Thread: Did someone say we couldn't sue the Federal Gov??

then what is this all about?

Immigrant crime victims sue over visas
THE ASSOCIATED PRESS
SAN FRANCISCO – Undocumented immigrants who have suffered violent crimes sued the federal government Wednesday for failing to issue them protective visas approved by Congress more than six years ago.

The Victims of Trafficking and Violence Protection Act, signed in 2000, created a visa category that would let victims of violent crimes who overcome their fear of deportation and cooperate with law enforcement to remain in the country and eventually apply for permanent residency.

But federal immigration authorities still have not issued application forms or regulations for the "U" visa, making it impossible for qualifying immigrants to take advantage of the protection, the attorneys said.

"We finally decided that without the intervention of the federal courts, we could easily be waiting for another six years before an application form is made available," said Peter A. Schey, president of the Center for Human Rights and Constitutional Law and lead counsel for the lawsuit filed in U.S. District Court in San Francisco.

The groups filing the lawsuit on behalf of a dozen qualifying immigrants also include the Asian Pacific Islander Legal Outreach and several other immigrant organizations. The defendants are Homeland Security Secretary Michael Chertoff and the U.S. Citizenship and Immigration Services.

The suit asks the court for an injunction requiring the federal government to expedite 'U' visa applications and issue regulations.......
This is the second suit filed by legal groups representing immigrants asking for implementation of the U visa. The first was voluntarily dismissed by the plaintiffs after the Department of Homeland Security went to Congress and got an extension to issue

If these illegals can sue the Feds then why can't we ?

Am I off base - legally- on this one?

They're NOT doing their jobs and they're purposely endangering the lives of Americans.

This has been my question for a long time..........why can't we sue those in government failing and in many cases deliberately avoiding enforcing our laws?

I agree, do any lawyers frequent this board?

I would love to sue the goverenment for not enforcing its own laws, and forsaking American citizens over NON citizens.

This is what the ACLU does on the opposite side of the issue. We need to fight fire with fire.

I don't think that anyone said you could not sue. I know that what I said was that any lawsuit is strictly governed by the Federal Tort Claims Act. There are only very limited remedies available and the types of lawsuits that may be filed are strictly limited.

If you have any further questions, look up the Federal Tort Claims Act in a search engine. There are plenty of articles and resources related to it and its provisions and limitations.

Then if a class action suit can be brought forward against this stinking government, we need to complile a list of people who have died at the hands or cars of illegal aliens and sue the govt on their behalf.

Originally Posted by Rockfish

Then if a class action suit can be brought forward against this stinking government, we need to complile a list of people who have died at the hands or cars of illegal aliens and sue the govt on their behalf.

I don't believe that citizens, even in a class action suit, can seek damages for anything but direct malfeasance or negligence of the federal government. Beyond that, it is well established, for example, that a police department or its officers may not be sued for injury that occurs as a result of its failure or refusal to stop a crime.

Originally Posted by Nomoremex

then what is this all about?

Immigrant crime victims sue over visas
THE ASSOCIATED PRESS
SAN FRANCISCO – Undocumented immigrants who have suffered violent crimes sued the federal government Wednesday for failing to issue them protective visas approved by Congress more than six years ago.

The Victims of Trafficking and Violence Protection Act, signed in 2000, created a visa category that would let victims of violent crimes who overcome their fear of deportation and cooperate with law enforcement to remain in the country and eventually apply for permanent residency.

But federal immigration authorities still have not issued application forms or regulations for the "U" visa, making it impossible for qualifying immigrants to take advantage of the protection, the attorneys said.

"We finally decided that without the intervention of the federal courts, we could easily be waiting for another six years before an application form is made available," said Peter A. Schey, president of the Center for Human Rights and Constitutional Law and lead counsel for the lawsuit filed in U.S. District Court in San Francisco.

The groups filing the lawsuit on behalf of a dozen qualifying immigrants also include the Asian Pacific Islander Legal Outreach and several other immigrant organizations. The defendants are Homeland Security Secretary Michael Chertoff and the U.S. Citizenship and Immigration Services.

The suit asks the court for an injunction requiring the federal government to expedite 'U' visa applications and issue regulations.......
This is the second suit filed by legal groups representing immigrants asking for implementation of the U visa. The first was voluntarily dismissed by the plaintiffs after the Department of Homeland Security went to Congress and got an extension to issue

If these illegals can sue the Feds then why can't we ?

Am I off base - legally- on this one?

They're NOT doing their jobs and they're purposely endangering the lives of Americans.

Yes you can, but you need their permission (they must authorize the suit to go forward based on your particular claim).

CG, do you have a rebuttal for Gabriel?

Originally Posted by Nomoremex

then what is this all about?

[quote:201cxxpl]Immigrant crime victims sue over visas
THE ASSOCIATED PRESS
SAN FRANCISCO – Undocumented immigrants who have suffered violent crimes sued the federal government Wednesday for failing to issue them protective visas approved by Congress more than six years ago.

The Victims of Trafficking and Violence Protection Act, signed in 2000, created a visa category that would let victims of violent crimes who overcome their fear of deportation and cooperate with law enforcement to remain in the country and eventually apply for permanent residency.

But federal immigration authorities still have not issued application forms or regulations for the "U" visa, making it impossible for qualifying immigrants to take advantage of the protection, the attorneys said.

"We finally decided that without the intervention of the federal courts, we could easily be waiting for another six years before an application form is made available," said Peter A. Schey, president of the Center for Human Rights and Constitutional Law and lead counsel for the lawsuit filed in U.S. District Court in San Francisco.

The groups filing the lawsuit on behalf of a dozen qualifying immigrants also include the Asian Pacific Islander Legal Outreach and several other immigrant organizations. The defendants are Homeland Security Secretary Michael Chertoff and the U.S. Citizenship and Immigration Services.

The suit asks the court for an injunction requiring the federal government to expedite 'U' visa applications and issue regulations.......
This is the second suit filed by legal groups representing immigrants asking for implementation of the U visa. The first was voluntarily dismissed by the plaintiffs after the Department of Homeland Security went to Congress and got an extension to issue

This is a question that I have been asking for years because the Federal Government is being sued all the time by illegals. The suit may have to be filed against Homeland Security.
This is the site I was recently referred to;

Judicial Watch may be the way Lou Dobbs should go, and against Homeland Security instead of the Federal Government. I do not think he will get any help from ACLU. ACLU only file suits agaist the government for illegals.

[/quote:201cxxpl]

Our Litigation

JW's Director of Litigation, Paul Orfanedes
Judicial Watch has filed more than 150 lawsuits against corrupt public officials, achieving numerous victories on behalf of the American people. This is what separates Judicial Watch from other watchdog organizations. Judicial Watch is willing to take action, to use the civil court system in order to achieve justice.
Thanks, in part, to its aggressive litigation, Judicial Watch was recently named one of the top ten most effective government watchdog organizations by The Hill newspaper.
The following links to summaries, updates, and relevant documents pertaining to Judicial Watch’s current litigation.

Current Cases

Illegal Immigration
· Judicial Watch, Inc. v. Chicago Police Department - Judicial Watch filed a lawsuit on January 4, 2007 over a Cook County, Illinois Board of Commissioners over a FOIA Request pertaining to a resolution under consideration to create a sanctuary policy.
· GARCIA v. CITY OF LAGUNA BEACH - Judicial Watch is suing the city of Laguna Beach over a government-subsidized day laborer center that does not verify workers' eligibility to work in the United States.
· STURGEON v. BRATTON - LA Special Order 40
· KARUNAKARAM v. TOWN OF HERNDON – On August 17, 2005, The Herndon Town Council ignored the rule of law and voted to establish a "Day Laborer Site” on public property, a taxpayer-funded zone where illegal aliens can congregate in hopes that someone will offer jobs despite their illegal presence. Judicial Watch filed this lawsuit on behalf of a group of Herndon residents against the Town of Herndon.· JUDICIAL WATCH v. DEPARTMENT OF HOMELAND SECURITY - FOIA:Border Surveys
Terrorism
· JUDICIAL WATCH v. DEPARTMENT OF HOMELAND SECURITY - Saudi Flights
· JUDICIAL WATCH v. FBI - 9/11/01 videotapes
· JOHN DOE v. AL BARAKA INVESTMENT AND DEVELOPMENT CORPORATION, et. al. - Judicial Watch has filed a lawsuit against over 100 Saudi Arabian and other entities for their financial and conspiratorial support for the attacks on America.

FOIA Lawsuits
· JUDICIAL WATCH v. THE OFFICE OF GOVERNOR ROD R. BLAGOJEVICH - JW FOIA lawsuit against the Office of Governor Rod Blagojevich (D-IL), to obtain federal grand jury subpoenas served on the governor.
· JUDICIAL WATCH v. SECRET SERVICE - FOIA: Abramoff White House Visits
· JUDICIAL WATCH v. DEPARTMENT OF THE ARMY - Complaint filed after DOA's failure to respond to a FOIA request in regards to contracts awarded to Kellog, Brown and Root to restart Iraq's oil production.
· JUDICIAL WATCH v. DEPARTMENT OF JUSTICE - JW FOIA lawsuit against the U.S. Department of Justice to obtain records about the Terrorist Surveillance Program
· JUDICIAL WATCH v. U.S. DEPARTMENT OF COMMERCE - Judicial Watch filed Freedom of Information Act (FOIA) requests with the Department of Commerce in 1994, to obtain information about how the Commerce Department chooses participants on its overseas trade missions and its illegal campaign finance activity. This inquiry is what uncovered the current fundraising scandals, as Judicial Watch found that the Commerce Department and the White House were at the center of the illegal activity.
· JUDICIAL WATCH v. FOOD AND DRUG ADMINISTRATION - Judicial Watch fights in court to gain access to abortion pill documents from the Clinton administration.
Whistleblower Protection
· JOHN VINCENT v. FEDERAL BUREAU OF INVESTIGATION - Defendants, acting under color of federal authority, have and are continuing to deprive Plaintiff of his First Amendment rights by refusing to grant him permission to publish written answers to questions posed to him by Ms. Judith Miller of The New York Times and/or by failing to specify any particular portion of the answers that allegedly are objectionable so as to allow Plaintiff to revise the answers to address Defendants’ alleged concerns.
· ROBERT G. WRIGHT, JR. v. FBI - The FBI has denied prepublication to Special Agent (SA) Wright's manuscript that details the FBI's own failure to take the threat of terrorism seriously and their efforts to thwart SA Wright's attempts to launch more comprehensive investigations into terrorists. The FBI has also retaliated against SA Wright by unlawfully releasing Privacy Act-protected documents.
· HAFIZ v. ABC, INC. - Defamation and Libel Lawsuit by Muslim FBI Agent.
Other Litigation
· STURGEON v LOS ANGELES COUNTY, ET AL. - In 1998, the state of California took over funding of all state trial court operations, including responsibility for payment of salaries and benefits to trial court judges. Los Angeles County, home to one of the largest trial court systems in the United States, continues to pay "local judicial benefits" to its judges to supplement the compensation and benefits they received from the state.
· JOSE J. BASULTO v. THE REPUBLIC OF CUBA and FIDEL CASTRO RUZ - This action arises out of an act of terrorism by the Defendants and their agents on February 24, 1996, in which two Cuban Air Force fighter planes ("MiGs"), intentionally shot down two unarmed, civilian planes of Hermanos al Rescate [or “Brothers To The Rescue” (BTTR) in English] in international airspace in an unprovoked aerial ambush, killing four BTTR aviators.
· ALEXANDER et al. v. FBI, et. al. - Judicial Watch is representing the plaintiffs in a class-action suit filed by White House employees of the Bush and Reagan administrations whose FBI files were wrongly accessed by the Clinton White House. The White House and FBI are being sued under the federal Privacy Act, while the individual defendants B Bernard Nussbaum, Craig Livingstone, Anthony Marceca and Hillary Clinton are being sued for common-law tort of invasion of privacy.
· JUDICIAL WATCH v. U.S. DEPARTMENT OF COMMERCE - Civil Action 97-2416. In October of 1997, Judicial Watch filed a fourth lawsuit against Commerce, this time seeking all documents produced by Commerce to the Justice Department, Congress, or any grand jury impaneled in any judicial district of the United States.
· JUDICIAL WATCH v. U.S. DEPARTMENT OF COMMERCE - Civil Action 97-0289. In November 1996, Judicial Watch filed a third lawsuit against Commerce, this time for information on all trade missions not covered by our earlier requests. Once again, the Commerce Department turned over some documents, but withheld others it claimed were privileged. All three of Judicial Watch's cases against the Commerce Department deal with issues of how participants on trade missions were selected and how illegal fundraising was conducted by the Clinton Administration.
· JUDICIAL WATCH v. U.S. DEPARTMENT OF COMMERCE - Civil Action 96-2747. In October, 1996, Judicial Watch filed another lawsuit against Commerce, for additional information on its trade missions to Indonesia and on the activities of John Huang, Melinda Yee, the Lippo Group, and others involved in the campaign finance scandal.
Click here to view JW archived cases.

http://www.judicialwatch.org/litigation.shtml