Federal judge rules illegal immigrants can't be punished for breaking laws

Jul 30, 2007 15:38

A federal judge turned logic on its head today by declaring that you can't punish lawbreakers for breaking the law.
(CBS/AP) A federal judge's ruling that a Pennsylvania city may not enforce its tough anti-illegal immigration law could decide the fate of copycat measures adopted in other communities around the U.S.

U.S. District Judge James Munley found fault with just about every aspect of Hazleton's Illegal Immigration Relief Act, which he struck down Thursday in a 206-page opinion that declared states and municipalities have no business trying to stem illegal immigration.

Oddly enough, the documented history of the world debunks the judge by detailing all sorts of cases where criminals have had some of their rights taken away as punishment for their behavior.

Judge Munley adopted the tactic of illegal immigrant apologists by acting like they were ordinary, law-abiding immigrants instead of criminals.
But Munley said such laws usurp the federal government's exclusive power to regulate immigration and deprive residents of their constitutional right to due process.

Hopefully sane and logical voices will overturn this ruling at a higher level.

Munley also demonstrated a serious lack of knowledge about the rights of people inside the United States.
"Even if federal law did not conflict with Hazleton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not," Munley wrote.

As the debate about spying on terrorists has demonstrated, the rights are granted for "US persons", a category which excludes criminals and/or people who are here because of criminal activity. Thus people who are here illegally are not covered by the entire spectrum of rights granted to people who are here legally.

Other groups were quick to toss their hate into the ring of illogic.
Hispanic groups and illegal immigrants in Hazleton sued, denouncing the measures as racist and divisive.

"Hispanic" is not a race. The laws did not apply to a specific race.

All is not lost, however. Hazelton is taking the case to a higher court.
Hazleton plans to appeal Munley's decision to the Philadelphia-based 3rd U.S. Circuit Court of Appeals within 30 days. The city's lawyer, Kris Kobach, has said Munley ignored Supreme Court precedent and existing federal law.

This ruling is like that of Anna Diggs Tayler: destined to be overturned.

illegal immigration, pennsylvania, hazelton

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