Elliott Ozment, whose legal challenge questions the very legality of the Davidson County Sheriff's 287(g) agreement with U.S. Immigration and Customs Enforcement, filed a motion for an injunction in federal court today to stop Sheriff Daron Hall's deputies from screening inmates for immigration violations. The injunction is preliminary, pending a finding on whether ICE's 287(g) agreement with DCSO violates state and local law.
As you may recall earlier this month, Ozment was forced to add ICE as a defendant by Chancellor Carol McCoy, who agreed with Metro Department of Law attorney Lora Fox that the feds were an "indispensable party" to the lawsuit.
But U.S. Attorney Jerry Martin didn't think so and said as much in a letter to the parties. This action, he wrote, turned on a question of state and local law. McCoy, however, was unswayed. For common jurisdictional reasons, once the U.S. was added, the case was whisked into the U.S. District Court — though Ozment's suit still painstakingly avoids seeking any declaratory judgment against ICE.
The plaintiffs in the case — Daniel Renteria-Villegas, a citizen, and David Ernesto Gutierrez-Turcios, a lawful permanent resident — are seeking a suspension of the program because the 287(g) agreement, the suit says, violates state and local law. The Metro Charter divested the Davidson County Sheriff of his peacekeeping authority except for what is "necessary and incidental" to the keeping of the jails. By exceeding the authority granted him by the charter, Hall is violating a provision of the Immigration and Nationality Act that says immigration enforcement power may only be wielded to the extent consistent with state and local law, according to Ozment's suit.
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Mr. Hargrove should write about the Federal Title IX Lawsuit filed against Nashville's Aquinas College on March, 8, 2011. The College is facing several charges including discrimination and retaliation, malicioius prosecution, invasion of privacy (The Aquinas Employees Came to the student's personal home after they kicked him out and harrassed him). You're paper needs to get on this story, because the story will blow the lid off what really goes on at that Catholic institution. Read the complaint...
Thanks
Sanctuary States future lament
Every State has been occupied by foreign nationals, including TENNESSEE.
The Utah taxpayers will pay a hefty price, if the fed’s tolerating them to enact their own Guest Worker program? This will bring in more family members and start the whole routine of "Chain Migration" snowballing again. Those parents are slipping across the fragmentary border, with a guide book telling them how to deceive the welfare system in any State. Those illegal parents have figured out that by getting an IRS ITIN number they can pay a few taxes, but have also acquired the knowledge to fraudulently get those taxes returned to that Father and Mother interchanging the children, to pilfer the child tax rebate tax code or even a cousin or sister applying for a rebate for the same child. But rest assured if Immigration and Customs Service approves of Utah's Guest Worker visa, there will be enraged condemnation rising to the surface against President Obama's czars whom have flamed the people's passions by trying to derail Arizona's policing laws.
I think US taxpayers today are so angry after alerted to the outrageous costs catering mindlessly to the illegal immigration invasion. Even in my blogging’s, comments and my own E-mails responses, dutiful, Liberals are beginning to see the light, that American society cannot sustain the burden of paying the way of illegal immigrants and their extended families. Unfunded mandates seem to abound within the Liberal, Democratic and even Republican Party member’s ideologies, as even the courts have declared we must financially entertain anybody who crosses our border or who stays on a expired visa. Once our own children’s schools were places of high performance and now they are weighed down with foreign kid's, who has American-English as a second language, as at the same time the hospitals are seeing volumes of sick foreigners, for serious or minor treatments.
Then we have California state legislative committee last Tuesday passing two bills that would make students of illegal parents qualified for some forms of financial aid. Guess it goes with the grain of the majority occupants seated in the Sacramento Capitol who are Tax and Spend leftists. If the Sanctuary State of California didn't have enough financial problems, with a $26 billion dollar State deficit and counting and has just issued lay-off notices to 20.000 teachers statewide, adding 30.000 teachers already terminated in the past three years. The Liberal leadership is going out its own, to extend in-state tuition to the children of illegal aliens settled in the State. Governor Arnold Schwarzenegger vetoed three earlier versions of these measures; co-sponsors are more buoyant this year, as Gov. Jerry Brown campaigned in support of what is known as the California Dream Act.
So as always for the Leftists who are more favorable to illegal alien children, than students from outside the State, who must pay full tuition even though they were born here or naturalized. Hosting America's largest population of illegal immigrants, The State bears a mammoth costs to supply basic human services for this rapid growing, low-income segment of an illegal population. A new study from the Federation for American Immigration Reform (FAIR) has projected the costs of education, health care and incarceration of illegal aliens, and concluded that the costs to Californians taxpayers is $10.5 billion annually and rising. Among the key decision from the report that the California already has a besieged K-12 education system that spends approximately $7.7 billion a year to educate the children of illegal aliens who now amount to 15 percent of the student body.
Another $1.4 billion of the taxpayers' pilfered pocket goes en route for providing health care to illegal aliens and their families; this same amount is taken from taxpayers incarcerating illegal aliens criminals. Utah and other States catering to the illegal alien swarms, need to recognize the economic disaster that will befall them, if they do not implement policing laws that include E-Verify, to detect workplace foreign workers, local police laws 287(g) and the latest policing law Secure Communities. Illegal immigrants will flow unfettered into soft enforcement States and overrun the welfare system as they have in California, Nevada and other undisclosed refuge States. Taxes will spiral; crime and other emerging issues in neighborhoods where foreign nationals congregate.
If businesses on a grand scale didn't profit immensely from the illegal alien occupation, their would be no attraction at all; this also relates to the intentional flow of foreigners to grab US taxpayers benefits that should only apply to those of us, who have paid into these services since beginning our working life. Businesses that hire illegals should be considered "an enemy of the people" and all penalties should be ratcheted-up, prison terms included. This is a war for survival and foreign nationals are--stealing jobs--from low income Americans and legal immigrants that came before them. There is a list of businesses issuing a stark warning to the Arizona politicians to back-off enacting any more anti-illegal immigration bills. It is my strong opinion by going to BIZJOURNAL, that if you are infuriated by this disgusting stance of large and small businesses to boycott them. Perhaps they might comprehend that the people have the power to stop this nation financial crippling by the ingress of cheap labor. These companies profit handsomely from your taxes, as many of these businesses will dump an injured foreign worker on the steps of an emergency room.
The Tea Party is your deterrent, with its own ethical minded politicians and growing in large numbers of Independent, Democrats, Republicans and even Liberals to stop the political paralysis in Washington over illegal immigration. Only Public outburst will halt the failures of the US Government to defend Americans taxpayers from foreign economic free entitlements. Call your Senator and Congressman, to be found in blue pages of phone directories and appeal to their patriotism and oath of allegiance to protect us. Go to the website of NumbersUSA and fax for free the US Capitol.
Only an insane leftist lawyer would pull such a stunt. 287.g is completely legal and in compliance with Federal Immigration law. It is a highly popular program and cities and communities are standing in line for it. The Soetoro-Obama Admin wants to end it because it works! It allows local police to be immigration agents and trains them.