Thread: Montana court strikes down last piece of anti-immigrant law

The Associated Press 11:50 a.m. MDT May 11, 2016

HELENA — The Montana Supreme Court has barred state officials from reporting the immigration status of people seeking state services, striking down the last piece of a voter-approved law meant to deter people who are in the U.S. illegally from living and working in Montana.

The court’s unanimous decision on Tuesday upholds a Helena judge’s 2014 ruling that the law to deny services from unemployment benefits to university enrollment to people who arrived in the country illegally was unconstitutional. But the justices went further, rejecting the one remaining provision that required state workers to report to federal immigration officials the names of applicants who are not in the U.S. legally.

“The risk of inconsistent and inaccurate judgments issuing from a multitude of state agents untrained in immigration law and unconstrained by any articulated standards is evident,” Justice Patricia Cotter wrote in the opinion.

The Montana Legislature sent the anti-immigrant measure to the 2012 ballot, where it was approved by 80 percent of voters. The new law required state officials to check the immigration status of applicants for unemployment insurance benefits, crime victim services, professional or trade licenses, crime victim services, university enrollment and financial aid and services for the disabled, among other state services.

The law required state officials deny services to people found to be in the country illegally, and to turn their names over to immigration officials for deportation proceedings. The law used the term “illegal aliens,” which is not found in federal immigration laws and became the focal point of the lower and higher courts’ rulings.

It defined “illegal alien” as a person who is not a U.S. citizen who unlawfully entered or unlawfully remained in the United States. In the lawsuit brought by the Montana Immigrant Justice Alliance, several plaintiffs said they arrived in the U.S. illegally but have since obtained permanent residence status.

They argued they would still be considered “illegal aliens” under the state law, even though the Department of Homeland Security considers them lawful immigrants.

The courts ruled the state was attempting to meddle in an area of federal jurisdiction using a term that is unconstitutional because it conflicts with the federal laws. The entire law is pre-empted by federal immigration laws, the Supreme Court opinion said.

Plaintiffs’ attorney Shahid Haque-Hausrath said the decision sends a message that the state has no business creating its own immigrant enforcement schemes.

“The law was a discriminatory attempt to drive immigrants out of the state, and would have unjustly targeted immigrants with valid federal immigration status,” he said.

State Sen. David Howard, R-Park City, the sponsor of the original referendum, did not immediately respond to a request for comment.

http://www.greatfallstribune.com/sto...-law/84235238/

“The law was a discriminatory attempt to drive immigrants out of the state, and would have unjustly targeted immigrants with valid federal immigration status,” he said.

If you have valid federal immigration status you have ID which is to be carried with you under federal law at all times. Why would being asked to show it drive you from a state?

It's a sad day when courts demonstrate they know less about the law than the lawmakers whose laws they're shutting down.

The court’s unanimous decision on Tuesday upholds a Helena judge’s 2014 ruling that the law to deny services from unemployment benefits to university enrollment to people who arrived in the country illegally was unconstitutional.

I see, so our States have sunk to the level of moronic insobriety to actually write in a published opinion that it is unconstitutional to enforce US immigration law.

The only people who think enforcing US immigration law is unconstitutional are either crooks on the take with drug cartels and criminal organizations or stupid people.

It's time to remove the Crooks and Idiots from power and replace them with Honest Smart People.

STAY TRUE! STAY TRUMP!

Trump will straighten this out, because he's not afraid to call a crook a crook or stupid people stupid.

This is not difficulty people. When a Marxist piece of crap pretending to be a judge hands down a treasonous ruling against the best interest of the American people, the legislators and law enforcement should ignore the court ruling and proceed to implement their law anyway.

Is the judge going to arrest the majority of the state’s legislators? And how many law enforcement officers will be put in jail and by whom? The court does not have a police force of its own, it depends on the docile compliance of law enforcement officials who are stupid enough to think that no matter how bad a judge’s ruling may be, it must be obeyed. No it does not have to be obeyed. And when tyrants, anti-American Marxist sit on the bench are we obliged to help them facilitate the destruction of America and freedom? Remember the American Revolution was a rebellion against the lawful agents of the British government.