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

FAIR ^

[Happy2BMe]

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

	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."

[RoyalsFan]

See, we can agree.

[upchuck]

Thank you for NOT unnecessarily excerpting this article.

[upchuck]

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.

This conclusion should not be surprising considering the plaintiffs are a bunch of criminals.

Duh?

[Happy2BMe]

#18

[hedgetrimmer]

Interview with Rob Portman, USTR. Believe me, our government is planning to fling the borders wide open, and the WTO and our trade agreements give foreign nationals rights over US citizens. Now Portman claims they are going to lie low on this right now until the Doha round, but they are going to negotiate away the right of the American people to control their own destiny at the meeting. And can you imagine a flurry of last minute executive orders before Bush leaves office regarding immigration, open borders and Mode 4? I can.

Q: Mexico and India say the U.S. should move to a free-trade system for labor. That if there are jobs here, the U.S. government should allow foreign workers to apply freely for them with no restrictions. Is that something to eventually move toward?

A: I think that's a nonstarter right now. I have spent the last few months lowering expectations overseas because I don't think that's likely to pass congressional muster. Immigration is such a hot topic, we have to be very careful. I hear it mainly from India and from some private-sector folks in the U.S. -- the services sector. We'll be dealing with this in the Doha negotiations.

[trubluolyguy]

Wait a minute, the 9th circuit? The most liberal circuit court in this nation? Wow. Just...wow.

[Just A Nobody]

Thanks for the ping.

When was that interview with Portman?

[hedgetrimmer]

It was yesterday.

Turning the wheels of trade

[Just A Nobody]

Thanks!