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  1. #1
    OCAngel's Avatar
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    Appeals Court Rules AGAINST SF Sanctuary City!!!

    Court Rules AGAINST SF Sanctuary Law


    Judicial Watch Announces California Appeals Court Rules Against San Francisco Sanctuary Policy
    City Must Follow State Law Requiring Police Officers to Report Suspected Aliens Arrested on Drug Charges to Feds


    Last update: 4:16 p.m. EDT Oct. 23, 2008
    WASHINGTON, DC, Oct 23, 2008 (MARKET WIRE via COMTEX) -- Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that the First District Court of Appeal for the State of California has ruled in a Judicial Watch taxpayer lawsuit that the San Francisco Police Department must comply with a state law requiring police officers to notify federal authorities when they arrest a person for various narcotics offenses whom they suspect to be an alien, legal or illegal [Fonseca v. Fong, Case No. A120206].
    The appellate court reversed a lower court ruling that the SFPD was not required to obey the law because the law in question, Section 11369 of the California Health and Safety Code, invaded the federal government's exclusive power to regulate immigration. Rejecting this argument, the appellate court remanded the case back to the trial court to determine if the SFPD's policies comply with Section 11369. According to the appellate court ruling issued on October 22, 2008:
    ...Section 11369 does not require any state or local law enforcement
    agency to independently determine whether an arrestee is a citizen
    of the United States, let alone whether he or she is present in the
    United States lawfully or unlawfully. Nor does the statute create
    or authorize the creation of independent criteria by which to
    classify individuals based on immigration status... All of those
    determinations, as well as the duty to tell an arrestee who may be
    in this country unlawfully to either obtain legal status or leave,
    are left entirely to federal immigration authorities...the statute is
    therefore not an impermissible state regulation of immigration.


    As a result of the appellate ruling, San Francisco must now end its sanctuary policy that protects aliens arrested for certain drug offenses from being reported to ICE.
    Section 11369 of the Health and Safety Code (Section 11369) states: "[w]hen there is reason to believe that any person arrested for a violation [of any of 14 specified drug offenses] may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters." However, as Judicial Watch argued on behalf of its taxpayer client, Charles Fonseca, the SFPD prohibited police officers from complying with this law. As evidence of the SFPD's illegal behavior, Judicial Watch quoted a statement from the San Francisco Field Office of Immigration and Customs Enforcement (ICE) that noted a "bare minimum of cooperation" between administrators of the San Francisco County Jail and ICE.
    "This landmark ruling strikes at the heart of the sanctuary movement for illegal aliens. San Francisco and other sanctuary cities are not above the law. This court ruling exposes the lie behind the argument that state and local law enforcement cannot help enforce immigration laws," said Judicial Watch President Tom Fitton.
    To read the court ruling and to find out more about Judicial Watch's nationwide campaign against illegal alien sanctuary policies, visit www.judicialwatch.org.
    Contact:
    Jill Farrell


    Market Watch


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  2. #2

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    I think I found another sane person in Mexifornia. Halijualla
    "Ask not what your country can do for you but ask what you can do for your country"-John F. Kennedy


  3. #3
    Senior Member Gogo's Avatar
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    Whoo Hoo


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  4. #4
    Senior Member 93camaro's Avatar
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    So in other words they won't report illegals and when one gets on the news for killing someone the city and federal can just keep playing the blame game right?

    A Victory for us in any account though
    Work Harder Millions on Welfare Depend on You!

  5. #5
    Senior Member SOSADFORUS's Avatar
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  6. #6
    Senior Member fedupinwaukegan's Avatar
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    Please tell me Judicial Watch is coming after Chicago next!!??

    Wow
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  7. #7
    Administrator Jean's Avatar
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    Appeals Court Strikes Down San Francisco´s Sanctuary Policy For Illegal Immigrants

    by Dave Gibson
    October 24, 2008

    On October 22, 2008, the First District Court of Appeal for the State of California ruled that the San Francisco Police must follow state law which requires police officers to contact federal authorities when they arrest anyone for a narcotics violation, when they suspect the person to be either a legal or illegal alien.

    The appellate court ruling has reversed a lower court decision which claimed that San Francisco police officers were not required to comply with California state law, when arresting someone they suspected to be a foreign national.

    The group Judicial watch filed the lawsuit against San Francisco Police Chief Heather Fong, on behalf of San Francisco resident Charles Fonseca.

    Shortly after the ruling, Judicial Watch President Tom Fitton said: "This landmark ruling strikes at the heart of the sanctuary movement for illegal aliens. San Francisco and other sanctuary cities are not above the law. This court ruling exposes the lie behind the argument that state and local law enforcement cannot help enforce immigration laws."

    The particular law in question, which provided the basis for the lawsuit follows:

    Section 11369 of the Health and Safety Code (Section 11369) states: "When there is reason to believe that any person arrested for a violation [of any of 14 specified drug offenses] may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters."

    This ruling will now force San Francisco´s police chief to become compliant with state law and direct her officers to report all suspects whose immigration status is in question, when that suspect is arrested for drug violations. Given the fact that 90 percent of the illegal drugs sold in this country are brought in from Mexico, this ruling promises to be very effective in dealing with Latin American drug gangs, now responsible for a great deal of violence in California and beyond..

    In San Francisco, on June 22, 2008, three members of the Bologna family were gunned down by Salvadoran national and gang member Edwin Ramos. Tony Bologna, 48, and his sons Michael, 20, and Matthew, 16 were shot to death by Ramos as they sat in their car on a crowded street, in the city´s Excelsior District.

    Ramos who is a member of the notoriously violent drug gang known as MS-13, shot the Bologna family to death because Tony Bologna had temporarily blocked the car in which Ramos was traveling, as the two cars made their way through an intersection. The Bologna men were returning home from a family barbecue.

    As a juvenile, Ramos had committed felony attempted robbery and assault.

    Shortly after the shooting, the San Francisco Chronicle reported, Juvenile Probation Department officials, did not report Ramos to federal immigration authorities for possible deportation because of San Francisco´s stated sanctuary policy.

    The devastated wife and mother Danielle Bologna is now suing the city of San Francisco over the sanctuary policy , which contributed to the death of her family.

    This ruling comes too late to have saved the lives of the Bologna family, as well as thousands of other Americans who have lost their lives at the hands of illegal aliens. However, it is a positive step in forcing those sworn to "protect and serve" to actually do that for American citizens, and stop protecting those who enter this country only to victimize our citizens.

    http://www.americanchronicle.com/articles/78844
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  8. #8
    Senior Member tinybobidaho's Avatar
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    Quote Originally Posted by SOSADFORUS


    What SOSAD said.
    RIP TinybobIdaho -- May God smile upon you in his domain forevermore.

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    Administrator Jean's Avatar
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  10. #10
    Senior Member Bulldogger's Avatar
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    Get ready It will now go to the 9th District Circus.

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