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August 12, 2011



I think the question of whether "illegal aliens" should be kept in detention is immaterial in this case. The two people whose cases are highlighted are a U.S. citizen (Jose Jimenez Moreno) and a permanent resident (Maria Jose Lopez). There is no immigration issue here; they are as lawfully here as you or I. The issue is that law enforcement is apparently not checking whether someone is indeed lawfully in the U.S. or not. If you were to stop me today and ask me to prove that I am a U.S. citizen (which I am), I would not be able to do so on the spot. I would have to rely on the agency in question giving me the opportunity to prove my status (which I can). This is probably true of most of us. So if I were detained on suspicion of being an "illegal alien" without someone actually checking the facts and keeping me in detention, you better believe my family would sue the government. So whatever our ideology regarding who should be deported or not, let's make sure we keep an eye on where the law draws the line and don't allow law enforcement agencies to trample on all of us under the ruse of fighting illegal immigration.

Delaware Bob

Illegal aliens have NO RIGHT to be in this country. If they did, they wouldn't be called illegal aliens. The illegal aliens who do not have our jobs are using this country as a welfare country. Look at all the anchor babies we have paid for. Then we have to school the illegal aliens children and give them FREE health care and they are ILLEGALLY in this country. WAKE UP, for God's sake and get these illegal aliens out of this country and back in their own country where they belong with their families.

D. Porter

This is the most absurd lawsuit I've ever heard of.

Paul H. Jones

Immigration advocates have long argued that local law enforcement officials should not detain persons based solely upon the belief that they are in the country illegally. These same advocates maintain that local authorities should not report a detained person’s status to I.C.E. At no time do these activists suggest that the Federal government lacks the authority to enforce the nation’s immigration laws. No legal argument is put forth that suggests that the Federal government and States cannot jointly enforce immigration laws. The most zealous advocates simply demand that the U.S. take no action against persons illegally in this country. This country stands upon the enforcement of its laws without any discrimination against or in favor of any group.

After reading the complaint in its entirety I discovered the plaintiff’s motives for filing this action; they are surrogates for National Immigrant Justice Center which seeks to make a general political statement against immigration policy and practice. Based upon the way the complaint was drafted, the Court will probably refuse to grant class action status. Further complicating the case the plaintiffs choose a narrow legal theory upon which to base their entire complaint. The facts might not even be in dispute as they apply to the plaintiffs. Under these circumstances a motion to dismiss will be made and probably granted. The plaintiffs reveal their lack of confidence in their own complaint by not asking for a temporary injunction. As incredible as it seems the plaintiffs fail to ask for any relief or damages for the alleged violation of their constitutional rights.

The attorneys at the National Immigrant Justice Center are professional and competent. That being said; this case does not represent their best effort.

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