | Jim Kouri
While proponents of immigration enforcement have been told that the federal government monitors the hiring of illegal aliens by the private sector, including adherence to the federal employment verification (I-9) program, Attorney General Eric Holder’s Justice Department appears to have made a decision to penalize organizations that zealously comply. For example, on Thursday the Justice Department announced that it filed a civil lawsuit against the Tuscany Hotel and Casino in Las Vegas, Nevada, accusing the company of engaging in “a pattern or practice of discrimination in the employment eligibility verification and re-verification process.”

Pennsylvania

• Justice Department probes Pennsylvania voter ID law
Reuters ^ | 7/23/2012
The Department of Justice is investigating whether Pennsylvania’s new voter identification law discriminates against minorities, according to a letter released on Monday. In a step toward a possible federal lawsuit under the Voting Rights Act, the Justice Department sent a letter to Pennsylvania Secretary of the Commonwealth Carol Aichele asking for data on the state’s registered voters. Passed in 1965 during the peak of the civil rights era, the Voting Rights Act bans rules that make it more difficult for minorities to vote. The Justice Department will analyze the Pennsylvania data to determine if voters who lack proper ID under...

South Carolina

• U.S. Justice Department blocks S.C. voter ID law
Myrtlebeach Injury Board ^ | December 28, 2011 10:38 AM | ADAM BEAM
The U.S. Justice Department has blocked South Carolina’s controversial voter ID law, saying it would prevent black people from voting. It was the first voter ID law to be refused by the federal agency in nearly 20 years. The decision means voters will not have to show a Department of Motor Vehicles-issued driver’s license or photo ID card, a U.S. military ID or a U.S. passport. And it means the state, which says it plans to appeal the decision in court, will spend time and taxpayer dollars on the second such lawsuit during Gov. Nikki Haley’s term.
• Justice Department Sues South Carolina for Immigration Enforcement Law
NumbersUSA.com ^

• South Carolina immigration law challenged by Justice Dept.
MSDNC ^ | 10/31/11
President Barack Obama’s administration sought on Monday to block parts of South Carolina’s new immigration law, arguing that the federal government had preeminent authority over immigration matters. The Justice Department is asking a federal court to intervene, bringing to three the number of states the Obama administration is suing over immigration crackdowns. The court filing sought an injunction against portions of the state law, which is set to take effect on Jan. 1 and toughens measures against undocumented immigrants. The government earlier challenged Alabama’s new law.

Texas

• Justice Department to Monitor Elections in Texas
USDOJ ^ | May 25, 2012 | STAFF
The Justice Department announced today that it will monitor primary elections on May 29, 2012, in Fort Bend, Harris and Jefferson Counties in Texas, to ensure compliance with the Voting Rights Act of 1965 and other federal voting rights statutes. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group. In addition, the act requires certain covered jurisdictions to provide language assistance during the election process.

• Justice Department files objection to Texas voter ID law
Monday, March 12, 2012 1:05:48 PM • by antidemoncrat • 11 replies
Fox News ^ | 3/12/2012
The Justice Department is trying to block the law, saying the state failed to demonstrate that it is not discriminatory by design against Hispanic voters.
• Eric Holder Takes the Fight for Voting Rights to Texas
Time Magazine ^ | July 27, 2013 | Hilary Hylton
After a key provision in the Voting Rights Act was struck down by the Supreme Court in June, the Obama Administration turned to another tactic to seek pre-clearance for changes to election laws, starting with the Lone Star State. In Texas, following Holder’s announcement, the DOJ claimed clear evidence of discrimination both in the past and present, and asked a federal court to impose at least 10 years of required pre-clearance. Holder also pledged to block a Texas voter ID law passed in 2011 that state Attorney General Greg Abbott had green-lighted immediately following the Supreme Court’s Shelby County ruling...

Utah

• Justice Department Sues Utah Over Immigration Law
Guardian (UK) ^ | November 22, 2011
Justice Department Sues Utah Over Immigration Law Legal action claims Utah law signed by Governor Gary Herbert earlier this year supplants federal authority 22 November 2011 Salt Lake City: the justice department’s lawsuit challenging Utah’s immigration enforcement law was filed in the city’s US district court. The US justice department has filed a lawsuit challenging Utah’s immigration enforcement law, arguing that it usurps federal authority and could potentially lead to the harassment and detention of American citizens and authorized visitors. “The federal government has the ultimate authority to enforce federal immigration laws and the constitution does not permit a patchwork...

Federal

ICE Released 2,837 Convicted Alien Sex Offenders to Comply With Supreme Court Ruling
CNS News ^ | September 13, 2013 | Alissa Tabirian
(CNSNews.com) – Immigration and Customs Enforcement (ICE) has released 2,837 convicted criminal alien sex offenders back into American communities in order to comply with a Supreme Court decision authored by Clinton-appointed Justice Stephen Breyer, according to a new report by the Government Accountability Office (GAO). The 2,837 sex offenders represented five percent of the 59,347 deportable aliens released since last September under the supervision of U.S. Immigration and Customs Enforcement (ICE), according to the GAO report, which was released Thursday.

• Eric Holder Targets Voter ID Laws Just in Time for 2012 Election
News Max ^ | December 14, 2011 | Martin Gould

• New Documents Show Department of Justice Coordination with ACORN-Connected Project Vote
Judicial Watch ^ | December 14, 2011
Group Tied to Voter Registration Fraud Lobbies DOJ to Use National Voting Rights Act to Boost Welfare Voter Registration; Project Vote Official Promotes Hires for Department of Justice’s Voting Section Washington, DC — December 14, 2011 Judicial Watch, the organization that investigates and fights government corruption, announced today that it obtained records detailing communications between the Department of Justice (DOJ) and Estelle Rogers, a former ACORN attorney currently serving as Director of Advocacy for the ACORN-connected organization Project Vote. ( Judicial Watch v. Department of Justice (No. 11-1497)). Judicial Watch is investigating the DOJ’s partnering with Project Vote on a...

• Holder to push against voter-ID laws
hotair.com ^ | 12-13-11 | Ed Morrissey

http://www.judicialwatch.org/blog/2009/05/supreme-court-overturns-illegal-immigrant-s-id-theft-conviction/
The Supreme Court has unanimously ruled that an illegal immigrant who used stolen documents to work is not guilty of identity theft because he didn’t know the information belonged to another person.
The ruling eliminates an important tool for prosecuting and deporting illegal aliens who victimize Americans by stealing their identities to get jobs in this country. In its 18-page decision the court says that the crime of identity theft is limited to those who actually know they stole someone else’s information

• New Records Obtained by Judicial Watch Show Obama White House Coordination with Department of Jus...
Judicial Watch ^ | January 19, 2012
Complete title: New Records Obtained by Judicial Watch Show Obama White House Coordination with Department of Justice on Voting Rights Enforcement ACORN Partner Project Vote Working with Officials from White House and DOJ to Use National Voting Rights Act to Increase Registration of Voters on Public Assistance Interest Group Urges Justice Official to Â“make some headwayÂ” with Attorney General Holder (Washington, DC) Â– Judicial Watch, the organization that investigates and fights government corruption, announced today that it has received additional documents about meetings held between Estelle Rogers, Director of Advocacy for the ACORN-affiliated organization Project Vote, and officials from

• Morning Bell: Justice Department Blocks Voter ID at Every Turn
The Foundry/Heritage Foundation ^ | July 27, 2012 at 9:19 am | Amy Payne
People seemingly voting after they’ve been dead for years. Drug kingpins buying votes from poor people to sway elections. Non-citizens being bussed to the polls and coached on how to vote. Stories of voting fraud are shocking, and states have been taking action to make sure that elections are secure. But the Justice Department, led by Attorney General Eric Holder, has blocked states at almost every turn. This is the same Justice Department that stopped a non-partisan election reform by arguing that if party affiliation were removed from a ballot, African-American voters wouldn’t be able to identify and vote

DHS says law required release of 154 immigrants with murder convictions
The Washington Times ^ | August 21, 2014 | Stephen Dinan
The Obama administration says it had no choice but to release almost all of the 169 murderers it let go from immigration detention last year, saying court decisions gave officials no choice in the matter — but it’s promising a new system to better screen who gets let out. Of the 169 immigrants with homicide-related convictions released in fiscal 2013, all but 15 were required to be let go because of specific court orders or because the immigrants had been held for too long under the rules established by a sweeping 2001 Supreme Court case, the Homeland Security Department said...

The 116 murderers were a fraction of the 36,007 criminals ICE released in 2013. The criminals had convictions ranging from homicide and manslaughter to drunken driving and sex crimes.

http://www.cnsnews.com/news/article/alissa-tabirian/ice-released-2837-convicted-alien-sex-offenders-comply-supreme-court
The GAO report refers to the 2001 Supreme Court case Zadvydas v. Davis to explain why ICE is required to release foreigners who have been convicted of sex crimes. In its 5-4 decision, the court ruled that the indefinite detention of removable aliens for greater than six months is unconstitutional unless there is “significant likelihood of removal in the reasonably foreseeable future.”

“Freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause,” Associate Justice Stephen Breyer wrote in the majority opinion. Breyer was joined in this opinion by J.P. Stevens (a Gerald Ford apppointee), Sandra Day O’Connor (a Reagan appointee), Ruth Bader Ginsburg (a Clinton appointee), and David Souter (a George H.W. Bush appointee).

But writing for the minority, Justice Antonin Scalia (a Reagan appointee) said: “Insofar as a claimed legal right to release into this country is concerned, an alien under final order of removal stands on an equal footing with an inadmissable alien at the threshold of entry: He has no such right.”

Justice Anthony Kennedy (also a Reagan appointee) concurred, noting that “the authority to detain beyond the removal period is to protect the community, not to negotiate the aliens’ return... An alien’s admission to this country is conditioned upon compliance with our laws, and removal is the consequence of a breach of that understanding.”

Justice Clarence Thomas (a George H.W. Bush appointee) and William Rehnquist (a Nixon appointee) also dissented from Breyer’s opinion.

http://www.cbsnews.com/news/court-strikes-down-arizona-immigrant-smuggling-ban/
U.S. District Judge Susan Bolton on Friday threw out the smuggling law as part of the Obama administration’s challenge of the state’s 2010 immigration law, which made a minor change to the 2005 statute.

http://www.law.cornell.edu/supct/html/08-108.ZS.html

FLORES-FIGUEROA v. UNITED STATES (No. 08-108)
274 Fed. Appx. 501, reversed and remanded.

Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment.

http://dailycaller.com/2014/09/02/feds-punish-business-for-engaging-in-citizenship-discrimination/
Feds Punish Business For Engaging In ‘Citizenship-Discrimination’

A Texas catering business will pay the United States $26,400 for engaging in “citizenship-discrimination,” as part of a settlement with the Justice Department announced Tuesday.

Culinaire International unlawfully discriminated against employees based on their citizenship status, the Justice Department claimed, because it required non-citizen employees to provide extra proof of their right to work in the United States.

Culinaire has agreed to pay the United States $20,460 in civil penalties, receive training in anti-discrimination rules of the Immigration and Nationality Act, revise its work eligibility verification process, and create a $40,000 back pay fund for “potential economic victims.”

• Human Trafficking: 3 Plead Guilty - DOJ Dismisses Largest Case Ever: Trafficking or Anti-Semitism?
Maggie’s Notebook ^ | 7-24-12 | Maggie@MaggiesNotebook
Three men pled guilty to human trafficking after the “government” brought charges. Five others were involved and charged - all executives at Los Angeles’ Global Horizons. The Feds touted this case as the biggest human trafficking case in this Nation’s history and the Equal Employment Opportunity Commission (EEOC) filed their charges saying it was the largest human trafficking case in agriculture to date.” The government has spent millions in tax payer monies to prosecute a case in which all of the complainants are in the U.S. legally. Flash forward from 2010 when this case began, and the DOJ now says...

• Obama’s DoJ Strong Arms, Sues Business to Impose Sharia: Company Forced to Pay $50,000
Atlas Shrugs blog ^ | Thursday, December 01, 2011 | Pamela Geller
• Government fines jailed Border Patrol agent’s family
Washington Times ^ | 11/11/11 | Stephen Dinan
After successfully winning a two-year prison sentence against U.S. Border Patrol Agent Jesus E. Diaz Jr., the Justice Department is now trying to collect a $6,870 fine from his wife, saying it should be paid “immediately” — even though the judge signaled she would have a grace period. In a notice sent last week the Justice Department said the fines were imposed by the court that found Agent Diaz guilty and sentenced him to prison for improperly restraining a 15-year-old suspected of drug smuggling. “We strongly urge you to pay this debt immediate,” said the notice,

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.