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Privacy rights upheld for illegal immigrants
Atlanta Journal-Constitution ^ | Thursday, September 29, 2005 | Elliot Jaspin - Staff

Posted on 10/11/2005 12:20:25 PM PDT by Iron Matron

Judge denies media request for felons' names Elliot Jaspin - Staff Thursday, September 29, 2005

Washington --- The "privacy interests" of illegal immigrants who have been convicted of felonies in the United States would be compromised if the government released their names and other identifying information, a federal judge has ruled.

Citing court rulings and federal laws aimed at protecting individuals from unwarranted embarrassment or injury, Judge Richard Leon on Tuesday rejected a request from the Washington bureau of Cox Newspapers to release the names of illegal immigrants who are being held, or have been, in U.S. jails. These names are collected by the U.S. Justice Department as part of a program to pay state and local governments for some of the costs of incarcerating criminal immigrants.

Cox Newspapers filed suit against the Justice Department in 2003, seeking the list under the federal Freedom of Information Act after discovering that the federal government frequently neglects to deport illegal immigrants convicted of felonies after they have served their sentences.

In one case, an illegal immigrant from Mexico who had molested a 3-year-old girl in Georgia walked out of prison in 2001 after serving his sentence and disappeared because no one from the federal government was there to deport him.

In its court filings, Cox Newspapers argued that the public's right to know about convicted rapists, thieves and murderers who are in the country illegally outweighed any right to privacy they might have

.

Beyond asserting that criminal immigrants have a right to privacy, Leon did not explain why their privacy outweighed the public interest. "The privacy intrusion associated with disclosing this information," he wrote in his 11-page opinion, "clearly outweighs the public disclosure of the information."

Mark Tapscott, a FOIA expert with the Heritage Foundation, a conservative Washington think tank, called the decision "idiotic" and said he is confident it would be overturned on appeal. "This is a serious blow to the public's right to know," he said.

Jon Hart, the Washington attorney representing Cox Newspapers in the case, said the company has not yet decided whether it will


TOPICS: Government; News/Current Events
KEYWORDS: activistjudge; aliens; dhs; illegalimmigration; immigrantlist; immigration
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To: Iron Matron

time to get out the tar & feathers and then send this asshole judge to mexico on a rail


21 posted on 10/11/2005 12:45:20 PM PDT by catmanblack. (he is the great I AM-)
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To: Iron Matron
We need a wall and we need a government with @$$ enough to do what it's sworn to do.

"Trust me", my @$$.

Doesn't the REAL ID Act prevent judges from doing just this sort of thing - from interfering with deportations? An order to conceal identities could be construed as judicial obstruction, couldn't it?
22 posted on 10/11/2005 12:46:51 PM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: Ladycalif; 68 grunt; Waywardson; HallowThisGround; StoneColdGOP; janetgreen

Bookmarked.


23 posted on 10/11/2005 12:47:04 PM PDT by EternalVigilance (Put Principle Before Party. Support Minuteman Jim Gilchrist.)
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To: ncountylee
Appointed by Bush (w).

And apparently he is no fan of the lefties

24 posted on 10/11/2005 12:47:04 PM PDT by Mo1
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To: ncountylee
Appointed by Bush (w).

Judge Richard Leon?

Wonderful!

25 posted on 10/11/2005 12:49:44 PM PDT by Black Tooth (The more people I meet, the more I like my dog.)
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To: reelfoot

Some say Bush appointed, but didn't Meirs have a part in it?


26 posted on 10/11/2005 12:49:45 PM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: Mo1

http://www.deputydavidmarch.com/


27 posted on 10/11/2005 12:50:49 PM PDT by EternalVigilance (Put Principle Before Party. Support Minuteman Jim Gilchrist.)
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To: EternalVigilance

And that had ?? what to do with the post I made?


28 posted on 10/11/2005 12:55:02 PM PDT by Mo1
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To: EagleUSA
The "government" (justice department) wants to desperately HIDE THE IDENTITY of what is coming across our borders

I dont have an exact quote, but O'Reilly asked Judge Napalotano about why the admin wanted to hide the identity of illegals (criminals). The judge said something along the lines of - it could be that the gov. believes some terrorists may be among them..that they could be used for information...

I translated that comment as "lets let them loose, then follow them so we can learn about where they go..etc. If that is even close to the reason..it is dangerous and STUPID!

29 posted on 10/11/2005 12:56:13 PM PDT by Iron Matron
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To: Iron Matron

If that is even close to the reason..it is dangerous and STUPID!
-----
We have a REAL BIG PROBLEM in Washington.


30 posted on 10/11/2005 12:58:40 PM PDT by EagleUSA
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To: EagleUSA
So what is left?

I dont know. This is out of control. Voting conservatives in does not seem to help.

I think all concerned citizens need to brush up on their constitutional rights..and walk on Washington. Seriously. Why should we let our country be ruined by judges and out of control Presidents? Our Constitution was written to PREVENT that...

For those who do not fear..there must be options.

31 posted on 10/11/2005 12:59:20 PM PDT by Iron Matron
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To: reelfoot
Who appointed this guy to the bench? Shows the importance of knowing what you'll be getting before the appointment.

From post #5:

Judge Leon was appointed to the United States District Court in February 2002.

32 posted on 10/11/2005 12:59:56 PM PDT by DumpsterDiver
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To: cripplecreek

Well, you know the President's feelings about illegals... which is a prime reason I cannot take his word alone as reason to support Miers.


33 posted on 10/11/2005 1:00:01 PM PDT by thoughtomator (Corporatism is not conservatism)
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To: fanfan
The USA is turning into Canada before my very eyes.

NOPe. Its turning in to Russia..or Germany..

34 posted on 10/11/2005 1:00:38 PM PDT by Iron Matron
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To: gubamyster

ping


35 posted on 10/11/2005 1:00:56 PM PDT by DumpsterDiver
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To: DumpsterDiver; reelfoot
Who appointed this guy to the bench? Shows the importance of knowing what you'll be getting before the appointment.

George W. Bush Appointed Him To The Bench.

36 posted on 10/11/2005 1:02:02 PM PDT by Iron Matron
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To: cripplecreek
Ive been supportive of Miers but her feelings on this sort of thing could certainly be a deal breaker for me.

Bush's silence on this legal matter will speak volumes about where he, and his legal advisers, stand.

One thing that should be apparent is that Bush avoids all conservative media so that he will never need to be asked questions such as where he stands on this issue. He would rather answer stupid Matt Lauer questions all day long than have to answer one question from the list of questions I have for him.

37 posted on 10/11/2005 1:04:55 PM PDT by Jim_Curtis
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To: azhenfud
An order to conceal identities could be construed as judicial obstruction, couldn't it?

Good Question for all activists judges who do not uphold the USA Constitution..Good question to ask the President, who is now appointing Supreme Court Justices. Supreme court justices who will more than likely uphold an illegals RIGHT to be here and our OBLIGATION to support them..

38 posted on 10/11/2005 1:06:30 PM PDT by Iron Matron
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To: Iron Matron

Anybody know the basis for the ruling?


39 posted on 10/11/2005 1:11:16 PM PDT by VeniVidiVici (When a Jihadist dies, an angel gets its wings)
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To: VeniVidiVici
Anybody know the basis for the ruling?

According to O'Reilly, no precedents were cited.

40 posted on 10/11/2005 1:17:07 PM PDT by Iron Matron
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