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
too much
August 20th, 2012
8:18 pm
Do you have proof that Democrats crossed over and helped Akin win or are you doubling down on ignorance?
too much
August 20th, 2012
8:20 pm
When someone says “I’m sure”, that is doesn’t come across as an opinion.
Can you back that up with fact or are you not so sure because you can’t back it up?
Nd you will need the voting stats of all the candidates to verify that it was the Democrats that lead him to victory.
You can back that assertion up, right?
hahahahahaha
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
August 20th, 2012
8:23 pm
From the Huff and Puff
no significant Dem races (0+ / 0-)
here in SW Mo. so I’m crossing over to vote for Akin.
He’s my guy until I vote for Claire!
“Fascism is attracting the dregs of humanity- people with a slovenly biography – sadists, mental freaks, traitors.” – ILYA EHRENBURG
by durrati on Tue Aug 07, 2012 at 07:53:01 AM PDT
md
August 20th, 2012
8:25 pm
“you should all be very wary of the slippery slope we are all on.”
That slippery slope started with amnesty number 1. The US announced to the world that all that came illegally would go unpunished. The world listened, and came in even greater numbers.
And now, we are about to do it again.
We essentially now have open borders as nothing has been done to change much of anything. I suspect it will remain this way until the day comes when a very undesirable slides across the border and commits the ultimate atrocity………but until then it will be business as usual.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
August 20th, 2012
8:26 pm
From the Mizzou News Trib
At least a couple Democrats said they crossed over and voted for Akin in the Republican primary
Obama For America, claims military shouldn’t receive special treatment « The Constitutional Knight
August 20th, 2012
8:26 pm
[...] factual anti obama poster. Like how hes raping the 10th ammendment by suing states (Arizona, Texas, Georgia, Florida, Ohio etc.) about their right to protect their borders and protecting their voting booths. [...]
Dave Francis
August 20th, 2012
8:26 pm
VOTE IN THE TEA PARTY AND STOP THE FINANCIAL CRIPPLING ILLEGAL IMMIGRATION INVASION
Seriously though, are we as Americans expected forever to keep subsidizing pregnant females with 400.000 unborn babies smuggled annually, with hordes of indigent people who slip past borders or the other 40 percent who fly into America never to return home? It is so easy for the both parties to remain unconcerned or staying deliberately ignorant about this silent invasion. Do we as Americans have to further forfeit our lifestyles, as we continually pay a annual bloated taxes to pay for every destitute foreigners who finds their way here? These are unfunded state mandates that keep on growing in hundreds of billions of dollars. Whether its Governor Brewer in Arizona or another state politician elsewhere, this drain on state treasuries must stop?
Turn the tide of an unceasing Socialist experiment played by the Democrats and Liberals, with an incredulous plan that Obama is sure to enact if has a new coronation next year. The Tea Party no longer has the luxury of merely trying to win, it is now “do or die” for our nation. The struggle is between a socialist schedule and the endurance of the Free-Enterprise Republic. Decide now to join us in our fight…or be predestined to live in a country that is shackled by socialism. I’m afraid under Obama’s agenda there is no middle ground. To be perfectly clear, if the Tea Party falters now…if we lay back or slack off then America we know will be gone forever. The TEA PARTY will let free trade succeed, but will sanction countries as China who are manipulating their coinage and cheating us. We cannot trust the Democrats who remain deliberately unconcerned with non-citizens voting. Both parties refuse to enact mandatory E-Verify (H.R. 2885), to expel illegal aliens from businesses, and a Birthright Citizenship law (H.R. 140), that allows a projected 400.000 babies a year who gain citizenship, without a parent holding U.S. citizenship status.
With an unmatched nationwide recession, the Democrats and Republicans have done nothing to reduce the 16 trillion deficits, that this country is now being financially asphyxiated. Join the TEA PARTY and we can win this battle against this Socialist regime and bring America out of this terrible recession. VOTE for MITT ROMNEY as the constitutional TEA PARTY is overhauling the Republican Party and starting to gain a upper hand against the Liberal indoctrination. Read the facts at TEA PARTY DOT ORG and find out who Barack Obama really is? Read details of the unceasing costs on taxpayers by pandering to illegal aliens at NumbersUSA. In conclusion read about the unfettered corruption at Judicial Watch dot org,
Rafe Hollister, suffering through Oblamer's ineptocracy
August 20th, 2012
8:34 pm
No one in the Tea Party or the GOP has ever said vote for the most conservative candidate, if they had Ron Paul, would be the standard bearer.
What they have repeatedly said is vote for the most conservative candidate— that can win.
Akin, based on his past record of inflammatory rhetoric was not that candidate, so the Dems got behind him. It will be really funny, if his ineptitude and ignorance, result in a more competitive candidate that beats the Dem mistake, Claire McCaskill, too liberal for the Show Me State.
cc
August 20th, 2012
8:36 pm
All LEGAL citizens of the United States are to be accorded all freedoms and protections guaranteed by the U. S. Constitution.
Does an illegal immigrant have these rights and protections?
I must do more research but I don’t believe that is the case.
cc
August 20th, 2012
8:37 pm
Of course, the Constitution is not relevant to any argument since the current occupant of the White House has ignored it.
too much
August 20th, 2012
8:44 pm
I report
You have three accounts that Dems crossed over, but you don’t know who they vote for, is that correct?
hahahahahah
Keep trying
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
August 20th, 2012
8:46 pm
It can’t write or read -
At least a couple Democrats said they crossed over and voted for Akin
Centrist
August 20th, 2012
9:05 pm
Posters often pretend that voters from each party don’t cross over to vote for who they perceive to be the weakest opponent. Santorum and Gingrich got a lot of that in open primary states this year, and Hillary Clinton/Barack Obama got it 4 years ago. It is worse when only one party has a competitive primary.
Now this sounds partisan, but it might just be true: http://www.libertynewsonline.com/article_301_32146.php
Tiberius - pulling the tail of the left AND right when needed
August 20th, 2012
9:13 pm
too much, it is frankly inconceivable to believe that Democrats didn’t cross over and vote for someone they thought would be a weaker candidate to go up against their weak incumbent. It happened in Georgia with the Cynthia McKinney race, and it happens all across America in states with open primaries.
I suggest to give up on this “prove it” line of nonsense and simply accept reality.
md
August 20th, 2012
9:15 pm
I’m not a big fan of open primaries, seems to foster dishonesty to me, the opposite of what we should be striving for. I like the states that force the voters to choose prior to voting….R, D, or I. Folks pretty much know how they plan to vote before the primaries, make them declare.
Hillbilly D
August 20th, 2012
9:21 pm
That slippery slope started with amnesty number 1. The US announced to the world that all that came illegally would go unpunished. The world listened, and came in even greater numbers.
And now, we are about to do it again.
That’s pretty much it.
I like the states that force the voters to choose prior to voting….R, D, or I.
I don’t like that because since I’d fall under “I”, I’d never get to participate in any of my local elections, which are now all “R”, after about 150 years of being all “D”. The local elections are done at the end of the party run-offs.
And in Georgia, and probably most other states, the D’s and R’s have seen to it that anybody else has to jump through a hoop, to get on a general election ballot.
md
August 20th, 2012
9:28 pm
HD….I think some of those “have to choose” states don’t allow the I’s to vote in the r or d primaries, but have no restrictions in the general, but don’t quote me on that.
Anybody?
Hillbilly D
August 20th, 2012
9:30 pm
md
I have no idea on that but if I can’t vote in the primary, there are no races in the general election, for my local county offices (and usually most of the state ones), they’d be done before I ever got to vote.
Rafe Hollister, suffering through Oblamer's ineptocracy
August 20th, 2012
9:32 pm
Hillbilly D
I think in states that make you choose, the I’s vote in whichever primary (D or R) they choose. There is no Ind primary, they are on the general election ballot.
Can’t make up my mind on registration as to party, could go either way, but sure is sweet to cross over to vote against an imbecile once and again. I know that this is abused often and is partially to explain how we get some of these candidates like Akin and John McCain.
Rafe Hollister, suffering through Oblamer's ineptocracy
August 20th, 2012
9:34 pm
md
You can’t deny someone the right to vote, I think “for once” ole buddy, you are wrong.
md
August 20th, 2012
9:36 pm
“You can’t deny someone the right to vote, I think “for once” ole buddy, you are wrong.”
They aren’t denying the right, just making folks choose first……..
Hillbilly D
August 20th, 2012
9:39 pm
The party system is another reason I have no use for Alexander Hamilton.
md
August 20th, 2012
9:40 pm
From Wiki:
“Closed primary. People may vote in a party’s primary only if they are registered members of that party prior to election day. Independents cannot participate. Note that because some political parties name themselves independent, the term “non-partisan” often replaces “independent” when referring to those who are not affiliated with a political party. Thirteen states — Connecticut, Delaware, Florida, Kentucky, Maine, Nebraska, Nevada, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania, and South Dakota — have closed primaries.”
Rafe Hollister, suffering through Oblamer's ineptocracy
August 20th, 2012
9:45 pm
md
mea culpa!
joel wischkaemper
August 20th, 2012
9:49 pm
People who call that law racist do not know what that word means. People who suggest the law is something from bigots don’t know what that word means either. It is a law, however, that supports the people of the United States in a battle fascism and business run governments, and the people of the United States. Georgia came out for the people.. and thank you Georgia. The money the bad guys have is enormous and they are going to work us until a President steps up to the plate, and supports the people of our country. Thank you very much Georgia.
Hillbilly D
August 20th, 2012
9:55 pm
Independents cannot participate.
So there you go.
md
August 20th, 2012
10:01 pm
HD…in the primary, but I understand where you are coming from in virtually a 2 party system.
And Rafe, I’ve been wrong on many an occasion, you must have missed those days……
TruthBe
August 20th, 2012
10:05 pm
Jay Bookman is a paid LIAR for the Communist Democrats by George Soros just like Cynthia Tucker was when she was employed by the ajc.
TruthBe
August 20th, 2012
10:07 pm
The Real Racist are the liberal democrats and the corrupt Black politicians here in Atlanta. Reed, Holder, and President Obama included.
Ray
August 20th, 2012
10:34 pm
Kyle, are you there monitoring this?!!!
Fred ™
August 20th, 2012
11:30 pm
What’s to monitor Ray? Although I only read page 2 I don’t see anyone pee’ing in the punch bowl……..
Tarvaris
August 21st, 2012
12:58 am
Every man, woman and child who is in the United States illegally, whether by border jumping, overstaying a VISA, brought here by parents as a child, whatever, is in violation of our federal statutes and must be made to deal with the consequences.
This selective, hit and miss enforcement we have now is making a mockery of our laws. Just like the government slept while our banks became too big to fail, they looked the other way while 11-12 million illegals settled in and now we’re told they’re too many to deport. That’s unacceptable.
hsn
August 21st, 2012
4:36 am
Kyle Wingfield
“11th Circuit upholds most of Georgia’s illegal-immigration law (Updated)”
=======================================================================
State immigration law ?????
Ummm, to all you “Constitution-loving” kon-men, where and when exactly did immigration become the policy of the states?
L'il Aynie
August 21st, 2012
7:24 am
Yak! Yak! Yak! Persecution of illegal immigrants is so yesterday! The current issues are “legitimate rape” and “saving Medicare”. Georgia “conservatives” are still slogging through the 19th century.
iggy
August 21st, 2012
7:24 am
Well all I know is me and the girlfriend needed an 10′x 2′ by 3′ ditch dug and we found many an illegal willing to do the work for quite a very “reasonable” price.
Next on the list is taking the top out of a 40′ tree and Im sure not going up there.
bob
August 21st, 2012
7:29 am
America whos ancestors immigrated “there are no illegal immigrants milking the system” . Really ? And Bill Clinton did hot have sexual relations with that woman, Monica Blewinski.
Tiberius - pulling the tail of the left AND right when needed
August 21st, 2012
8:00 am
“Ummm, to all you “Constitution-loving” kon-men, where and when exactly did immigration become the policy of the states?”
According to the Constitution, hsn, states were SUPPOSED to have primacy over the Federal government.
And in these days where the Federal government is unwilling or unable to carry out the duties it has been assigned since then, it is incumbent upon the states to pick up the slack.
Unless you LIKE anarchy . . .
@@
August 21st, 2012
8:01 am
Folks pretty much know how they plan to vote before the primaries, make them declare.
My husband, much to my dismay, pulled a Republican ballot in the primary. He didn’t get to vote for any of the local (Clayton County) candidates.
I, on the other hand, pulled a Democrat ballot so that I could vote AGAINST Victor Hill for Sheriff. Today is the run-off. My husband…because he pulled a Republican ballot, can’t vote against Hill.
iggy
August 21st, 2012
8:25 am
Victor Hill. Geesh.
Finn McCool (The System isn't Broken; It's Fixed)
August 21st, 2012
8:25 am
Guess who!
What we’re trying to accomplish is to pass the kinds of legislation that when they’ve passed in the past have grown the economy and gotten people back to work. In recessions unemployment lags on well after a recovery has taken place. We’ve got to get the engine of economic growth growing again because we now know, because of recession, we don’t have the revenues that we wanted to, we don’t have the revenues we need … We’ve got to get Americans back to work. Then the surpluses come back, then the jobs come back. That is the constructive answer we’re trying to accomplish here on, yes, a bipartisan basis. I urge members to drop the demagoguery and to pass this bill to help us work together to get the American people back to work and help those people who’ve lost their jobs …What we have been trying to do starting in October and into December and now is to try and get people back to work. The things we’re trying to pass in this bill are the time-tested, proven, bipartisan solutions to get businesses to stop laying off people, to hire people back, and to help those people who have lost their jobs.
Paul Ryan defending W’s stimulus bill in 2002
Hey Cons, I have a bridge in Brooklyn I’d like to sell you…..at a GREAT price!
iggy
August 21st, 2012
8:27 am
Thank you Finn. We now return you to our regularly scheduled programming.
Finn McCool (The System isn't Broken; It's Fixed)
August 21st, 2012
8:27 am
According to the Constitution, hsn, states were SUPPOSED to have primacy over the Federal government.
Unless a state’s elected officials are a bunch of morons. Guess where GA stands?
David R. Boag, DDS
August 21st, 2012
8:29 am
@ Skip 5:49 pm 8/20/12
Unfortunately for me, I can confirm for you that I am, indeed, a middle-aged white man who got pulled over in Riverdale over the weekend, and the first thing the officer did after identifying herself was to ask for my identification.
She was a black female police officer, and I was doing what she caught me doing. Can/should I claim race discrimination? Gender discrimination? Reverse discrimination? Did she pull me over just to get back at the white man? Is this an abomination? Help me understand how this works.
Or maybe–JUST MAYBE–my behavior was the reason I got the ticket.
Finn McCool (The System isn't Broken; It's Fixed)
August 21st, 2012
8:31 am
Read that again?
Then the surpluses come back, then the jobs come back.
Then the surpluses come back, then the jobs come back.
Then the surpluses come back, then the jobs come back.
Wha? What surplus? There was no Clinton surplus???? But….but…..but
iggy
August 21st, 2012
8:34 am
“Or maybe–JUST MAYBE–my behavior was the reason I got the ticket”
No. There has never been a more clear cut case of racism. You should complain to the NAACP.
tiredofIT
August 21st, 2012
8:34 am
If you want to stop illegal immigration then go after the businesses that hire them. Problem is the GOP will never do that, which means, they really don’t have a problem with it. Just another GOP distraction.
tiredofIT
August 21st, 2012
8:36 am
bob
August 21st, 2012
7:29 am
America whos ancestors immigrated “there are no illegal immigrants milking the system” . Really ? And Bill Clinton did hot have sexual relations with that woman, Monica Blewinski.
+++
And I bet Paul Ryan can’t open an Excel spreadsheet.
Finn McCool (The System isn't Broken; It's Fixed)
August 21st, 2012
8:44 am
tiredofit is right. You shut down those who are willing to pay illegals, the illegals move out. No one in the GOP is willing to do that. O is doing just that and deporting a record number of illegals.
Skip
August 21st, 2012
8:45 am
Dave DDS, I can’t believe so many missed the joke. What a tight azz group hangs here.
iggy
August 21st, 2012
8:47 am
As usual the liberals want to address the symtom and NOT the cause.
*Yawn*