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  • The Justice Department Plays a Losing Hand—Again

    The Department of Justice (DOJ) filed an appeal today with the 11th Circuit Court of Appeals of a federal district court’s decision refusing to issue an injunction against major portions of Alabama’s new immigration law.

    On September 28, Judge Sharon Blackburn upheld most of Alabama’s law, including a requirement that police officers check the immigration status of individuals stopped, detained, or arrested when they have a reasonable suspicion that the individual is unlawfully present in the United States.

    The inherent right of state and local police officers to make immigration arrests has been upheld by numerous other courts of appeal, including the Fourth, Fifth, Eighth, Ninth, and 10th Circuits. Even a unanimous Supreme Court recognized the authority of local police officers to inquire into the immigration status of individuals who have been lawfully detained in 2005 in Muehler v. Mena. This makes DOJ’s challenge even more unwarranted and dubious.

    Judge Blackburn also upheld a requirement that schools report on the immigration status of their students, as well as another provision barring illegal aliens from contracting with the state government or state courts from enforcing contracts with illegal aliens.

    DOJ was unable to challenge Alabama’s new requirement that employers use the federal E-Verify system to check the immigration status of new employees or a provision that allows the business license of an employer to be revoked for knowingly hiring illegal aliens. An identical provision in an Arizona law passed in 2007 was upheld by the U.S. Supreme Court in its last term in Whiting v. U.S. Chamber of Commerce. DOJ was on the wrong side of the Whiting case, too, and was handed a resounding defeat by the Court.

    The appeal itself is deceptive, since DOJ claims that it is suing because the Alabama law “is highly likely to expose persons lawfully in the United States, including school children, to new difficulties in routine dealings.” This is a highly misleading claim.

    The Obama Administration seems unconcerned over individuals legally in this country since the practical effect of the Obama DOJ’s lawsuit against Alabama (and Arizona) if it succeeds will be to prevent enforcement of our federal immigration laws. That would ensure that states extend the same type of general amnesty to illegal aliens that the Administration has implemented in the executive branch without legislative authorization by not enforcing federal immigration laws.

    DOJ’s claim that Alabama’s law disrupts diplomatic relationships is a sign of the Administration’s unwillingness to defend American sovereignty—no country has the right to require the U.S. to accept illegal immigrants. The DOJ appeal is also very revealing since the Administration objects that the Alabama law prevents illegal aliens from being able to “lawfully obtain housing, enforce a contract, or send their children to school without fear that enrollment will be used as a tool to seek to detain and remove them and their family members.”

    In other words, the Obama Administration believes that illegal aliens have the right to live, work, contract, and go to school in the U.S. without being detained, removed, or deported—in complete contradiction of federal law.

    Of course, the advantage of DOJ’s appeal is that it will hopefully put Alabama’s immigration law on a faster track to being upheld by the 11th Circuit and eventually the Supreme Court. Given the Holder DOJ’s losing track record in the Supreme Court on immigration issues, it is highly likely that most of Alabama’s approach, if not all, will eventually be upheld by the Supremes.

    In the meantime, there is already evidence that the Alabama law is working and causing illegal aliens to self-deport. Alabama officials (and taxpayers) are faced with enormous, un-reimbursed expenses caused by illegal aliens in education, health care, and incarceration costs. They are surely happy to see those who have violated federal law (and have taken jobs away from citizens) head for states like California, which have been made virtual sanctuaries by their legislators and governors.

    It is doubtful, however, that the taxpayers of those states, who have to pay billions of dollars for benefits for illegal aliens, will be very happy about the added burden they are going to incur.

    Posted in Featured [slideshow_deploy]

    15 Responses to The Justice Department Plays a Losing Hand—Again

    1. carol,az says:

      Yes, it's all very predictable isn't it._ Another state protecting its citizens and their state rights against the reality of_ the new age Federal chaos and anarchy .
      No surprise by the actions of the DOJ going after Alabama _Yet No one ever discusses going after ALL Sanctuary State_ getting earmarked fundings in direct violation of Federal Law in the billions.
      Few state realize the DOJ leveling lawsuits against our Sheriff's Dept_ here in AZ, and after that_ lawsuit leveled at specific Sheriffs_ who are protecting you and our border.
      It's really insane given the voracity of the violence that continues on our border and the millions spent in defensive legal fess.
      My message to the rest of America;
      We stated loudly and clearly two years ago when the DOJ declared war on AZ_ that if this happen to us, you're next.
      Sadly, no one could predict how prophetic a nightmare in the making_ beginning with us, and traveling at the speed of light_ as it continues on hundreds of other levels_ as the same corruption.
      God bless America.

    2. Bev says:

      I've been saying for quite some time, that if we make life a lot more uncomfortable for the illegal they will go away. I think the Georgia law hits the nail on the head and I wish Texas would do the same.

    3. buck says:

      There is no justice department in the usual sense , just a poorly run criminal interprise .

      • Ace Smksmrknk says:

        Sad but true. Unfortunately, taxpayers are now footing the bill (and have been for some time) for a department designed to use every possible loophole to interfere with states' rights and to keep the Federal Government from performing the duties that are constitutionally mandated.

    4. hugyourfreedom says:

      Federal Immigration and Nationality Act
      Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

      State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws.

      - U.S. v. Vasquez-Alvarez
      -Gonzales v. City of Peoria, the Ninth Circuit opined in an immigration case that the "general rule is that local police are not precluded from enforcing federal statutes," 722 F.2d 468, 474 (9th Cir. 1983).
      -United States v. Santana-Garcia, 264 F.3rd 1188. 2001: United States Court of Appeals, Tenth Circuit:
      "We noted just recently that state law enforcement officers within the Tenth Circuit "have the general authority to investigate and make arrests for violations of federal immigration laws," and that federal law as currently written does nothing "to displace . . . state or local authority to arrest individuals violating federal immigration laws."
      -United States v. Mendez

      I could go on, but why bother? Over and over, our courts have held that local law enforcement (state) have the authority to check citizenship status.

    5. debdash says:

      So the taxpayers of sanctuary states are not going to be happy with the "added burden they are going to incur." This is laughable. If you want to be a sanctuary state, then YOU have to pay the price.

    6. H Snyder says:

      It is astonishing and frightening that some of the smartest lawyers in the U.S. are dedicated and working so zealously to bypass the duly passed laws of the country, to allow illegal aliens to have the same rights and public benefits as U.S. citizens. There is no precedent I can think of which gives persons in the country illegally all the public benefits enjoyed by legal, taxpaying citizens. It is even reminiscent of the Communist ploys; using the strength of an adversary against him: Overburden the welfare-state benefit system in order to bankrupt the nation, which will be the result of unbridled welfare benefits to over ten million illegal aliens.

    7. RHolland says:

      The DOJ is an arm of the Obama campaign machine. Another example is the Gibson guitar company.

    8. Mike, Wichita Falls says:

      If Holder is not corrupt, he is incompetent to run the DOJ and is in way over his head like his boss. Chairmen Issa & Grassley, investigate him and keep up the pressure until he resigns. This is simply unacceptable. Holder's actions and inactions, filing late appeals on Obamacare challenges, dropping the case against the Black Panthers, failing to defend DOMA, failing to investigate Solyndra, lying about Operation Fast & Furious, and insulting the American people about race relations, pale those of Gonzalez who was forced to resign over firing attorneys who worked under him. Make Obama defend Holder like he defended Reverend Wright. It's political suicide.

    9. Pete says:

      Go 'Bama !!!!

    10. carol,az says:

      I'm Not aware IF any state has sued the Federal Govt for funding in the trillions, for programs gifted to the 70 cities ,counties, states now reported as sanctuary, all costs paid for by us.
      Yes , under Federal law this against the law.
      Certain Alabama will be put through the same circus AZ continue to go through.
      What most states don't realize is the millions of dollars in court costs that we have paid out, and continue to pay-out, for states rights, to uphold the Federal laws refused to be enforced.
      Thank you great state of Alabama!.

    11. RennyG says:

      LOVE IT!!!!!!!!!!!!!!!!!!!!!!!!!!!! :)

    12. Bobbie says:

      how dare the government hold us accountable to the costs of governmental dereliction. Rules are changed or not enforced according to skin color? citizen or not, status? The only ones EVER to benefit from suing the American government are the ones who government favors to be tax exempt. Why are some foreigners unaccountable to the process? What exactly is the excuse? Why aren't violators of the law held accountable under the intelligence of the current president? Why are ANY American immigrants made exception to the laws and taxes that reside in America, NOW?

      What a gross and extreme design set forth by the poorest OF MINDSETS in American leadership with the richest of all American's monies taken nothing but advantage of to undermine America's principles, values and human decency! To have one man's content convince Americans another man's content is less than a man is absolutely disgraceful and TOTALLY BELITTLING! How dare you Mr. President, to hold ANY MAN responsible for those you hold unaccountable to their PERSONAL acts of behavior! CON MAN OF DEGRADING PROPORTIONS!

      God Bless Alabama and all states WHO STAND STRONG to believe in America's purpose, principles and ALL AMERICA'S PEOPLE!!

    13. Jeanne Stotler says:

      I believe Pr. Wm. co. Va, filed suit for repayment of all the cost for housing illegals in county jail, All should be filed against Mexico, who encourages them to come here and teaches them that in reality the southern states belong to them. We've been too leinent and have not passed a bill using English as the official language, we allow their children to attend school but do not charge tuition. If an American child wants to go to a public school in a district they do not reside in, they must pay tuition, why not children of illegals?? And yes let's get this 14th admendment straightened out, their parents do not obey our laws, therefore their children are illegal and not cictizens. 14th reads: Para 1. "All persons born or naturalized in the US, AND SUBJECT TO THE JURISDICTION THEREOF, are citizens of US and the state wherein the reside" Let's enforce our laws equally. the balance is about Congress, and war debt.

    14. jb2011 says:

      Not only are illegals given preferrential treatment n this country they have and continue to file federal tax returns with IRS using social security numbers belonging to other people, people who have died or simply made up numbers. IRS ingnores those social security numbers and the FRAUD. IRS issues illegals "Individual Tax I.D. #" that replaces the Fruadulent numbers. This has been going on for years! IRS does not, for the most part, does not pursue legal action against the illegal.

      On the other hand, IRS encourages their employees to seek prosecution against legal citizens for unintential errors or simply not able to and can't afford to pay their taxes because of burdens placed on us.

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