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Ninth Circuit Court of Appeals Rejects Bid by Illegal Aliens to Overturn Arizona's Proposition 200
FAIR ^

Posted on 08/11/2005 2:42:14 PM PDT by Happy2BMe

Ninth Circuit Court of Appeals Rejects Bid by Illegal Aliens to Overturn Arizona's Proposition 200
 

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August 9, 2005

Federal Court Dismisses Challenge on Grounds Illegal Aliens Lack Legal Standing

In a major victory for the voters of Arizona and the integrity of the referendum process, the Ninth Circuit Court of Appeals today dismissed a lawsuit brought by illegal aliens in Arizona challenging the constitutionality of Proposition 200. The San Francisco-based court ruled that the plaintiffs lacked the "legal standing" necessary to challenge the initiative approved by Arizona voters in November 2004.

Proposition 200 requires the state to verify the immigration status of people applying for benefits and service they are prohibited from receiving under federal law. In addition, the initiative requires all people registering to vote prove that they are U.S. citizens, and present identification when casting their votes.

"We are delighted the Ninth Circuit has rejected this naked attempt to place the interests of illegal immigrants ahead of the democratic will of U.S. citizens in Arizona," said Dan Stein, president of the Federation for American Immigration Reform. "The question of legal standing has long been a barrier to American citizens seeking redress in the courts when their interests have been harmed by mass illegal immigration. It is reassuring that the Ninth Circuit recognized illegal immigrants, as a class, should not have any more rights than citizens do, as a class. We believe even if the court had granted standing to the illegal aliens challenging Proposition 200, it would have been upheld on constitutional grounds," Stein added.

FAIR also congratulated Perry Pendley of Mountain States Legal Foundation, who represented the interests of the voters before the Appeals Court. FAIR, along with the Arizona-based Yes on 200 Committee, worked closely with Mountain States Legal Foundation in preparing legal briefs in response to the challenge brought on behalf of the illegal immigrants. Pendley warned, however that the fight is not over. "MALDEF, ACLU and the government of Mexico intend to take this to the Supreme Court, and even to the U.N."

"In the past, MALDEF and other organizations ilk have gotten a largely free ride in the courts for their illegal alien clients. With cooperative legal efforts like this between FAIR, Mountain States Legal Foundation, and the grassroots citizens groups, citizens are seeing the tide turn in the legal war against lawless mass immigration," said Mike Hethmon, FAIR staff counsel.

Supporters of Prop. 200 are also defending the interests of Arizona voters in state court. FAIR and Yes on 200 filed suit against the governor and attorney general who, in blatant disregard to the definition of a "public benefit" established under federal law, have limited illegal aliens' access to only two state-run programs.

"We worked closely with local groups in Arizona because we believe what they have done there can be a model for citizen action all across the country," said Stein. "The Ninth Circuit's decision will undoubtedly be a tremendous boost to that effort as Americans use the political process to force government to control illegal immigration and to protect their interests and resources."


TOPICS: Culture/Society; Foreign Affairs; Government
KEYWORDS: 9thcircus; aliens; bordersecurity; bushamnesty; fair; illegalaliens; immigrantlist; invasionusa; maldef; ninthcircuit; openborders; prop200
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1 posted on 08/11/2005 2:42:14 PM PDT by Happy2BMe
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To: Happy2BMe

Did they arrest the illegals after the trial?


2 posted on 08/11/2005 2:43:38 PM PDT by princess leah (\)
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To: Dane; bayourod
""We are delighted the Ninth Circuit has rejected this naked attempt to place the interests of illegal immigrants ahead of the democratic will of U.S. citizens in Arizona," said Dan Stein, president of the Federation for American Immigration Reform."

======================================

IYO - should FAIR be the ones taking credit for this 9th Circuit of Appeals decision to limit public services to illegal aliens?
3 posted on 08/11/2005 2:44:06 PM PDT by Happy2BMe (Viva La MIGRA - LONG LIVE THE BORDER PATROL!)
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To: Happy2BMe
Is this a mistake? The NINTH Circus Circuit?
I'd best read the details.
4 posted on 08/11/2005 2:44:12 PM PDT by onyx (North is a direction. South is a way of life.)
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To: Happy2BMe
Illegal Aliens Lack Legal Standing

And from the "water is wet" department...

5 posted on 08/11/2005 2:44:17 PM PDT by TheBigB (Gum would be perfection!)
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To: Happy2BMe
Ninth circuit finally does something right?

I think it just froze over....

6 posted on 08/11/2005 2:44:46 PM PDT by konaice
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To: Dane; bayourod
If not FAIR, then who IYO were those most responsible for this 9th Circuit Court of Appeals decision?
7 posted on 08/11/2005 2:45:28 PM PDT by Happy2BMe (Viva La MIGRA - LONG LIVE THE BORDER PATROL!)
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To: Happy2BMe

get outta here... Ninth Circus finally sides with the American People? Hell has frozen over I hear...


8 posted on 08/11/2005 2:46:55 PM PDT by Cinnamon
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To: konaice

were the illegal aliens arrested?


9 posted on 08/11/2005 2:47:27 PM PDT by Cinnamon
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To: Happy2BMe


"MALDEF, ACLU and the government of Mexico intend to take this to the Supreme Court, and even to the U.N."






ACLU & Mexican government collaboration = outrageous,

but taking it to the UN is laughable.


10 posted on 08/11/2005 2:47:37 PM PDT by onyx (North is a direction. South is a way of life.)
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To: Happy2BMe
"MALDEF, ACLU and the government of Mexico intend to take this to the Supreme Court, and even to the U.N."

WTF?

The UN has precedence over US Courts?

11 posted on 08/11/2005 2:48:58 PM PDT by Publius6961 (Liberal level playing field: If the Islamics win we are their slaves..if we win they are our equals.)
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To: onyx
the NINTH ???

Knock me over with a feather. What's next..we gonna see barbra streisand wearing a "DemocRATS Carry Diseases" T shirt ?

12 posted on 08/11/2005 2:50:56 PM PDT by kingattax
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To: Publius6961

"The UN has precedence over US Courts?"

In the mind of a liberal nutjob, you bet.


13 posted on 08/11/2005 2:51:40 PM PDT by GLH3IL (What's good for America is bad for liberals.)
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To: Happy2BMe

Is this from Scrappleface? This can't be true! I've never seen a single sane and common sense decision out of that court.


14 posted on 08/11/2005 2:53:02 PM PDT by Ron in Acreage (It's the borders stupid! "ALLEN IN 08")
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To: Happy2BMe

....and if you think we are stunned by the 9th's decision...imagine the lefties and illegals supporting this piece of trash suit.


15 posted on 08/11/2005 2:53:31 PM PDT by GLH3IL (What's good for America is bad for liberals.)
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To: kingattax


LOL! I'll be expecting you to post the pic of THAT!


16 posted on 08/11/2005 2:54:14 PM PDT by onyx (North is a direction. South is a way of life.)
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To: onyx

some people would pay big bucks for a pic like that..lol


17 posted on 08/11/2005 3:00:10 PM PDT by kingattax
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To: Happy2BMe
If not FAIR, then who IYO were those most responsible for this 9th Circuit Court of Appeals decision?

The 9th circus finally makes a sane decision.

I have stated many times on FR that if I lived in Arizona that I would have voted for Prop. 200.

18 posted on 08/11/2005 3:00:19 PM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: princess leah
They don't have to because even though we are engaged in
a War on Terror....

The illegal invasion of the USA is still only a misdemeanor...

It's not even the lowest class felony (Class 6 or Class F) to invade our country...

Not even when illegal alien invaders cross through military bases...are they prosecuted

Deport Illegal Aliens

Make the illegal invasion of our country in a time of war at least a class f felony..forcing law enforcement,prosecutors and judges to do their jobs

Allowing US honest citizens to arrest them and hold them for law enforcement.

imo

19 posted on 08/11/2005 3:02:48 PM PDT by joesnuffy (Save the whales. Redeem them for valuable prizes.)
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To: Happy2BMe

Does this fall under the heading of even a broken clock is right twice a day?
This from the 9th Circuit? Wow.


20 posted on 08/11/2005 3:11:42 PM PDT by not_apathetic_anymore
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