Thread: Judge tosses challenge to S.F. plan to issue illegal immigra

Judge tosses challenge to S.F. plan to issue illegal immigrants ID cards
John Coté, Chronicle Staff Writer

Tuesday, October 14, 2008


(10-14) 13:41 PDT San Francisco - --

A San Francisco Superior Court judge today ruled that the city's plan to issue municipal identification cards to residents regardless of immigration status does not violate state and federal law.

Judge Peter Busch tossed out a lawsuit filed by the Immigration Reform Law Institute of Washington D.C. on behalf of four San Francisco residents who argued the program would amount to aiding and abetting illegal immigration.

The ruling was a victory for city officials looking to implement the ID card program, which the Board of Supervisors approved in November but Mayor Gavin Newsom put on hold in August to make sure it complies with state and federal laws. Newsom's move came after a series of Chronicle articles explaining how the city regularly shielded young illegal immigrants from deportation after they were found guilty of felony crimes. That practice has since been stopped.

The mayor also wants to address administrative questions, such has how to prevent the cards from being counterfeited or fraudulently obtained.

"The program is a go. The last challenges are administrative and technical as opposed to political," said Supervisor Tom Ammiano, who sponsored the ID card legislation and is running for state Assembly. "I'm looking forward to expediting the implementation. ... I'd love it to happen before I leave the board on Dec. 1."

Mayoral spokesman Nathan Ballard welcomed Busch's ruling but said it would have little impact on the review being conducted by City Administrator Ed Lee.

"We want to make sure to move forward with a bulletproof program," Ballard said. "This ruling is separate. This is about one lawsuit. The mayor believes the program is legal; however, he wants to make sure that it's implemented safely."

Ballard would give no timetable for completing the program review, saying it would take "as long as it takes."

The program would make San Francisco the largest city in the country to issue municipal identification. New Haven, Conn., began issuing cards last year.

Opponents of the program are considering appealing Busch's ruling.

"This is simply a step in a long process," said Patrick Skain, a former San Francisco firefighter who brought the lawsuit along with others. "We'll review what took place today and look at the nuances of the arguments and make a determination from there."

Skain and others argued that the ID program amounted to aiding and abetting illegal immigration and would lead to information being withheld from federal authorities probing such crimes.

Busch, though, said the ID program was "neutral with respect to immigration status." It didn't certify that anyone was in the country legally, but it provided a mechanism for city residents to access services like library cards and discounted fares at city-owned golf courses, the judge said.

"This doesn't deal with immigration," Busch said. "Clearly it does not require anyone to withhold information because they do not collect the information."

Busch also said there wasn't evidence to back up the Immigration Reform Law Institute's argument that the program violates California's environmental protection laws because the institute predicts it will be a large influx of illegal immigrants.

Sharma Hammond, the institute's Washington D.C.-based attorney, faced repeated questioning from Busch during today's hearing, and tried unsuccessfully to get permission to amend the lawsuit, saying "maybe there are further facts."

" 'Maybe there are further facts' doesn't get there," Busch said.

www.sfgate.com

SF cares NOTHING about its Citizens or their lives!!!!!!!!!!!!!

If it doesn't violate state/federal law to hand out identification to illegal invaders, then the law is flawed and needs to be changed!

The insanity continues in this country regarding illegal invaders! Will they be able to apply for a home mortgage using these "municipal identification cards?"

That's a stupid question on my part...they were getting loans before with NO identification! So I guess that solves that problem!

How many more American citizens have to be murdered in SF before they stop this insanity regarding their beloved illegal invaders!!!

Originally Posted by 93camaro

SF cares NOTHING about its Citizens or their lives!!!!!!!!!!!!!

CA doesn't. The CA legislature (mostly Dems) are totally corrupt. There are some good guys there like Chuck DeVore but not enough.

Hey, no big deal, the card is basically useless. This "ID" will not be accepted outside of SF.

You can bet that illegal aliens will think it's a VALID US ID card, which it is not. It will not save them if they are pulled over for a traffic violation and have no VALID US LICENSE. There will be a huge fallout from this if it is not correctly explained to illegal aliens.

All this will do is impoverish SF that much sooner.

Oops, I originally posted this to a duplicate.

MW wrote:

Quote:
but it provided a mechanism for city residents to access services like library cards and discounted fares at city-owned golf courses, the judge said.


Come on now, what percentage of illegal aliens play golf or frequent the library?

miguelina wrote:

It will not save them if they are pulled over for a traffic violation and have no VALID US LICENSE.

I wouldn't be so sure about that. Remember, we're talking about California. The police will probably accept the ID for indentification purposes and then just issue a ticket for not having a valid driver's license. In other words, the ID may be enough to prevent the illegal from going to jail, which means ICE will never have an opportunity to nab them.

Originally Posted by MW

miguelina wrote:

It will not save them if they are pulled over for a traffic violation and have no VALID US LICENSE.

I wouldn't be so sure about that. Remember, we're talking about California. The police will probably accept the ID for indentification purposes and then just issue a ticket for not having a valid driver's license. In other words, the ID may be enough to prevent the illegal from going to jail, which means ICE will never have an opportunity to nab them.

That sucks. Then what's the point of requiring drivers licenses from anyone? Why bother paying for insurance? Paying for a ticket is way cheaper than paying for insurance.

Just thought of something else.... what proof does SF require to get this ID card? Will they require the SAME proof for everyone or do certain "groups" of people get "special consideration" when presenting "documents" "proving" their identity or residency? What's to prove that I don't live in SF if i can just? Utility bills only come in one person's name, what if a whole group of people live together and their names are not on any bills?

miguelina wrote:

Just thought of something else.... what proof does SF require to get this ID card?

Excellent question. Of course that may be one of the issues the city is still working out.

I am not in the least surprised by this. My only question is this; are they planning to appeal?