11th Circuit upholds most of Georgia’s illegal-immigration law (Updated)

UPDATE at 5:50 p.m.: Regarding the section of the law that makes it illegal to knowingly transport or harbor illegal immigrants, the court found not only that Georgia’s law infringes on the federal prerogative to make immigration law. The court further ruled that Georgia could not make it illegal to induce an illegal immigrant to enter the state once already present in the U.S. Those provisions remain blocked from taking effect by a court injunction.

To be clear, and to correct my inapt phrasing in the original post, the court did not say the other sections of the law are constitutional. A lower court had enjoined two sections from taking effect while the question of constitutionality is argued. The section of the law dealing with checking detainees’ immigration status is still being challenged, although the Supreme Court’s ruling about a similar law in Arizona suggests that section is likely to remain in place until and unless there are specific challenges to the way it is applied.

ORIGINAL POST:

The 11th Circuit has upheld the controversial section of Georgia’s 2011 illegal-immigration law that allows law enforcement to check the immigration status of people detained for certain crimes. The federal appeals court found 22 of the law’s 23 sections met constitutional muster and kept only one section blocked from taking effect. From the AJC:

[T]he 11th Circuit Court of Appeals also said it recognizes arguments from civil and immigrant rights activists that this statute “invites a host of other problems, namely racial profiling.”

“Reliance on race, color, or national origin that is constitutionally prohibited, however, is expressly forbidden by the Georgia statute,” the court said in its 33-page ruling, released Monday.

“It is inappropriate for us to assume that the state will disregard its own law, and we therefore reject the argument in this respect, keeping in mind that unconstitutional application of the statute could be challenged in later litigation.”

The court also ruled that another part of Georgia’s sweeping illegal immigration law should remain on hold. That provision would punish people who knowingly transport or harbor illegal immigrants while committing another crime.

Georgia Attorney General Sam Olens said via press release that it was too early to say whether the state would appeal to the U.S. Supreme Court to restore that section of the law.

– By Kyle Wingfield

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122 comments Add your comment

wallbanger

August 20th, 2012
5:24 pm

I fail to understand how people who are illegally in this country are granted all these rights of privacy, and that anyone is worried about racially profiling them. If they are not here illegally, then checking their status shouldn’t bother anyone. I mean, we all have to show identification for just about everything we do, including visiting our local YMCA. What is the big deal? Why should anyone be exempt from having their status checked? Particularly those who are breaking the law by being in this country in the first place.

po dunk

August 20th, 2012
5:29 pm

Kyle

What are the main differences in the GA and the AZ laws?

SlickRick - glad to not have to worry about suffering through Myth Robme and The Boy Wonder's ineptocracy

August 20th, 2012
5:30 pm

Yay! More state-sanctioned racism, bigotry and general hatred of things and people different. Boy is it great living in the south.

Simple Truths

August 20th, 2012
5:36 pm

So, SlickRick, what other laws do you think should not be enforced? Please, share your wisdom with us.

ragnar danneskjold

August 20th, 2012
5:38 pm

I am amused by the odd section thrown out, “That provision would punish people who knowingly transport or harbor illegal immigrants while committing another crime.” Guess that means that if I hired illegal aliens to drive me at 56 mph on I-285, I would be guilty of a second crime?

Stephenson Billings

August 20th, 2012
5:42 pm

“Boy is it great living in the south.”

All those Lib’ral Northern states are ready when you are. In fact, they could use you since most everyone is leaving anyways.

LJ

August 20th, 2012
5:44 pm

Way to show some impartiality and professionalism with the headline, AJC : “Show me your papers law upheld”

Stephenson Billings

August 20th, 2012
5:45 pm

Won’t matter anyway since Obama will just instruct ICE to ignore our law enforcement when they go to them.

Lil' Barry Bailout - Vote American

August 20th, 2012
5:46 pm

Americans win one.

Van

August 20th, 2012
5:49 pm

What part of “illegal” and “breaking the law” do they not understand? If a policeman/woman pulls me over, I must show identification…does that mean I don’t have to show them if I have a valid drivers lisence? Guess they cannot give me a ticket because I’m a woman, and that would be gender profiling.

Skip

August 20th, 2012
5:49 pm

Wonder how many middle aged white guys will be asked for papers? Remember, all illegals are dark skinned.

markie mark

August 20th, 2012
5:52 pm

Hey skip, years ago I had a dutch girlfriend here in Atlanta….white as snow…and she was illegal because she didnt want to go back home after her work visa expires….

markie mark

August 20th, 2012
5:52 pm

sorry, that was “expired”

Rafe Hollister, suffering through Oblamer's ineptocracy

August 20th, 2012
5:54 pm

Common sense prevails, sometimes.

Rafe Hollister, suffering through Oblamer's ineptocracy

August 20th, 2012
5:57 pm

Skip, they ask for my papers every time, I am pulled over. License please!

Lil' Barry Bailout - Vote American

August 20th, 2012
5:59 pm

Skip: all illegals are dark skinned.
—————–

No prejudice there…

td

August 20th, 2012
6:08 pm

Skip

August 20th, 2012
5:49 pm

Wonder how many middle aged white guys will be asked for papers? Remember, all illegals are dark skinned.

If you have a valid Georgia DL then you have presented your verification “papers” to the state and are either a citizen or a legal immigrant.

JohnnyReb

August 20th, 2012
6:16 pm

It is stupid and extremely expensive not to profile. And, as far as I can see, the only people who benefit from no profiling are the ones likely to be breaking the law.

Georgia’s new driver license verification process should result in meaning if you have a valid license you are legal. If no valid license, off to jail, run the checks and send the person out of the country if not legal.

Of course, if that is to occur, we must have Republicans in office as little Barry give away has demonstrated he only enforces laws to which he agrees.

Moremantabby

August 20th, 2012
6:24 pm

So, other than raising the cost of my chicken, vegatables and yard work, how does this affect me?

Aquagirl

August 20th, 2012
6:25 pm

as far as I can see, the only people who benefit from no profiling are the ones likely to be breaking the law.

Or, y’know, brown people who think they shouldn’t be hassled for being brown.

American whose ancestors also immigrated

August 20th, 2012
6:29 pm

As usual the comments are very interesting. I must say, I consider myself libertarian/conservative but have had my eyes opened over the past 4 years being married to a wonderful woman from a latin american country. I have never seen a harder working bunch of friends than hers. She paid taxes previously under a tax id number; there are no illegal immigrants milking the system – no SS# no benefits. The only people I’ve know personally who’ve applied for food stamps were Puerto Rican and therefore legally allowed to do so. When I read this headline I couldn’t help think of a fake German accent – “Papers, please”. you should all be very wary of the slippery slope we are all on.

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
6:35 pm

Drop that bad section from the law and lets start roundin em up.

Hillbilly D

August 20th, 2012
6:38 pm

“It is inappropriate for us to assume that the state will disregard its own law,

A bit of irony there because if the Federal government hadn’t disregarded its own laws, we wouldn’t be having this discussion.

Centrist

August 20th, 2012
6:51 pm

Every once in a while our judicial (not often justice) system gets it right. This is one of those rare occasions.

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
7:06 pm

Ann Coulter @AnnCoulter

Dems spent @ $2 million on ads boosting Todd Akin in the primary, according to the NYT – nyti.ms/Rc4sbh Pls withdraw @ToddAkin!

What’d I tell you about this guy being a lib plant.

Am I not the man?

TRUTH

August 20th, 2012
7:12 pm

Man, I am so glad to have moved from Georgia. Once upon a time, GA was seen as a progressive and growing state. Now, its a backwards, hate-filled, place (along with the other RePukeLiKKKan states that are doing this). Sounds like Jim Crow too me. Just this time, its to Latinos/Hispanics. Doesn’t make it any different in my eyes. Most are honest and hardworking, they just don’t have a clear path to citizenship. I believe that all should be welcome here, and if they are here illegally (and over 12M are), deportation is really not going to do it. Granted, it affects certain social programs (and Heaven help us if Mitt Phoney and Paul Lyan get in, then it will be a clusterpuck), but f when its discovered that they are not in the country legally, they must pay into the system (funny how money makes everyone “almost equal.”)

Truth is, business owners hire illegal workers and they then create a sub financial system and not pay into the system that us legal residents are bound by law to do so. And to date, not ONE business owner has been convicted of dong so. Kinda like Voter Fraud, huh, RepukeliKKKans?

Just sayin’….

Centrist

August 20th, 2012
7:12 pm

“American whose ancestors also immigrated” posted “there are no illegal immigrants milking the system – no SS# no benefits.”

If only that were true.

In addition to the welfare, SSI, Temporary Assistance for Needy Families (TANF – 60 months), WIC, housing, taxpayer supported free hospital care, schooling with free breakfast and lunch, and crime – according to the U.S. Treasury Department, illegal aliens are bilking the federal government for billions because they are filing fraudulent returns.

A refund credit can be claimed even even if no income tax was withheld or paid, up to $1,000 per child. An estimated additional $1.8 billion was going to illegals via the Earned Income Tax Credit, for which they are also ineligible because it can be claimed only by taxpayers with Social Security numbers. Assume they are voting illegally, too.

too much

August 20th, 2012
7:18 pm

I report

What you fail to see is that Akin was the most extreme right wing candidate?

Why do you not like him now?

too much

August 20th, 2012
7:20 pm

Senate Democrats got exactly what they wanted in Missouri on Tuesday night. Now comes the hard part.

Republican Rep. Todd Akin’s primary victory clearly boosted vulnerable Democratic Sen. Claire McCaskill’s survival odds this fall. But to win, McCaskill will have to make the general election campaign as much about her opponent as herself.

That’s easier said than done. But Akin — and some of the things he’s said in the past — does make it a bit easier.

http://www.washingtonpost.com/blogs/the-fix/post/why-todd-akins-win-gives-democrats-hope-in-missouri/2012/08/08/6e0246b8-e16c-11e1-ae7f-d2a13e249eb2_blog.html

He is proving the Democrats to be right in this situation. Didn’t even take two weeks for him to blow it

too much

August 20th, 2012
7:22 pm

I report

No you are not. The Washington Post, NY Times and others were saying this two weeks ago.

Nothing new here, but if it makes you feel good to be two weeks late, run with it.

Run Forest , run

Thomas Heyward Jr.

August 20th, 2012
7:25 pm

Real Georgians could care less about what Federal judges say or “rule”.
.
If your county Sheriff does…………………………fire him.

Centrist

August 20th, 2012
7:25 pm

According to the Paw Hispanic Center website, in their investigation of immigration crime statistics and the federal law courts records, 40% of all sentenced federal offenders were Latinos. Of those, 72% were not U.S. citizens.

13 people die every day due to illegal immigrants involved in traffic accidents.

$113,000,000,000 – This year’s cost of US illegal immigration. Approximately 75% of that cost is absorbed by the states.

$1117 – The average amount you and your family paid in taxes this year to support illegals.

$52,000,000,000 – The cost of educating the children of illegals. This is by far the single largest cost to the American taxpayer.

$2,700 – The average dollar amount a single illegal household costs the US federal government.

51% – The percentage of Mexican immigrant households that use at least one major welfare program. 28% use more than one.

1,400,000- The number of illegal immigrant households that use at least one major welfare program.

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
7:30 pm

Oh, I get it, the dummycrats were buying ads on behalf of the guy they didn’t want McCaskill to face.

uh-huh.

too much

August 20th, 2012
7:35 pm

“There’s a reason why Democrats spent over $1.5 million trying to help Akin win his three-way primary. He was the most conservative candidate in the field — and the most unpredictable one. He shook up his campaign staff late last year. He recently released a head-scratching and jumbled campaign ad. And Democrats have already launched a microsite highlighting his controversial statements that won’t play well with moderates. (“America has got the equivalent of the stage III cancer of socialism because the federal government is tampering in all kinds of stuff it has no business tampering in,” Akin once said.)”

The right wing talk show flock fell for their own talking pts. Get the most conservative candidate. That will win every time.

You guys no the lingo

hahahahahahaha

Talk radio and the Democrats lead you to slaughter

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
7:38 pm

And take it even a step further – What Akin said about rape and women having the ability to close their bodies off to it, that sounds just like “War on Women” or some other nonsense a lib would come up with.

He’s a plant.

too much

August 20th, 2012
7:38 pm

I report would have voted for the most conservative candidate.

Guess who that was.

Centrist

August 20th, 2012
7:39 pm

@ too much – if you are right, and others who say Democrats got Akin nominated – they may have overplayed their hands. Akin will be out by mid-week and possible Republican replacements include three former senators: John Ashcroft, Jim Talent, and Kit Bond. Other names being mentioned include former Ambassador Ann Wagner, who is running for Akin’s now-vacant seat; and Auditor Tom Schweich.

too much

August 20th, 2012
7:39 pm

In Missouri, the strength of this line of attack will be especially important for the GOP. Akin’s tendency to chart his own path (which, on occasion, has also been the politically problematic one) suggests that Democrats might be handed new fodder for their own attack ads this fall.

Akin’s uncompromising brand of social conservatism, for example, might lead him to say something that may give political moderates — the same moderates who don’t like the economic policies advanced by Obama and Senate Democrats — pause in the Senate race.

too much

August 20th, 2012
7:40 pm

It is all falling into place and the “I reports” of MO didn’t know what hit them until they were run over………………… from 2 weeks ago. He already “slipped”, which was already mentioned

hahahahahahah

Everything has to go right in the fall for McCaskill to survive. Akin has to slip up, she has to be flawless, and it may even take a little luck. But on this day, Democrats can argue that much of the race has gone right for them so far, with Akin’s win being the latest example of their strategy succeeding. And they’d be correct.

too much

August 20th, 2012
7:42 pm

Centrists

We will see, but the conservatives went with the talk show pundit mantra: vote for the most conseravtive candidate. The Dems knew they would do it and just provided a helping hand to the willingly “unknowing”.

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
7:47 pm

too much – It may be above your pay grade but the current officeholder in Mizzou is a dummycrat. I’m thinking they don’t vote for “the most Conservative” candidates over there.

Leave me out of it.

too much

August 20th, 2012
7:53 pm

Actually the general consensus is that Akin is the MOST conservative out of those who were seeking the Republican nomination.

The “I Reports” of MO bought in and voted for the most conservative guy like talk radio and Fox instructs you guys to do and this is what you got.

Oh well

Good luck

too much

August 20th, 2012
7:56 pm

I report

How funny is that run leaning media has been running stories today about how the Dems backed Akin.

They didn’t think a think about it two weeks ago when the mainstream media was telling trying to tell what the Democrats did.

Nothing was hidden. It has been out in the open.

The “right” only got upset when their candidate stepped in a big pile that the Democrats expected him to do.

The gift probably came earlier than they imagined

too much

August 20th, 2012
7:57 pm

right leaning, not run leading

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
7:58 pm

I’m not upset, tm, he’s your guy.

too much

August 20th, 2012
8:00 pm

No he is the guy that MO Republicans voted for in the primary

The inability to see that the most conservative guy isn’t always the best guy, got you in trouble.

It is effn funny to say the least.

If MO Republicans were duped by advertising, that is their ignorance and stupidity, not the Democrats

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
8:05 pm

Yeah, I’m sure that no dummycrats crossed over and voted for the guy that their party squandered 2 Million Dollars on.

And now, you get the guys you didn’t want.

too much

August 20th, 2012
8:07 pm

I report

Can you prove that or just doubling down on ignorance?

I’ve been reading post on this blog lately and you do a great job of that

Lil' Barry Bailout - Vote American

August 20th, 2012
8:13 pm

TRUTH: And to date, not ONE business owner has been convicted of dong so.
———————

Yes, and guess who’s supposed to be doing that? Obozo!

Hypocrite.

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...

August 20th, 2012
8:15 pm

too much – Only because I’m a long time veteran of reading liberal gibberish can I understand your jumbled up, mangled attempts at sentence writing.

I’m ignorant?