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  • Federal Court Immigration Decisions Breeding More Arizona Enforcement Laws

    If you want prime examples of what is wrong with our federal courts and our immigration policies, two recent cases show how much harm liberal activists who masquerade as “impartial” judges can do—and how illegal immigrants not only game our enforcement system but actually make money off of it.

    The first case involves an illegal immigrant, Cecil Harvey, who was deported back to Barbados in 2007, although that did not stop him from filing a lawsuit courtesy of the Cardozo School of Law. Harvey has just been paid $145,000 by the state of New York for supposed violations of his “civil rights” after a ruling by a federal judge against New York. The state’s violation? They held Harvey at Rikers Island for 35 days under an immigration detainer warrant before he was turned over to Immigration and Customs Enforcement (ICE).

    Harvey was in Rikers, after three previous arrests, because he had once again been arrested for public drunkenness and drug possession. But federal regulations, for which there is no rational rhyme or reason, specify that an illegal immigrant being held by local authorities under a detainer warrant issued by ICE can be held for only 48 hours. So if ICE doesn’t pick the alien up almost immediately—something that this Administration has demonstrated it has no interest in doing—then local authorities have to release the illegal immigrant, no matter what federal crimes he may have committed in addition to his obvious immigration violations.

    If we had a rational, common-sense immigration enforcement policy, then our rules would specify that if you are in this country illegally, then local, state, and federal authorities have the legal right to detain you when you are caught until you can be deported. Yet in this case, a habitual criminal who was admittedly in this country illegally, and who was eventually deported, now gets $145,000 in taxpayer funds to “compensate” him for being in jail for a month! I won’t even talk about the outrageousness of the fact that he wasn’t deported the first time he was arrested instead of after his fourth arrest.

    The second case involves a whole group of illegal immigrants who were arrested by ICE in raids in New Haven, Connecticut—a town that welcomes illegal immigrants, even issuing them identification cards. The aliens filed a lawsuit claiming violations of their Fourth and Fifth Amendment rights because ICE arrested them in personal residences without search or arrest warrants. Keep in mind that these alien plaintiffs were in the United States illegally; in fact, Clinton appointee Judge Stefan Underhill specifically notes that these illegal immigrants did “not challenge their detention.” In other words, there is no question they had violated federal immigration laws and were here illegally.

    However, Underhill is very careful to refer to these illegal immigrants as “undocumented aliens” in his 43-page court order that refused to grant all of the government’s motions to dismiss (which means the case will go forward). The use of that term is always an easy clue to the liberal views of an activist federal judge, who in this case has allowed a lawsuit to proceed against ICE agents who were doing their jobs. “Undocumented aliens” is an Orwellian term that has no legal meaning and was made up by Jimmy Carter’s INS Commissioner Leonel Castillo, one of the most unqualified political appointees to ever hold that office, in order not to offend radical Hispanic separatist groups by using the legally accurate term “illegal aliens.” It is the equivalent of calling a drug pusher an “unlicensed pharmacist.”

    The end result is that this liberal federal judge believes that illegal immigrants who were detained in residential raids by ICE—aliens who did not challenge their detention—have claims against the government because ICE allegedly detained them without an arrest warrant or probable cause. This despite the fact that federal law (8 U.S.C. §1252) denies federal judges such as Judge Underhill the jurisdiction to review a discretionary decision of the Attorney General or the Secretary of Homeland Security—such as the decisions to detain these illegal immigrants. The same federal law makes it clear that “judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken … to remove an alien from the United States” (which would include Fourth and Fifth Amendment claims) can be raised only in a “judicial review of a final order.” But this case was not filed over a final order of removal, and the illegal immigrants had not contested their detention, so Judge Underhill was essentially ignoring federal statutory limitations on his power to review the claims raised by these illegal immigrants in a separate lawsuit.

    The good news, however, is that with legislatures starting their new sessions in many states, The New York Times is reporting that at least six states are planning to introduce Arizona-style laws intended to combat illegal immigrants, including Georgia, Mississippi, Nebraska, Oklahoma, Pennsylvania, and South Carolina. It is true that parts of Arizona’s law were declared “unconstitutional” by a federal district court, a decision that Arizona has appealed to the Ninth Circuit. But that decision was wrongly decided on very specious grounds and ignored prior precedent. It is probable that lawsuits filed against other states that pass Arizona-style laws will not have the same results. This would also open up other fronts in the legal battle against the Justice Department’s unprecedented and unwarranted lawsuit against Arizona.

    Posted in Legal [slideshow_deploy]

    14 Responses to Federal Court Immigration Decisions Breeding More Arizona Enforcement Laws

    1. NB, Sussex, WI says:

      Great article. Not many liberals are aware of facts. They are too busy talking about the "american thing", "common decency" and "they are just trying to get a better life for their kids" .

    2. Erik Kengaard, Falls says:

      the legally accurate term is not “illegal aliens.”The term used in US Code is "unauthorized alien." Look it up.

      Errors diminish the impact of your message.

    3. DEC says:

      Why are illegals givien so much discretion when they are not authorized to be in this country and breaking so many laws in the process? What "rights" do non-citizens have?? They should have none! It seems pretty cut and dry, you are illegal, you get deported. What is there to decide? When our gov't and judges decide to enforce our immigration laws and quit siding with the criminals, then this country can get back on the right track. Being illegal is a crime and we have to stop coddling the criminals.

    4. Bobbie says:

      okay, so illegal immigrants can violate civil law by entering illegally and turn around and file a suit against their civil rights being violated? Get these illegals out and hold all government members civilly accountable who corrupt right from wrong. The government lefty's are wussies and worthless to the principles of this country and to misdirect immigrants is highly unethical and not representative to this country.

      Remove these violators of authority on the basis of failure to enforce the rule of law, resulting in the endangerment of innocent (law abiding) lives and including various expenses infringed on the innocent (law abiding).

    5. Klatu Berata Nicto says:

      I see nothing wrong with putting out the "no vacancy" sign. Lest we become China, and start limiting family sizes to one child per household. Our population has already outgrown our dated infrastructure. Anyone using our pothole laden public roadways, or standing in line at the DMV or unemployment office for a few hours can attest to that. And with people coming in "willy-nilly", under the radar, the problem grows exponentially. There has to be a limit.

    6. Nathan, CA says:

      Well Erik if you want to call them undocumented, that is your perogative, but I will continue to call them illegal aliens or immigrants but they will always be referred to as illegal.

      That is exactly what they are.

      If it walks like a duck, looks like a duck and quaks like a duck, it must be a duck

    7. VH, WA says:

      @ Erik, Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

      * Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

      * Eludes examination or inspection by immigration officers; or

      * Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

      ILLEGAL IMMIGRATION to the United States refers to the act of foreign nationals violating U.S. immigration policies and national laws by entering or remaining in the United States without proper permission from the United States government .

      Where does it say "unauthorized Alien"? I believe the correct term is "illegal alien"…

    8. Maya says:

      This country better start paying attention to ILLEGAL immigration! We can no longer afford to pay out all these social benefits that they require. Our cities are broke, our states are broke and the Feds keep printing money with nothing to back it up. We are heading for the great abyss people! As far as the ILLEGALS crying racism that doesn't hold water because they always use that when anyone disagrees with them. It doesn't work anymore! No one believes you! If anyone are racists it's the ILLEGALS and their cohorts. La Raza (The Race) is the Latino KKK for heaven's sake!

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    10. Carol,AZ says:

      Thank You Maya, you are correct on all points. La Raza members were bussed-in, imported to AZ during the hearing of SN-1070. Reported here, paid for by unions from CA. They decimated our flag, blocked the entrace to our jailed. When arrested , seems that no one was around to bail them out. No surprise there!

      Thank you Nathan from CA, for quoting the law correctly and also VH, from WA.

      Thank you my fellow Americans.

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    12. a. aguilar, wauchula says:

      What I don't understand, is why they have the wet foot dry foot for cubans, but if you are from south of the border, you are an illegal alien. I guess the cubans have more friends in high places. and just for the record, my grandfather was from cuba, so its not a case of sour grapes. these people are not taking jobs from us. if we have to do the jobs they do, the pay rate would put the cost of all produce out of everyones reach. they send money home to their families. so what! the wealthy in this country go to europe and spend a ton of money there. I don't see the difference. we definetly do have more than our share of illegals, from many countries. but I don't know how we can afford to eat if we kick them all out. I don't know anyone young or old from this country, that would do that work for the price they get. there must be a compromise somewhere.

    13. Estoban says:

      Illegal invaders have no civil rights except in their homelands. We need to stop the nonsense of plea bargains for the illegals, as it just amounts to an invitation to hang around and commit more crimes.

    14. Arizona says:

      We should just round up all the aliens and put in a concentration camp and gas them to death. I understand that the U.S. is going through some self inflicted economic problems. Not to mentioned the never ending depth it continues to get it self in to by having a federal bank (that is no more federal than federal express) that is not in any way shape or form regulated or supervised by the goverment or any other type of nonprofit organization.The truth of the matter is that this country is a country made by immigrants, the immigrants were the ones who came across the atlantic ocean killed all the natives and colonized the for lack of better word the americas. In order to stop the economic problem you have to start of the route of the problem which is the press. Do you think all the people who control the world and the u.s. really worry about immigration problems? NO, they you the slaves worry about that so that you can have to keep your self occupied with while they continue to withhold information and get richer at your expence. It is time the people of the united states pay tribute to the funding fathers and open up their eyes and see the big picture. SEE what is on TV , in your Water, in your food, in your medicine and in the medicine the fda does not allow you to have and not to forget in your fake HISTORY that is thouth to you. What happen to all the people who stod for something, who would not stand for everything that we allow to happen. ITS TIME TO WAKE UP!!!!!!!!!!!!!!!!!!!!!!!!! AMERICA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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