Community | December 22, 2011 | 8 comments

BREAKING: Federal Judge Blocks Key Provisions Of South Carolina's Anti-Immigrant Law

source: http://t.co/BvXUwRGQ

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letsliveinpeace
United States District Judge Richard Mark Gergel just handed down a preliminary injunction blocking several key parts of South Carolina’s anti-immigrant law. The provisions blocked by Judge Gergel’s opinion include:

•Papers Please: The SC law makes it unlawful for immigrants to fail to carry immigration papers. This provision is now blocked under Judge Gergel’s order. Additionally, Judge Gergel’s order suspends a provision prohibiting immigrants from presenting fake immigration papers to law enforcement.
•No Rides For Undocumented Immigrants: The SC law makes it a felony punishable by up to five years in prison to “transport, move or attempt to transport” an undocumented immigrant “with intent to further that person’s unlawful entry into the United States” or to help that person avoid detection by authorities. This provision is now blocked.
•No Shelter For Undocumented Immigrants: Finally, the provision of the SC law making it a felony to “conceal, harbor or shelter” an immigrant for the same purposes forbidden under the provision prohibiting transportation is also blocked.
Judge Gergel’s opinion hews closely to longstanding precedents establishing that the federal government — and not the states — must be in charge of our nation’s immigration policy. For this reason, it is an important reaffirmation of the fact that America has one policy towards foreign nationals, just like it has one policy toward trade with China or one policy towards war with Iraq, not fifty different foreign policies for fifty different states.

Moreover, while Gergel leaves some parts of the law in effect, it is possible that more provisions of the law could be struck down at a future date. Although a challenge brought by several immigrant rights groups challenged the entire law, Gergel found that they did not have legal standing to bring such a broad challenge. Accordingly, he did not reach the merits of the question of whether the entire law is unconstitutional, and a future lawsuit could do so.
http://t.co/BvXUwRGQ
  1. groups:
    Community,   News and Politics,   Politics,   Culture,   12 more
  2. tags:
    Business,  Immigration,  Illegal Immigration,  South Carolina,  4 more
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8 comments // BREAKING: Federal Judge Blocks Key Provisions Of South Carolina's Anti-Immigrant Law

  • supermanrico
    • 0
      supermanrico  

    • The stupid people who made the law are just nazis. The federal government should take care of immigration policies, the constitution was upheld by this ruling. Becoming a gestapo state won't solve anything.

    • 5 months ago
  • cmc101
  • RevKen
    • +3
      RevKen  

    • I hope for this judge's sake Newt Gingrich does not get elected. There is sure to be an arrest warrant with his name on it.

    • 5 months ago
  • paplanner
  • remanns
    • +1
      remanns  

    • - - -and so BIG BUSINESS can continue the "wage slave" trade.

      p.s. I have no problem with attacking many of those provisions,.....its just that we aren't going to do ANYTHING ELSE EFFECTIVE either. I want a national ID card - biometric -carried by EVERYONE and SERIOUS fines to employers of non-citizens.

      In essence -NOTHING is going to happen, and the problem will go on completely unabated, and the working man will continue to be progressively ever more screwed.

    • 5 months ago
  • rerushg
    • +1
      rerushg  
    • remanns:

      This has nothing to do with big business. Those laws are already on the books and enforceable immediately.
      And careful, please, with the biometric national ID thing. We've got enough Big Brother now. No need to ask for more. :)

    • 5 months ago
  • cherry5000
  • letsliveinpeace
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