Friday, December 23, 2011

Another Blow from a Federal Judge to Idiotic State Legislature that attempts to interfere with Federal jurisdiction!

Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M. Gergel, which temporarily enjoined three provisions of South Carolina Act 69 and found a fourth provision likely to be overturned in future proceedings. The ruling makes South Carolina the sixth state—after Arizona, Indiana, Georgia, Utah, and Alabama—to see major parts of a punitive immigration law blocked in federal court.
Following its enactment last June, South Carolina Act 69 was challenged in court by both the federal government and a coalition of civil rights groups. Today, in a 42-page opinion, Judge Gergel entered temporary injunctions against the following provisions, finding each to be preempted by federal immigration law:
  • Section 4, which makes it a state crime to transport or harbor undocumented immigrants, or for undocumented immigrants to allow themselves to be transported or harbored. 
  • Section 5, which makes it a state crime to fail to carry an immigration registration document issued by the federal government.
  • Section 6, which requires police to try to determine the immigration status of any person under investigation or arrest whom the officer has “reasonable suspicion” to believe is in the country illegally, and which makes it a state crime to possess or attempt to use a fraudulent identification to establish lawful presence in the United States.
  • http://www.americanimmigrationcouncil.org/newsroom/release/federal-judge-enjoins-key-provisions-south-carolina%E2%80%99s-immigration-law 

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