Thread: Federal Judge Blocks Key Parts of South Carolina Immigration Law

Federal Judge Blocks Key Parts of South Carolina Immigration Law

Updated: Thursday, 22 Dec 2011, 12:58 PM MST
Published : Thursday, 22 Dec 2011, 12:58 PM MST
By NewsCore

CHARLESTON, S.C. - A federal judge on Thursday blocked several key provisions of South Carolina's controversial immigration law.

In a victory for the Justice Department, US District Judge Richard Gergel granted a preliminary injunction and prohibited key sections of the law from being enforced while the law is litigated.
Gergel, 57, issued the order after finding it likely that the Justice Department would ultimately win its lawsuit to overturn the law.
The Obama appointee noted that a preliminary injunction was an "extraordinary and drastic remedy," but said that the government would be "irreparably harmed" in carrying out its immigration policy if the law were not blocked.
The judge specifically prohibited enforcement of sections that require police to inquire about the immigration status of individuals they stop if they suspect the person is in the country illegally.
Gergel also enjoined parts that criminalize the transportation of illegal immigrants and provisions that require immigrants to carry registration papers at all times.
In the state's sole legal victory, Gergel did not block a section that makes it a crime to create fake ID cards for immigrants, though he noted this section would also ultimately be struck down at the conclusion of a forthcoming trial.
The Department of Justice filed its lawsuit against the state and South Carolina Gov. Nikki Haley in October, arguing that the law unconstitutionally preempts federal immigration law.
"It is understandable that communities remain frustrated with the broken immigration system, but a patchwork of state laws is not the solution and will only create problems," Attorney General Eric Holder said when his department filed the lawsuit.
The Justice Department was joined by a coalition of civil rights groups in the suit.
The Obama administration is also involved in litigation seeking to invalidate similar immigration laws in Alabama, Arizona and Utah.
The active Justice Department has issued two reports in the last month that found police practices toward Latinos in Maricopa County, Ariz., and East Haven, Conn., to be unconstitutional.
The US Supreme Court is currently considering whether Arizona's immigration law is constitutional, with a decision due by late June.
Gergel denied a request to delay proceedings until the Supreme Court issues its ruling.

http://www.myfoxphoenix.com/dpp/news...w-ncx-12222011

Not an unexpected ruling considering the pressure and other methods the Obama administration is making judges rule against state immigration laws. Obama doesn't want the immigration laws enforced and wants to reduce the numbers of deportations before election time.

Originally Posted by JohnDoe2

Federal Judge Blocks Key Parts of South Carolina Immigration Law

Most bad news seems to include the words "Federal Judge"