Tuesday, June 28, 2011

Rotten Peachtree

As expected, a federal judge has blocked parts of Georgia's immigration law from taking effect.

Judge Thomas Thrash also granted a request from civil liberties groups to block a part of Georgia's law that penalizes people who knowingly and willingly transport or harbor illegal immigrants while committing another crime.

"The defendants wildly exaggerate the scope of the federal crime of harboring under (the law) when they claim that the Plaintiffs are violating federal immigration law by giving rides to their friends and neighbors who are illegal aliens," he said.

The judge was especially critical of that provision, blasting the state's assertion that federal immigration enforcement is "passive." Thrash noted that federal immigration officers remove more than 900 foreign citizens from the country on an average day.

He also wrote that the state measure would overstep the enforcement boundaries established by federal law. Thrash noted that there are thousands of illegal immigrants in Georgia because of the "insatiable demand in decades gone by for cheap labor" in the agriculture and construction industries. But he said the federal government gives priority to prosecuting and removing illegal immigrants who have committed crimes.

The civil liberties groups had sued to have those and other provisions blocked before they took effect Friday, though Thrash did toss parts of that lawsuit. The groups had argued that the law allows unreasonable seizures; blocks a constitutional right to travel; and restricts access to government services on the basis of national origin. The judge dismissed those claims, along with allegations the measure violates property rights and the state constitution.

So it's a partial victory, mostly on grounds that the state is stepping in on what should be a purely federal duty, and that's in line with other similar provisions partially blocked by federal judges in other states besides Georgia.  Again, completely expected, and until one of these state cases reaches SCOTUS, it will be repeated in red state after red state as they all vie to become the State That Hates Brown People The Most.

The endless war against people who are not white males is the GOP's top priority at the state level.

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