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02-01-2007, 07:52 PM #1
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La: Judge nixes law limiting drivers to legal aliens
Judge nixes law limiting drivers to legal aliens
GRETNA, La. -- A state law requiring drivers from other countries to prove they are in the United States legally has been ruled unconstitutional.
In a decision handed down late Wednesday, State District Judge Jo Ellen Grant said the law, passed by the Legislature as an anti-terrorism measure in 2002, illegally steps on federal immigration law.
The ruling applies only in Jefferson Parish. A similar challenge is pending in neighboring New Orleans.
The judge threw out the state's case against Omar Barrientos, who was stopped by police last March for having an expired license plate. At the time, he was carrying somebody else's Texas identification card, authorities said.
Under the law, any "alien student" or "nonresident alien" who drives in Louisiana must carry documents proving they are in the United States legally. Violators face up to a year in jail and a $1,000 fine.
The law also requires state authorities to report violators to the federal Immigration and Naturalization Service.
Grant said the definition of "alien student" or "nonresident alien" was different from that contained in federal law. The identification requirement "exceeds the standard contemplated by federal immigration law," the judge wrote.
Melissa Crow, an attorney with the National Immigration Law Center who argued against the law, said the legislative history of the law's passage showed its intended purpose was to stop the use of fraudulent driver's licenses. However, most people booked with the offense do not have licenses, she said.
"We don't know if they pull someone over because they look Latino or if they are pulling over a bunch of people for traffic offenses," Crow said.
Crow said the law also requires state and local police to enforce immigration laws, a task that Congress has delegated to the INS except under very specific circumstance.
Assistant District Attorney Martin Bellanger, who represented the state, could not be reached for comment. Crow said she believed an appeal was likely.
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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02-01-2007, 08:47 PM #2
Are we being racially profiled if we are pulled over and we are white? Or maybe I look french or polish? I'm really getting sick of this!!!
We are NOT a nation of immigrants!
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02-01-2007, 09:16 PM #3
I agree IndianaJones. White people get pulled over all the time for traffic offenses!
Instead of racial profiling, I'd call it favoritism toward a particular race by this judge!!
What the Federal government and judges like these are doing are skirting our nations laws!Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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02-01-2007, 09:31 PM #4Originally Posted by CCUSAPlease support ALIPAC's fight to save American Jobs & Lives from illegal immigration by joining our free Activists E-Mail Alerts (CLICK HERE)
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02-01-2007, 09:47 PM #5
I agree SOSADFORUS.
The door swings both ways if your going to start making excuses for a particular ethnic group!!!Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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