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To: Iron Eagle

More on Virginia's Legal Presence law, I will give you this - it is rather amazing that there are no reports of litigation involving this law. Normally the ACLU and the usual bunch sue before a law like this even takes effect. Of course, I'm guessing on something to happen after the election.


73 posted on 09/24/2004 4:50:49 PM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: ClintonBeGone
There is a big article in Today's Post on the law -- coincidentally. It centers around a young boy who was raised in Virginia -- with his parents in the system for 15 years seeking asylum.

The article does not get to heavy into legal efforts to attack the policy of certain Virginia colleges to check immigration status. But, it does mention that such a class-action suit has been commenced. Interestingly, the boy in question was not permitted to join the suit, because a Federal judge had deemed him "unlawfully present" in the United States. He was rejected by some colleges for admission based on his "illegal" status, while others such as George Mason permitted him in without checking his status.

The young man is going to go to Virginia Tech. He is now fighting to get in-state status.

I will be keeping an eye out for the progress of this litigation.

By the way -- here is a listing of other states that require proof of legal status to obtain a license.

The following states all have requirements that an applicant must be a legal resident of the U.S. to get a license or ID: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming.

If I ever get some more free time, I will look to see if and when they have been challenged. It seems to me, under the Plyler holding and its extension of "equal protection" these state's should not be able to enact and enforce these laws. A challenge to these laws may actually lead to a re-examination that could effect the holding of Plyler. Maybe!

74 posted on 09/25/2004 8:58:26 AM PDT by Iron Eagle
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