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
Nichole Hernandez
June 27th, 2011
9:54 pm
well, obviously you are out of the loop. There are many people I know that have been deported on less than,felony charges, none that I know getting government assistance and there will ALWAYS be a black market for jobs under the table. Employers with less than 10 employees do not even need to use the E verify system….PERIOD! Trust me…as hard working as mexicans are, and as hard as it is for them to get a job, they will always bring home the bacon! Now that is the difference between a mexican who has everything going against them and americans who have every opportunity!
In the loop
June 27th, 2011
9:57 pm
“However, it’s clear that Thrash is no fan of the core thought behind the bill.”
Clinton appointee.
Daphne
June 27th, 2011
10:45 pm
You misspelled the judge’s name. It is Thrash not trash.The error is in this sentence “Trash also applied the injunction to the portion of the law that criminalizes the transporting and harboring of illegal immigrants:”
SuperGeorge
June 27th, 2011
11:43 pm
GA lawmakers did say the HB 87 law was much better than the Arizona law…
So constitutional that no Federal judge will stop it.
Give the idea the law will solve the immigration problem overnight or will do better than Federal gov.
So smart that offers solutions to business like farmers.
“Predictably, farmers have coldly received Deal’s suggestion that non-violent ex-offenders be hired. “Let them in the governor’s mansion, to be cooks,” sixth-generation blackberry farmer Gary Paulk says, “and I’ll let them on my farm. I want my family to be as safe as the governor’s.”
(Source: Time Magazine)
GA law HB 87 was done for RepubliKKKans to show we are doing something and we can do better than Arizona, knocking down brown people, Sample; DLM (Driving Like Mexican), racial profile.
And lawmakers did create that “fix illusion” in front of newspaper and TV ,in winter.
Reality is just a law can not create jobs overnight. Like a law will not solve overnight Americans high levels of alcohol and drug consuming.
Many Jobs went to China thanks to right wind ideas to avoid taxes.
G. Electric with Billions in profit did not pay a cent in taxes.
GA State budget is going red and hospitals needs money and… undocumented immigrants have no responsibility for recession, Wall Street excess, Bush age taxes reduction, or Corporate America doing business and jobs in countries like China to avoid taxes and take advantage of labor cheaper than undocumented workers in the US.
Michael
June 28th, 2011
12:01 am
The days of the poor, huddled masses migrating anywhere in this country (and this state) are as long gone as the ghost of Tom Joad.
Translated for you slack jawed jawjanz, git ova yerselves cuz da sowf iz not risin’ agin. So git yaself a straw hat, sum balled peenuts n a quarter coke cuz u fixin to git turnd.
JessicaD
June 28th, 2011
4:04 am
If the problem is them being illegal , then lets try and find a way to help them become legal quicker and cheaper. Many of the hispanics I go to school with actually care more about their education then the whites and blacks . The hispanic community is very friendly , hard working , and respectful. Yes there are a few bad apples , but every race has its bad bunch. If people would treat everyone equal maybe the world would be much better. Im tired of people always isolating others what makes you so much better than others. In the end only one person can judge and thats God. So the next time you wanna judge somebody because they are different stop and think about how much of an ass you look like.
The Centrist
June 28th, 2011
6:12 am
US House supporters of NAFTA included 132 Republicans and 102, Democrats, and it passed the Senate 61-38 with 34 Republicans and 27 Democrats. Think about the revisionist history going on in today’s debate on immigration and the intent of NAFTA,
A dad
June 28th, 2011
6:30 am
Marbury v. Madison is alove and well. Thrash, your judicial activism is an embarassment.
Patton
June 28th, 2011
6:31 am
When one judge can go against the will of the people why bother, we should just ask the judge his or her opinion and go from there. The south has continued to pay for the civil war because federal judges were installed after the war to control us
A dad
June 28th, 2011
6:31 am
Also, as a judge who is supposed to uphold the law, just what part of the term “illegal” didn’t you grasp?
The Centrist
June 28th, 2011
6:33 am
Cause: The Obama’s push for healthy eating while Bubba wears a hanging gut and butt as a badge of honor. Effect: Bubba favors illegal immigration laws that causes rise in healthy food prices.
eatmotacos
June 28th, 2011
7:00 am
Everyone knows that judges’ rulings are influenced by their personal bias’. The question is, how did Judge Trash, whose politics should be obvious, based on his background, get the case? Have the chicken, lint and onion farmers purchased the judicial system too?
E. Ruffin
June 28th, 2011
7:16 am
This judge just proves the fact that the vast majority of federal judges are petty tyrants or political hacks.
Laurie
June 28th, 2011
7:29 am
As a person who usually votes democratic, I am disappointed with the judge’s ruling. I believe illegal immigration is just that, ILLEGAL, And people who come to this country without going through the proper channels break a number of other laws that the rest of us are compelled to follow (ie driving with a valid license, maintaining car insurance, using our own identity to obtain employment, credit, etc…). The federal government has failed to respond to this very serious situation in a manner Americans want, so states are pushed to take action. Yet, this issue is about as clear as mudd to those in Washington.
Jerome Horwitz
June 28th, 2011
7:41 am
Will of the People = Tyranny of the Majority. That’s why we have courts and judges. To protect the rights of those who may actually disagree with the mob mentality.
seabeau
June 28th, 2011
7:57 am
When the Constitution was radified by the States,each state gave up some measure of its own sovernity to the federal government. However if the federal government fails to perform its duties in an expediant and perfunctionary manner it falls back to each state to protect its citizens from preceived or real harm. The Federal government has stolen to much power from the states and we need to call for a Constitutional Convention to resolve these issues. The great James Madison forsaw this federal power grab,which is why he demanded that a Bill of Rights be included in the Constitution of the United States.
truth
June 28th, 2011
8:11 am
I have never understood why Americans blame illegals for not having/taking jobs.
First of all, Americans get all the opporunities to be successful in this country. How can you have 15+ years of education and compete against illegals?? Maybe you should have paid more attention in class, stopped partying, drugs, etc
I will never understand that argument.
truth
June 28th, 2011
8:15 am
Anyways the Federal government knows that they cant kick out 1 million + people out of the US.
THe government should have taken care of this in the 80s/90s. Now its harder because of the family roots that have been created.
I would create amnesty for all illegals immigrants with no criminal record but only after I block the North/South border.
Red
June 28th, 2011
8:39 am
”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”
Wow. Are these numbers supposed to prove or mock? With well over 10 million illegals here it would take three to four years at this rate to remove all illegals. This law by itself did the work at a MUCH faster pace. Amazing how a state law that has not even gone into effect yet has done more to remove illegals than about 10 years worth of federal efforts.
J Throckmorton Malcontent
June 28th, 2011
8:39 am
Come on people now,
smile on your brother
everybody get together
got to love one another
right now
The REAL FedUp
June 28th, 2011
8:44 am
Hey “MEXICAN AND PROUD”…if you are so proud of being Mexican, why did you leave your beloved country? Why didn’t you and all your buddies stay there and try to make things better for your country?
Wjh
June 28th, 2011
8:49 am
Y’all don’t worry too much about this whole thing – There are so many built in llopholes in this set of laws it’s stupid. All the worker’s employer has to do is come up with one notoarized form and Viola, the illegal is working. This is nothing but a Republican Shell game.
Donna P.
June 28th, 2011
8:49 am
Doc, I will be doing all of my 4th of July shopping on Friday. Thanks. I guess you think it is ok for illegals to use fake SSI, green cards, or passports to get jobs and Welfare? If I did that, I would be put in jail and I’m an ancestor of the Pilgrims! I guess real Americans are the only ones being punished these days.
Aquagirl
June 28th, 2011
8:52 am
FedUp, maybe they didn’t want to get shot by American guns.
I really can’t wait until people like you realize nobody’s going to deport all the illegals. They’ll stay here just like your illegal ancestors, and their already-legal kids are either eligible to vote or will be soon. They’ll sweep people like you off into the trash heap of history, along with the “no Irish need apply” and “colored fountain” signs.
That’s going to be freakin’ funny.
Olderandwiser49
June 28th, 2011
8:59 am
Thrash, like most Federal judges today, ruled politically rather than judicially. Even mentioning foreign relations with Mexico and the other Latin American nations that signed onto the amicus brief shows that he puts more stock in the desires of foreign countries than he does in the protection and welfare of American citizens. I couldn’t give a rat’s behind what Mexico and the other drug-exporting countries think. They don’t want these people back because they can’t afford them and have no jobs for them to do. Also, it would cut off Mexico’s second largest income provider, as the illegals in the US send so much of their illegal earnings back to Mexico. Since Thrash seems to feel it is OK to make laws from the bench, our Legislature needs to REALLY crack down on what they are “allowed” to do – strongly enforce the E-Verify system violations (huge fines and/or jail time for offenders) and thoroughly audit the current welfare payment system in the State, cancelling any and all welfare payments being made to illegal aliens. Without jobs and “gimmee” programs, many of the illegals will move of their own accord. Also, start tracking down those using stolen or fraudulent IDs and those using bogus Social Security numbers, both of which are felonies. If these users have no other crimes outstanding, give them a choice – return to your country of origin (including family), or go to prison (like any US citizen would be forced to do for the same offense). If they choose the former, ICE doesn’t even have to get involved, since the illegal alien made the choice to go back, so it doesn’t violate any Federal law. What is happening to Georgia, Arizona, Utah, and Indiana will give us a small taste of Israel’s situation, surrounded and under constant attack by enemies. In the case of Georgia, our enemies are both foreign and domestic, with Latin America assaulting us from the south, and our own Federal government attacking fom the north.
kb
June 28th, 2011
9:01 am
The most important parts of HB87 are still there. If we don’t give them amnesty these illegall law breakers will start going back home when they lose their jobs.Reward them for breaking the law and we will have 11,000,000 more to deal with.Keep letting the government know the American citizens of this country will not stand for this!
Ryan Shakur
June 28th, 2011
9:02 am
Whenever I hear some of you toss up economic statistics (be it “illegality” or not), I wonder why you do it…is it because you TRULY care about the poor and indigent, or is it because YOU YOURSELF want to reap the benefits of government sponsored health care, food credits and housing.
Well, what is it?
Why do you like to define who is the “truly deserving”? Some of the same Americans you tout as being “left without” and “in need”, you criticize and slam every opportune time you get (such as these) because everyone else outside of YOUR standard of living are “lazy” or “irresponsible” or “un-American”. Looks like for this fight you got lucky and found the “illegals” to blame. It was great when they were cutting your grass, watching your children and cooking your food. Now that things done gone bad, you’re ready to make them the scapegoat. “Illegals” are not the sole reason things have crashed and burned, so get off the campaign trail already. What you need to do is quit following these nincompoops who obviously suck at running an effective government, both on a State level and on federally.
Maybe then your EBT card and Medicare or Medicaid will be available to you at your disposal.
where is the griping....
June 28th, 2011
9:04 am
funny how you don’t hear repubs griping about the supreme court legislating from the bench when it is the 5 republican appointees making all the decisions. they have gone and given corporations the same, if not more, rights than individual citizens.
i don’t remember seeing corporations mentioned in the constitution.
Voice of Reason
June 28th, 2011
9:15 am
Most American families are just 2 or 3 generations from immigrant status–especially those making such laws. SHAME on all of them.
Will
June 28th, 2011
9:21 am
Illegal immigration is not coming from latino’s only,even though they are here in greater numbers.Illegal immigrants are also coming from Europe,Asia,Africa and the Caribbean;so let’s not point fingers.
Rabbit
June 28th, 2011
9:22 am
The noise is deafening. This case DOES NOT make law. It simply applies the principles of the 206 year old opinion of Marbury v Madison and Arti VI Sec 2 of the US Constitution. Of course, some may be willing to dismiss these precedents. After all, the case was decided by a bunch of federal judges and the Constitution was drawn up by a bunch of guys who thought we should be taxed.
The immigration law, or portions of it, survives. Federal laws that impact international relations shouldn’t be compromised as an unintended consequence of local legislation. Yes, immigrants who fail to complete proper documentation should not enjoy the same benefits as those who are properly documented. But we’ve been whipped into a frenzy and anything the talk masters recognize as ingredient to keep the froth going is spoon fed to the screaming followers. Think for yourself. Read the opinion.
td
June 28th, 2011
9:23 am
Since we all want the illegals to stay then what is the answer? Do we just open our borders and let everyone in that wants to come? How do we pay for the services?
T4U
June 28th, 2011
9:50 am
I DO NO T BELIEVE ILLEGALS HAVE THE RIGHT TO REMAIN IN THIS COUNTRY LEGALLY! We know 3 couples who have 1 spouse who are trying to become citizens. They took the time to learn the language, become educated, work, and pay into our tax system. Their ability to obtain citizenship has been long and expensive. Why should someone who hasn’t paid their dues go to the front of the line?
There used to be signs going into North Carolina telling Mexicans how to sign up for welfare, Medicaid, public housing, ect. Shameful.
As for the farmers whining because they don’t have the cheap labor. I call BS on that! They are no better than other freeloaders sucking off the government teet. Farmers deserve no subsidies to leave their fields empty either. If you don’t plant your field then you sure as hell don’t deserve to be paid for it.
leave
June 28th, 2011
10:10 am
Had some move into the house next to me and only took two years to completely ruin the looks of the property from new to disastrous.
Elliot Garcia
June 28th, 2011
12:23 pm
I am not comfortable with illegals driving on Atlanta’s streets without a drivers license….we already have enough bad drivers…
Nate
June 28th, 2011
2:20 pm
T4U:
“As for the farmers whining because they don’t have the cheap labor. I call BS on that!”
And of course, you won’t mind the higher prices at the supermarket…
Michael
June 28th, 2011
3:04 pm
Politicians keeping you hillbillies focused on illegals while they rob you blind.
madblackman
June 28th, 2011
4:22 pm
if 50000 blacks enter mexico illegally do you think they are gonna accept this with open arms.if i steal your id and use it is that ok?if i use a fraudalent SS # is that now ok.will the police not be allowed to check me out
Trey
June 28th, 2011
5:05 pm
Michael, learn the definition of hillbilly. There’s a difference between redneck and hillbilly, and your assumption that all Ga folk are hillbillies is ignorance. Especially since you don’t know the difference between the two.
Second, you are a moron if you think we should just allow illegals to come over as they please.
JessicaD
June 28th, 2011
7:20 pm
I find it funny that everyone is having such a huge problem with this. Go back to when this was the Native American’s land and europeans ( also immigrants that didn’t have proper paperwork ) pushed out the natives. They brought diseases , war , and treated the natives like pure crap. I think I would prefer hispanics with fake paperwork over war and disease. And if it wasn’t for illeagal immigrants comming over here from europe whites wouldn’t be here and neither would the blacks. And what about the ILLEAGAL ASIANS , MIDDLE EASTERNS , and AFRICANS ???? Nobody cares if the the indian guy thats your doctor has fake paper work ! America really needs to get its nose out of the air.
Trey
June 28th, 2011
9:53 pm
Jessica, you are an uninformed fool. When the Europeans came here there was NO laws in this “country”, as it wasn’t even America at the time. Just land that The Asians inhabited during the ice age. News flash, we weren’t the only ones colonizing at the time. The Spanish were colonizing, too. How do you think South Americans got here? They colonized and bred with the Indians, like we did. Why do you think many descendants of Europeans also have Cherokee, black foot, Creek, or any other type of Indian?
By the way, who said no one cares if that Indian guy has fake paperwork? No one. This law is to get anyone out of here of illegal status. Go back to school, Jessica.
JessicaD
June 29th, 2011
12:37 am
Trey , the point is it wasn’t our land ! So how can we sit up here and treat these people like crap ?Yes they aren’t legal but we can find another solution besides kicking them out. And for the Indian guy look through the comments and most of them are about hispanics no one wants to see that that they aren’t the only ones who come illegal except for maybe two. And as far as school I am a proud high school student in all honors and AP classes passing with A’s and B’s.
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Brittanicus
July 1st, 2011
5:51 pm
The Dream Act in itself, might be a reasonable law allowing the students of illegal parents, to be permitted to stay in the United States? But the ramifications are more ominous, that once the students have legitimacy they can then start petitioning for family members and that by any other name is CHAIN MIGRATION. It further challenges more people to simply scorn what lax laws we have and just enter illegally. Immediate family members overtime can then bring in even more people, and this has set up a chain reaction. Just like another possibility of yet a second mass amnesty, it always attributes to costs. It has been verified that the 1986 accounting, when the final tally was made that it cost US taxpayers 76 Billion dollars. By the time of a further amnesty in today’s dollars and cents had been calculated, the Heritage foundation assessed such final bottom line of in the range of 2.6 Trillion dollars.
Now this dollar figure is based on the assumption, that there are only 11 to 12 million foreign nationals in the country, a number based on processing, background checks and an accumulation on other personal data along with medical examinations. But (FAIR) Federation of American Immigration Reform, ( NUMBERSUSA) and thousands of grass root sovereignty organizations have assessed the population figures to well over 20 billion. This is an overwhelming number to consider and a dollar figure to incredulous to even imagine. That would strip any gains against the $14.5 Trillion dollars we owe outside the shores of America. This nation must be entirely thankful to the great State of Arizona, who started this long and dangerous crusade against the tyranny inside the Obama administration that would welcome into America every indigent family from across the globe.
Stepping forward now the TEA PARTY is the only true way that will elevate this massive debt, placed upon taxpayers by thoughtless politicians. We cannot trust the Imperials in the Republican Party and we certainly cannot trust the undercover far Left, that has impregnated the Democrats. Either party has had their own agenda for omnipotent power of new voters through illegal immigration, or the overall influence from big business to relax laws, so millions can be used for a lesser form of slavery; except in both ideals the programmed taxpayer picks up the unknown estimated cost to support them. In three decades America’s working man/ women has lost a percentage of his wages, to support illegal immigrants. How academia thinks the economy would grow, must live in a delusional world, when nearly every State is burdened by instant citizenship baby laws, which under the current misinterpretation payments of cash to these families, has diluted every treasury.
Our schools are crammed to capacity, full of the children of illegal aliens, the health system slowly falling apart as more hospitals fail of wanton families to be treated; many of these institutions unable to survive. Then we have the US penal system choked with illegal alien criminals, that is yet another tax hike on the American population. The TEA PARTY is our only remedy as the Congress, have no sense of urgency to the impending financial crash. Perhaps Rep. Michele Bachman of Minnesota, Sen. Rand Paul of Kentucky, Sarah Palin of Alaska; all regarded as strong supporters of the ever growing TEA PARTY. Only the TEA PARTY leaders seem to understand the financial predicament we have truly manufactured for ourselves, from the years of corruption within equal parties. The TEA PARTY has astounded both political parties in power, and will release us from the years of rot and poor or intentional mismanagement to gain favor with open border lobbyists. The TEA PARTY Has sworn to the major majority of the American people, no new amnesties of any kind, which includes the dismantling of Sanctuary cities and towns, no dream Acts or anything assigned to foreigners who broke our stagnant laws.
To accomplish this task we must insist our government implement mandatory E-Verify and Secure Communities, which will track down both illegal workers and criminal illegal aliens. There must be no compromises, but that Congress should enforce these laws, without interference from the open border zealots or the elitest groups discount labor.
You should also introduce yourself to the people who run this devastated country at the Senate—202-224–3121/ House—202-225–3121 and tell them it’s time to depart of fight for the American taxpayer.