Judge says SC police can check immigration status during stops

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COLUMBIA, S.C. — A federal judge has ruled that a South Carolina law allowing police to check people’s immigration status can go into effect during a lawsuit but kept in place a ban on other parts of the state’s tough new legislation.

In a ruling issued Thursday, U.S. District Judge Richard Gergel said that he would dissolve an earlier ruling that kept the contentious provision from going into effect. But Gergel also noted that both sides in an ongoing lawsuit over the issue will now have time to make further arguments in court.

Last year, the federal government and the American Civil Liberties Union sued to challenge the constitutionality of South Carolina’s new law, which was modeled on similar legislation in Arizona and considered among the toughest in the country.

Some parts of the law went into effect Jan. 1, including a requirement that businesses check new hires’ legal status through a federal system. Businesses that knowingly violate the law could have their operating licenses revoked.

In December, Gergel put the lawsuit on hold while the U.S. Supreme Court considered Arizona’s provisions. He also blocked sections of the South Carolina law, including the status check provision and policies that would make it a state crime not to carry immigration papers or for illegal immigrants to transport or house themselves.

Under the judge’s new ruling, Gergel also continued to block the paperwork provision, saying that only the federal government has authority over keeping track of people in the U.S. who aren’t citizens.

In a statement, South Carolina’s top prosecutor claimed victory in the decision to let the status check provision go into effect.

“Giving law enforcement this ability will make our state a better, safer place for all South Carolinians,” Attorney General Alan Wilson said.

Civil liberties groups challenging the law weren’t sure Thursday if they would appeal Gergel’s decision. ACLU attorney Andre Segura said his organization was happy the judge kept some of his prohibitions in place and said monitoring of the law’s implementation would continue.

“It’s important for everyone to know their constitutional rights,” Segura said. “All individuals, even if they lack status, have constitutional rights, and that includes the right to remain silent and the right to ask for a lawyer.”

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Brittanicus
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Brittanicus 11/17/12 - 03:10 pm
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LEAST WE FORGET THE THOUSANDS SLAUGHTERED BY ILLEGAL ALIENS ANNU
Unpublished

Over the first two year period, Nov. 4, 2012 will mark the National Remembrance Day for those killed by illegal migrants and immigrants. The National Remembrance Day was conceived by the Tea Party Immigration Coalition (TPIC) and last year, Rep. Steve King (R-IA) announced his sponsorship of a declaration making the first Sunday of every November the day we honor those Americans killed by illegal aliens. These numbers are in the hundreds of thousands, from drunken drivers, female assaults to child molesters. These daily occurrences hardly ever hit the headlines, because the Liberal media suffocates the facts to the general public. For far too long, we have sat around and watched as our fellow citizens die every year at the hands of illegal aliens, while our elected officials simply ignore the ever-growing crisis. The federal government does not keep comprehensive statistics (may be intentionally) on the number of crimes committed in this country by illegal aliens. On November 3, Rep. King, stood in silence just outside the Capitol building with Congressman Walter Jones, activists Jeff Lewis and TPIC founder John Stahl stood alongside Jamiel Shaw Sr.( a California athlete shot because he was dressed in the wrong colors) and Ray Tranchant My 16-year-old daughter, Tessa, was killed by a drunken illegal alien in Virginia Beach three years ago while sitting at a stop light (both of whom lost their children to the uncontrolled and even murderous actions of illegal aliens) and said:

“These are real human misery stories, where there's real hurt and real agony going on a daily basis in the United States of America, and we treat it as if it's just some kind of acceptable disruption of our lives. It's not. It's an interruption of innocent lives that takes place because we have a year of administrations that refuses to enforce immigration law.” Even before the Obama administration little was done to cauterize the murderous rampage of foreign nationals in our nation. For those lost, there are no wreath-laying ceremonies, no flag lowering or community congregations. For those families who are left behind truly suffer in silence. Perhaps if one of the immediate family members of politicians was slaughtered on the highway, or one of their children disappeared or a spouse was attacked, then they would expedite the right laws to stop these hideous travesties. Let us see how quick Democrat majority leader Harry Reid would fly into legislative action if on a Nevada highway he was holding in his bloody hands his injured daughter or GOP speaker of the House John Boehner, that one of two daughters was assaulted in Cincinnati, Ohio.

BEFORE PRESIDENT OBAMA PUSHES A PATH TO CITIZENSHIP FOR ALL ILLEGAL ALIENS ALREADY HERE, WITHOUT THESE POLICIES, BE PREPARED TO BE PAY MORE TAXES MONEY AND EVEN MORE GUARANTEED ONSLAUGHT FROM ACROSS THE WORLD.

BEFORE ANY PASSAGE OF IMMIGRATION REFORM FINDS ITS WAY THROUGH THE COMATOSED CONGRESS, TWO BILLS ARE A NECESSITY TO EVENTUALLY STOP THE INGRESS OF ANY MORE FLOWS OF HUNDREDS OF THOUSANDS OF ILLEGAL IMMIGRANTS. 1. THE LEGAL WORKFORCE ACT CONTAINING MANDATORY E-VERIFY AND HALT ILLEGAL ALIENS TAKING JOBS AND HOLDING EMPLOYERS ACCOUNTABLE. 2. A SIMPLE AMENDMENT TO END THE BIRTHRIGHT CITIZENSHIP BILL TO STEM THE INFLOW OF SMUGGLED BABIES EITHER UNBORN OR AS AN INFANT, INTO THE UNITED STATES TO GAIN INTENTIONAL RIGHTS TO BE A CITIZEN AND A MASSIVE FINANCIAL BURDENING THE U.S. TAXPAYER. 3. THE REINTRODUCTION OF FORMER PRESIDENT BUSH 2006 SECURE FENCE ACT IN ITS ENTIRETY. THIS IS A DOUBLE PARALLEL FENCE STRETCHING ALONG THE BORDER OF THE U.S STATES AND ITS SOUTHERN NEIGHBOR. AMERICA MUST REDUCE SANCTUARY CITIES, CHAIN MIGRATION, DREAM ACT LAWS AND THE ILLEGAL ALIEN INVASION. 4. A GOVERNMENT ISSUED PICTURE ID CARD, WHICH CONTAINS INFORMATION TO USE IN PROVING WHO YOU ARE?

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