Immigrants Sue Over Local Immigration Enforcement Program

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Friday, October 15, 2010 at 10:01 am

Three immigrants in Georgia filed what some experts said could be the first legal challenge to the 287 (g) program, an Immigration and Customs Enforcement program that allows the agency to delegate some immigration enforcement responsibilities to local police. The immigrants are seeking to have the case declared a class-action lawsuit for “all Hispanic persons who have been or will be restrained and interrogated within the State of Georgia” by local law enforcement under the 287 (g) program.

The program, which was created in 1996, allows the Department of Homeland Security to train local law enforcement to enforce immigration law. It has been criticized by immigrant rights groups and a 2009 Government Accountability Office report for leading to deportation of low-level criminal offenders — minor violations of traffic and open-container laws — instead of focusing on serious crime by illegal immigrants.

Critics also argue it leads to racial profiling, particularly among Latinos, and creates a fear of police in immigrant communities. Sheriff Joe Arpaio of Maricopa County, Ariz., has been accused of abusing the 287 (g) program to carry out controversial sweeps of immigrant-heavy neighborhoods. Arpaio’s office was limited to using the program only in jails — not to make arrests — in 2009.

In Georgia, the program has been used to identify more than 14,690 illegal immigrants for deportation in its four years in the state, ICE officials told the Associated Press. Four counties in the state, and its Department for Public Safety, have signed agreements to participate in the program.

The AP has more on the lawsuit:

The lawsuit alleges ICE has failed to train, supervise and otherwise oversee sheriff’s deputies in Cobb County, where the three plaintiffs live. It also claims ICE has improperly delegated its power to local authorities.

“This is a bad thing, and it tears apart families,” said attorney Erik Meder, who filed the lawsuit. “While these people are certainly in the country illegally, they aren’t criminals and don’t deserve to be locked up and separated from their families.”

Immigration officials have broad discretionary power and should not be issuing a notice to appear — which initiates deportation proceedings — for illegal immigrants who are arrested and discovered to be in the country illegally after initially having been stopped for relatively minor offenses, the lawsuit says.

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37 Comments

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Joelwisch2
Comment posted October 15, 2010 @ 4:02 pm

Elise Foley as well as the Washington Independent apparently does not know the difference between illegal aliens and immigrants. The lawyer who filed the suit intimates to us that he is trying to stop the break up of families, and that tells us deportation is the worry, and illegal aliens are worried about it.

They are the very expensive illegal aliens. They are not immigrants. Wikipedia can provide you definitions, and they are needed by the paper and the reporter.
http://www.wikipedia.org/
Per breaking up the families: Mexico is a wealthy country.
http://en.wikipedia.org/wiki/Mexico

This article in Wikipedia tells us the Mexican Nation is ranked number 11 in the world economies. The U.S. is not ranked in the Wikipedia, but they shore have this:
The U.S. welfare state is among the most austere in the developed world, reducing both relative poverty and absolute poverty by considerably less than the mean for rich nations,[86][87] though combined private and public social expenditures per capita are higher than in any of the Nordic countries.[88] While the American welfare state does well in reducing poverty among the elderly,[89] the young receive relatively little assistance.[90] A 2007 UNICEF study of children's well-being in twenty-one industrialized nations ranked the United States next to last.[91]
==============================
We need to detain and deport illegal aliens. There are no such things as broken families.. they can get together in the homeland of the illegal alien, and do that LEGALLY. Further, we need to point our money at OUR problems.. not the people Mexico call Heroes for moving to the U.S. to earn foreign capitol. And we need to do that NOW!


Michaeldoneganan707
Comment posted October 15, 2010 @ 5:25 pm

Thanks to the Lazy Americans who let Mexico take advantage of the Americans Generations took the Time to Build


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Getsix1
Comment posted October 15, 2010 @ 6:12 pm

i want to bring a lawsuit against Mexico a class action. to recoup all the tax payers money spent on food stamps, welfare , medical,and for court cost, and shelter in our fine prison system. also money for the victims off the illegals the murders, rapes, child abuse, the Mexican government knowing assisted, and promoted illegal entry into the united states,


Ralph
Comment posted October 15, 2010 @ 6:43 pm

All I can say is WOW! This is the environment we've created? Their attorney says they shouldn't be treated as criminals? Then what should they be treated as? They ARE criminals! What else can they be treated as?


Ralph
Comment posted October 15, 2010 @ 6:50 pm

Definitely agree about illegal immigration, but would disagree with your sentiment on the reporter. It seems to me the article was simply reported, with no bias. Which I find refreshing.


Lydia Lozano
Comment posted October 15, 2010 @ 7:53 pm

Another thing this story doesn't say is that the lawyer, Eric Medar, works for the Mexican American Legal Defense Fund, MALDEF, which receives FEDERAL TAX DOLLARS. We are paying for this crap lawsuit, which no doubt will provide this ambulance chase a new Porsche before it's all over.


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Miniwelder
Comment posted October 15, 2010 @ 8:41 pm

if they don't like our laws ,sent them back to mexico,, see how mexico treats them,,if there illegally here then they are criminnals,,an if Nobama would do his job,then we wouldn't have these bullshit lawsuits.


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Grwilliams20
Comment posted October 15, 2010 @ 10:40 pm

This is unprecedented, a law violating class challenging the right of the federal government to detain them as the result of apprehension for committing a crime. What other group of offenders has ever been permitted to challenge the right of our legal system to detain them? It should be thrown out of court on summary judgment. Any judge that grants standing to these people should be impeached.


Grwilliams20
Comment posted October 15, 2010 @ 10:42 pm

Concur. In this case the messenger is not the problem.


Katycab
Comment posted October 16, 2010 @ 1:34 am

It says that the lawsuit is being brought by HISPANICS that are being harassed, not illegal immigrants that are being harassed. There is a big difference.


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Rn7755
Comment posted October 17, 2010 @ 8:33 pm

They're freaking criminals by merely being here!


Rn7755
Comment posted October 17, 2010 @ 8:35 pm

Exactly. Maybe somebody should seriously do that.


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