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Lawmakers sign brief vs. Alabama immigration law

By Josh Richman
Tuesday, November 29th, 2011 at 9:41 am in Anna Eshoo, Immigration, Mike Honda, U.S. House, Zoe Lofgren.

The South Bay’s House members are among 39 Democrats who signed a friend-of-the-court brief in support of the U.S. Department of Justice’s lawsuit against Alabama’s anti-illegal immigration law, HB 56.

Reps. Anna Eshoo, D-Palo Alto; Mike Honda, D-San Jose; and Zoe Lofgren, D-San Jose, joined in the brief filed Monday, which argued six sections of Alabama’s law are unconstitutional.

“All of these sections are impliedly preempted by federal law and Congressional power and, if allowed to stand, will create an unworkable conflict between federal and state enforcement schemes and priorities,” the brief said. “Such a conflict will frustrate the orderly enforcement of federal immigration law and could jeopardize this Nation’s relationships with its closest allies.”

The brief also argues the law will harm the rights of all Alabamans, including citizens, under the First, Fourth, Sixth and 14th Amendments.

Rep. Luis Gutierrez, D-Ill., spearheaded the effort to get lawmakers on board with the brief, including a Nov. 21 delegation trip to Birmingham, Ala., which Lofgren accompanied. Other signers of the brief included Democratic Whip Steny Hoyer, D-Md., and Democratic Caucus Vice Chair Xavier Becerra, D-Los Angeles.

“The Constitution is quite clear about the federal government’s preeminent role in immigration matters and having 50 inconsistent state policies towards immigrants is a level of chaos the Founders sought to avoid,” Gutierrez, who chairs the Congressional Hispanic Caucus’s Immigration Task Force, said in a news release. “HB 56 adds layers of punitive measures targeting Alabama residents that are inconsistent with federal policy. Congress has the responsibility to balance many concerns in legislating federal immigration policy, such as law enforcement, the economy, family unity, education, civil rights, and so on. HB 56 has and will cause irreparable harm to communities and families throughout Alabama, but will also cause irreparable damage to Constitutional principles if allowed to stand. We join the U.S. Department of Justice, civil rights organizations, immigrant advocates, educators and people of faith in calling for HB 56 to be stripped from Alabama’s law books.”

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  • Dave Francis

    IF AMERICANS DON’T STAND UP FOR OUR LAWS, WE WILL BE THE BLAME FOR THIS IMMIGRATION CHAOS.

    Republican Newt Gingrich will have key tribulations in his electoral race, on a fact that illegal migrants violated the law not once, but in a substantial number of cases–twice over. That is the use of citizens or legal residents ID. Even twenty five years ago, unquestionably you had to possess a driver’s license, Social Security number as you do today. I personally carried my ID, just in case I was stopped by the authorities. Use of fraudulent ID, no matter the situation, specifically if they belong to a deceased person, a new child or as (as I even heard,) stolen from our warrior-soldiers fighting abroad. Hundreds of thousands of American have found out somebody has used their personal identities. But Federal appeals courts have been split over, whether the defendant must know that the phony ID numbers belongs to a real person.

    Defense lawyers have argued that their clients should not be charged with stealing another individuals identity since the immigrants only were seeking papers, so they could get a job? The illegal aliens didn’t know if the numbers were fictitious or belonged to someone else, their lawyers say. That is a mindless excuse, as to think illegal aliens are stupid possessing any document to deceive an employer; but then the business owners are well aware of the sham, but hire the discount labor anyway. The Federal appeals courts based in Atlanta and Richmond also have ruled in the administrations favor in comparable cases, while the appeals court in Washington, D.C., sided with defendants. The ruling rejected a significant deterrent for prosecuting and deporting illegal aliens, who have been victimizing innocent Americans by stealing their identities to get jobs in America. Whether they are using someone’s stolen ID or not, they should be deported, whether they have been here one year or twenty five years, they should fingerprinted through ‘Secure Communities’ or through ICE detention. This is why American workers desperately need a Mandatory nationwide E-Verify program.

    The American people cannot be apathetic anymore, as it is time to enforce our immigration laws. The E-Verify program that has gained notoriety, but not popular screeching columns of the Liberal press, the special interest lobbyists or radical open border and other so called anomaly organizations. ILLEGAL IMMIGRATION IS FREE MONEY AND LARGE PROFITS FOR BOTH SIDES OF THE AISLE IN CONGRESS, WHILE AMERICAN LABOR IS STILL TRYING TO FIND SOMEBODY WHO WILL HIRE THEM. ALL I KNOW IS THAT EVERY YEAR THE HUNDRED BILLION DOLLARS IS RISING FACT, TO FINANCIALLY ACCOMMODATE PEOPLE WHO HAVE NO LEGAL RIGHT TO BE IN THIS SOVEREIGN COUNTRY. ONE OF THE ABSURD BUT OUTRAGEOUS CIRCUMSTANCES FROM THIS IMPASSE IS THEY PROTEST IN THE STREETS DEMANDING EQUAL RIGHTS TO CITIZENS AND NATURALIZED CITIZENS.

    I’M SURPRISED THAT THE GOVERNMENT HASN”T GIVEN THESE ILLEGAL FINANCIAL LEECHES THE RIGHT TO VOTE; OR HAVE THEY? DEMOCRATS ESPECIALLY ARE TRYING TO CHANGE THE LAWS, SO YOU DON’T NEED OFFICIAL PICTURE ID TO VOTE. ILLEGAL ALIENS ARE VOTING AND WILL AGAIN.

    Illegal Immigration is a conspiracy against the American people; otherwise it would be a straight FELONY, with prison time. All patriotic American should fight for a new law, that convicts these people or we will never be able to relinquish the hold of the $15 Trillion deficit. Why in god’s honest truth should we be forced by federal courts to pay part of our income to subsidize foreign nationals who have no legal right to be here? It doesn’t matter what state you live in, whether it’s Arizona, Alabama, Georgia, South Carolina, Indiana or perhaps Utah are being persecuted by the department of IN-Justice. Although all these states are just trying to stop the incessant blood-letting from the public funds, caused by illegal aliens mining into the welfare programs, instead of leaving for parts unknown? Americans and lawful residents have a right to the flexible spending, of every race, creed, and religion and political affiliation—but not foreign nationals, not so- called Liberal and democrat undocumented immigrants, but illegal aliens—ILLEGAL ALIENS—this is the correct terminology for somebody who breaks our enforcement policies.

    The time has come to build the real fence from Texas to California covering the whole 2500 miles with double-layer fencing. It is also the time to contact the Ways and Means Committee responsible for bringing ‘The Legal Workforce Act’, bill H.R.2885 to the House floor in Congress. Only the American voter or legal resident has a say in this urgent matter, which will produce large numbers of jobs STOLEN by the 8.2 illegal workers as estimated to self-deport. The number to call for the Washington political phones is 202-224-3121. The legislators need to listen to the People, instead of misleading us anymore. If you have further questions, go to the NumbersUSA via Google and study the facts of years of the fabrication and idiom we absorb through the Leftist associated newspapers or the politicians.

    Learn what is happening around America, that President Obama’s administration doesn’t want you to know or the Leftist Progressive presses at AMERICAN PATROL The latest news is that (65%) or three Quarters of the population in a Rasmussen poll oppose birthright citizenship of 300.000 foothold babies smuggled into America; the costs of hospital, education and a mass of other expenditures falls to taxpayers.

  • John W

    Is there an executive summary for the above comments?

  • Elwood

    @ #2 John W

    One can only hope.