Excerpts from judge’s ruling on Georgia’s immigration bill

As Attorney General Sam Olens points out, in the aftermath of U.S. District Judge Tom Thrash’s ruling, 21 of 23 sections of Georgia’s new illegal immigration law remain intact and go into effect on Friday.

Other victories for the state side of the argument include the judge’s dismissal of plaintiffs’ assertions that the law would violate a citizen’s right to travel.

Read the entire decision here.

However, it’s clear that Thrash is no fan of the core thought behind the bill. Here’s what he said about the key portion of the Georgia law — which he enjoined — that permits law enforcement officers to require proof of legal U.S. residency after individuals have been stopped for other purposes:

”HB 87 is state regulation of immigration. Section 8 attempts an end-run – not around federal criminal law – but around federal statutes defining the role of state and local officers in immigration enforcement….[B]oth the United States government and several foreign nations have expressed concern about the international relations impact of HB 87.

“In reference to HB 87, the President of the United States stated that “[i]t is a mistake for states to try to do this piecemeal. We can’t have 50 different immigration laws around the country.”…Mexico has also filed an amicus brief registering its concern that HB 87 will impede bilateral negotiations, hinder trade and tourism, and damage diplomatic relations between the United States and Mexico….

“These international relations underscore the conflict between HB 87 and federal immigration law. The conflict is not a purely speculative and indirect impact on immigration. It is direct and immediate…..”

Trash also applied the injunction to the portion of the law that criminalizes the transporting and harboring of illegal immigrants:

”Defendants wildly exaggerate the scope of the federal crime of harboring….when they claim that the Plaintiffs are violating federal immigration law by giving rides to their friends and neighbors who are illegal immigration. This is a good reason to require supervision of any attempts by Georgia to enforce illegal immigration law…..”

And there’s this general defense of federal immigration practices:

”The widespread belief that the federal government is doing nothing about illegal immigration is the belief in a myth. Although the Defendants characterize federal enforcement as “passive,” that assertion has no basis in fact. On an average day, Immigration and Customs Enforcement officers arrest approximately 816 aliens for administrative immigration violations and remove approximately 912 aliens, including 456 criminal aliens, from the United States….In 2010, immigration offenses were prosecuted in federal court more than any other offense….”

- By Jim Galloway, Political Insider

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146 comments Add your comment

Joel

June 27th, 2011
3:56 pm

Law making from the bench- what has happend to America?

dixiesdemons

June 27th, 2011
3:59 pm

The feds are the only ones that can stop state and local Jim Crow laws.

Sluggo

June 27th, 2011
4:08 pm

Agreed Joel, are these left-leaning activist judges that are legislating from the bench out of their “cotton-picking” minds.

Doc

June 27th, 2011
4:13 pm

He should have blocked more but it’s an EXCELLENT start! And the smack down on the B.S. the GOP goes on about the feds not doing anything is well put. What hogwash the republicans come up with.

I’m a white, 4th generation American and have nothing but pride in our immigrant communities adding to the richness of this nation.

If they are ‘illegal’ than some of the blame most definitely lies with the mess of immigration laws, post-9/11 hysteria, and American’s insatiable appetite for imported drugs created the situation everyone finds themselves in.

And a board to investigate claims that local govt’s are doing enough? Hilarious. Where’s the money for that? Guess all that money cut from the ethics commission and from not investigating why georgia is #1 for crooked banks and bank closings can fund that.

Still, remember to boycott all georgia establishments this friday, July 1st. Don’t spend one thin cent on anything in this state on this friday.

Young Lady

June 27th, 2011
4:15 pm

Actually there are legitimate power issues in the parts that were blocked. Anyone that has the least bit of understanding of the seperation of powers between the state and federal government knows that this is treading on a power that has historically been a federal power. This actually isn’t all that activist. There’s a clear conflict of powers that needs to be judicially resolved however the US Supreme Court will likely have to do that.

This will probably be resolved when the AZ law hits the US Supreme Court. And to premptively deal with this: The earlier ruling by the SC was for the use of E-Verify only. The ruling as to whether the state can enforce immigration hasn’t even been heard yet.

Doc

June 27th, 2011
4:15 pm

And people already spouting off with the ‘liberal judges’ rhetoric. How skillful you are in debating.

There are 3 co-equal branches of the government. They judiciary isn’t there to rubber stamp everything any hick redneck state senator wants to pass.

Get over it, Nancy.

Centrist

June 27th, 2011
4:25 pm

Even though most of the ILLEGAL immigration law was upheld, the activist Democratic party appointed judge will likely be overturned at the Appellate level on those issues where he feels his politics are more important than the people of Georgia who elected their legislatures who make law.

The Supreme Court will probably only take the case if the Appellate court does not overturn the Democratic activist judge.

td

June 27th, 2011
4:27 pm

Doc

June 27th, 2011
4:15 pm

Why the angry tone? You must be one of the open border crowds. The court did just about what many had predicted they would do. E-verify is the law, forged documents are going to be harder to come by because to have or make them is going to result in a prison sentence. Without the paperwork and the state looking at business closely then hiring will illegal slave labor will reduce and therefore they will leave the state. The SC will decide if local law enforcement can get involved and help with the burden of enforcement or not. If I was a betting man I would not bet against the current SC for making this whole law constitutional.

td

June 27th, 2011
4:29 pm

Centrist

June 27th, 2011
4:25 pm

“The Supreme Court will probably only take the case if the Appellate court does not overturn the Democratic activist judge”

I disagree because the 9th circuit will have a different opinion then the 11th so the SC will have to take both cases to determine what the law of the land is going to be.

BPJ

June 27th, 2011
4:31 pm

Hey, I’ve tried cases in front of Judge Thrash, and no one who has done so would characterize him as particularly liberal or conservative; he’s a judge who rules on motions based on his best reading of the law and the Constitution.

Tommy Gunn

June 27th, 2011
4:45 pm

Why do judges feel they can make law from the bench? It is PASSSED time for a Constitutional Convention called by the States to solve the problems with judges, and the federal government itself. I really doubt if the Federal government would allow it, which in itself would tear the very fabric our country is built upon.
We will see one day at least two if not 4 seperate countries formed in our beloved USA if something is not done to stop federal interference in the rights of states to govern themselves as THEY see fit, and judges don’t stop making law from the bench based on THEIR personal beliefs. A sad day indeed!

Rich in ATL

June 27th, 2011
4:46 pm

Claiming that this is simply another instance of a liberal judge legislating from the bench is great rhetoric but doens’t hold much wather factually. Obviously you didn’t even attmpt to read the Order. It’s so full of guiding case law, it’s painful to try read.

If you really think the judge got it wrong, make a legla argument. Otherwise all you provide is another uninformed opinion…..and we have plenty of those, thanks.

Another Voice

June 27th, 2011
4:56 pm

The Repuks love the labels the will call ANY judge an activist judge if the do not agree with the decision. They want to cherry pick the constitution and any legal decision they do not like….

Alice

June 27th, 2011
4:59 pm

I’ve often wondered why we don’t just make it easier to come here and work legally, if they are as needed as everyone says. The cat says because people who are here legally expect to be paid a living wage and the farmers don’t like that. In fact, if they could, the farmers would bring back slavery.

So, while immigrants spend their time demanding that we ignore certain inconvenient laws, no one is asking to make it easier to immigrate legally. Things just get curioser and curioser.

EDIMGIAFAD

June 27th, 2011
5:01 pm

@Another Voice – And the Democrats don’t do the same? If you believe either side is as pure as the driven snow – you haven’t seen the light of day recently…………..

FedUp

June 27th, 2011
5:02 pm

Here are the facts:

July 2010 report showed:
425,000 ILLLEGAL immigrants in Georgia. 7th highest state in the US. Does it take that many ILLEGALS to work on farms and construction (that has totally dried up during the recession?)
$2.4 billion is spent PER YEAR of the Georgia State budget to support ILLEGALS. Georgia’s total 2010 state budget was $18 billion. So 13.3% of the entire budget is spent on ILLEGALS.
$317 million is spent on ILLEGALS for medical care. Remember it’s AGAINST THE LAW for government services to be provided to ILLEGALS! So when the ILLEGALS come here and have a baby, what does it cost the taxpayer on average? $10,000 for the delivery alone.
$1.2 billion is spent on education for ILLEGAL immigrants children in the school system. Over 1/4 of all ILLEGALS are children.

So as you are sitting there thinking it doesn’t cost anything from your pocket to support ILLEGALS, think again.

Skipper

June 27th, 2011
5:12 pm

Many of ya are missing the point…..people argue all the time, and many Suprme Court Decisons are 5-4, which means damn near half the judicial system saw a law one way and half the other; so there will always be various interpretations of any law, all the way to the top! So what do we do, let everybody in? How do you stop what the Feds refuse to do??????????

Alice

June 27th, 2011
5:14 pm

So FedUp, what you’re saying is the price of produce may go up but our taxes and medical insurance may go down? I don’t know… That’s sounds too logical. I don’t think that’s going to fly in this Wonderland.

Another Voice

June 27th, 2011
5:16 pm

@FedUp yeah your sources are probably some sort Anti-Immigrant hate group. Very reliable….

td

June 27th, 2011
5:17 pm

FedUp

June 27th, 2011
5:02 pm

“So as you are sitting there thinking it doesn’t cost anything from your pocket to support ILLEGALS, think again”

You seem to forget that most of these libs on here wanting illegals to stay do not ay taxes, so they do not care what it cost.

Another Voice

June 27th, 2011
5:22 pm

@FeUp you convenietly leave out the contribution to GA GDP and the multiplier effect that their dollars spent leave as an economic spillover. Those are real dollars, FeUp you lie Medicare is only for US Citizens Illegals do not qualify for it…. What about the payroll taxes they pay into the system, what about the sales taxes they pay and can not claim back. There is a flip side to your BS and guess what it does not come down in your favor….. Guess what the veggies that you will eat with your dinner tonight were probably picked by a migrant worker, the hotel room that you stayed at in your last vacation was kept clean by a migrant worker, the last diner you had at your favorite restaurant yeah…that one too. to every cost there is benefit and in this one the benefits far outweigh the costs….

Centrist

June 27th, 2011
5:23 pm

I don’t need to make the legal argument – the state of Georgia is going to do that for me on Appeal and possibly to the Supreme Court.

Most of the law was upheld and is extremely unlikely to be overturned on appeal. SOME illegals will migrate home or to other states (California?) where their taxpayers don’t seem to mind supporting them. Other ILLEGALS and companies hiring them will chance it in Georgia and pay the consequences now that we have a law with teeth.

mexican and proud!

June 27th, 2011
5:25 pm

Georgia and most of the building industry is dominated by latinos. The company I woek for is hiring and have hired about 20 “citizens” this week none of them lasted 2 days! what dodes that tell you? americans dont want to work hard they want everithing handed to them.

td

June 27th, 2011
5:30 pm

Another Voice

June 27th, 2011
5:16 pm

@FedUp yeah your sources are probably some sort Anti-Immigrant hate group. Very reliable….

Well show us your numbers that disprove his? I do not know if the numbers are totally correct or not but little common sense tells you they are close. Per school data, nearly 10% of the students are in ESOL classes and the K-12 budget is almost $9 billion then it is not hard to say $1.2 billion is being spent on illegals. If we spend $4 billion per year on Medicaid and 5 to 10% illegal then $317 million is not hard to reasonably deduct.

Last Man Standing

June 27th, 2011
5:31 pm

Doc:

“There are 3 co-equal branches of the government. They judiciary isn’t there to rubber stamp everything any hick redneck state senator wants to pass. ”

If it truly is the function of the federal government, who is to hold THEM accountable for their INACTION? Your decription of a state sanator is “hick redneck”? I guess the majority of people in Georgia would be decribed by you as such as the citizens were the motivating factor in this legislation .

“Get over it, Nancy.”

NO. You “get over it”, and while you’re at it, get over yourself. Your views are shared by a minority of the citizens.

MyPatootie

June 27th, 2011
5:32 pm

I have come to the sad conclusion that the “internal implosion” and downfall of this once great nation of ours will come about as a direct result of 3 things: federal judges, illegal immigrants, and the gay and lesbian movement.

td

June 27th, 2011
5:33 pm

mexican and proud!

June 27th, 2011
5:25 pm
Georgia and most of the building industry is dominated by latinos. The company I woek for is hiring and have hired about 20 “citizens” this week none of them lasted 2 days! what dodes that tell you? americans dont want to work hard they want everithing handed to them.

I do not believe you. I know a great deal of out of work good ole country boys out in Paulding county that would gladly take the jobs in this limited market. I am sure there are a lot of other counties that can say the same.

Last Man Standing

June 27th, 2011
5:33 pm

mexican and proud!:

If you’re that proud, while don’t you go back to old Mexico and be proud there?

Centrist

June 27th, 2011
5:34 pm

@ Another Voice -

Among the key findings of The Fiscal Burden of Illegal Immigration on U.S. Taxpayers: http://www.fairus.org/site/News2/708226221?page=NewsArticle&id=23190&security=1601&news_iv_ctrl=1761

* The $113 billion in outlays for services and benefits to illegal aliens and their families represents an average cost to native-headed households of $1,117 a year. Because the burdens of illegal immigration are not evenly distributed, the costs are much higher in states with large illegal alien populations.
* Education for the children of illegal aliens represents the single largest public expenditure at an annual cost of $52 billion. Nearly all of that cost is absorbed by state and local governments.
* The federal government recoups about one-third of its share of the costs of illegal immigration in the form of taxes collected. States, which bear a much greater share of the costs, recoup a mere 5 percent of their expenditures from taxes paid by illegal aliens.

Some think that illegal aliens cannot receive welfare benefits, but they can, as a result of a provision known as PRUCOL (Permanently Residing Under the Color of Law). PRUCOL means a status that has the appearance of, but not the status of, a legal right. That is not a status created by legislation, but a status created by the courts, which cannot Constitutionally make law. Many states (like Georgia) do not ask or follow-up on illegal immigrants who apply for for benefits.

This designation, created by federal agencies in conjunction with the courts, applies to four federal programs to determine whether an illegal alien is eligible for benefits:

1. Aid to Families with Dependant Children (AFDC);
2. Supplemental Security Income (SSI);
3. Medicaid, and
4. Unemployment Insurance benefits.

Last Man Standing

June 27th, 2011
5:35 pm

MyPatootie:

Good observation, but you need to add “career corrupt politicians” to your list . . .

Rafe Hollister

June 27th, 2011
5:38 pm

No matter what your opinion is on HB87, there is not much LAW here. Seems the judge is just expressing his preferences. He is saying that he does agree with the sentiment out there that the Feds are not doing squat about illegal immigration so he is going to throw this thing out. Again, based on what law. Where does he refer to section and verse from the Constitution.

If we take this as the way that decisions are supposed to be determined, then the Supremes can just throw out Roe v. Wade by saying there are just too damn many abortions going on out there and no one seems to be in charge.

Rafe Hollister

June 27th, 2011
5:40 pm

should be does not agree with sentiment

max

June 27th, 2011
5:42 pm

I would love to see the faces of all you white people when you are in the minority group and Hispanics controlling every aspect of our society. Most of us wont see that day, but some will, and I will be laughing in my grave….

Frederick Douglass

June 27th, 2011
5:43 pm

LMS @ 5:35,

I won’t stand idly by, and let you debase our duly elected governor that way!

Last Man Standing

June 27th, 2011
5:44 pm

max:

When you are “shovel-ready”, they will put enough dirt over you that your laughter won’t be heard.

Last Man Standing

June 27th, 2011
5:46 pm

Frederick Douglass:

Choose the weapons and name the time and place.

Bluto

June 27th, 2011
5:47 pm

mexican and proud! your post tells me you do not understand what working hard means. You can work hard to improve yourself and get a better job than picking cucumbers or hanging drywall. Or you can just use your back and blame everyone else for your troubles.

candi

June 27th, 2011
5:49 pm

GA is a racist state, has a racist past, and this law is just another example. If we can’t discriminate against black people, let’s try to discriminate against brown people.

td

June 27th, 2011
5:51 pm

Frederick Douglass

June 27th, 2011
5:43 pm

Some of us understand that ALL POLITICIANS ARE CORRUPT. You support the ones that are closer to your philosophy and they are the ones your support.

Bluto

June 27th, 2011
5:51 pm

Max you have to read and write to be able to control society. Judging from your buddy Mexican and Proud, you guys have a long way to go. Don’t hate the player Max hate the game!!

summer

June 27th, 2011
5:53 pm

i think it is good that the judge made the injunction it was going against my rights as a u.s. citizen. I shouldn’t have to think that I will get put in jail and lose our kids all because my husband is an illegal immigrant. How is it harboring of illegal immigrant when he is the one that is paying all the bills and working to provide for the family? And for us to go outside of the house together as a family and have to worry is the police going to stop me for false pretenses just because they see that he is of brown color.It would be really heart breaking for my kids to see that he gets taken away in handcuffs and i have to be the one to explain to them what is going on because there are some crooked cops everywhere you go. And it is not as easy as everybody thinks it is to get legalized.It takes a lot of time and money. And it takes more than getting married to an american citizen

td

June 27th, 2011
5:54 pm

candi

June 27th, 2011
5:49 pm
GA is a racist state, has a racist past, and this law is just another example. If we can’t discriminate against black people, let’s try to discriminate against brown people.

Tell us then what being a non racist state would do to stop ILLEGAL immigration? Show me in this law where the state has said anything about legal immigrants?

Last Man Standing

June 27th, 2011
5:54 pm

Bluto:

They can’t dominate. If it were possible for them to dominate, they would have stayed in Mexico and dominated there. It is merely the wind blowing through the trees . . .

Aquagirl

June 27th, 2011
5:55 pm

Centrist, if you even read the crap you cut and paste, you’d know that PRUCOL was tossed out in ‘96. Illegal aliens are ineligible for “any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.’

That’s title 8. Not some crap website “Junto Society.”

http://www.law.cornell.edu/uscode/8/1621.html

Michael

June 27th, 2011
5:58 pm

The activist US Supreme Court struck down a state law that legalized marijuana. Supremacy clause. Or maybe you complainers can get enough other bumpkins together and secede again over yer states rites.

Rick in Grayson

June 27th, 2011
5:59 pm

max June 27th, 2011 5:42 pm

Consider that the US has a huge national deficit that will take decades to unravel. The welfare state has reached a pinnacle and the only way forward is a situation where billions fewer dollars are spent on welfare programs. That will cut down on the size of families on low incomes and Hispanic growth will fall off in the next couple of years. E-Verify has already been confirmed by the Supreme Court and a national E-Verify bill is working its way through Congress. Fewer illegal aliens will be getting jobs here in the US and citizen groups opposing illegal immigration (70% of US citizens oppose illegal immigration) will start targeting those employers who hire illegal aliens.

Last Man Standing

June 27th, 2011
5:59 pm

td:

I’ve finally learned that if you have an opinion contrary to someone else’s opinion, you are a “racist” or belong to a group (state) of racists. The use of this term now tells me that the person using it is intellectually incapable of producing a valid or logical argument against that with which they disagree. I just ignore them.

summer

June 27th, 2011
6:00 pm

just to let everybody know that in the state of georgia that illegal immigrants are not allowed to get any kind of medicaid foodstamps or any other government issued benefit even though they are pregnant

Centrist

June 27th, 2011
6:01 pm

Channel 2 WSB-TV showed with an under cover camera how easy it is to apply for benefits without ID and no questions asked. It happens all the time. Government programs expand because it is job security. Reality is what we are dealing with here, and that is why laws have to be passed to dissuade ILLEGALS and there benefactors who improperly give them TAXPAYER money.

big hat

June 27th, 2011
6:01 pm

DWH (driving while Hispanic) is the new DWB, not that DWB has ever gone away in GA.