Judge Strikes Key Provisions of South Carolina Immigration Law

Fox News, December 22, 2011

A federal judge on Thursday blocked three key provisions of South Carolina’s controversial law cracking down on illegal immigration.

U.S. District Judge Richard Gergel granted the federal government’s request for an injunction against the law that’s set to take effect Jan. 1.

The ruling applies to portions that require law officers to check the status of anyone they stop for something else and suspect is in the country illegally. Gergel also halted the implementation of sections pertaining to the transportation of illegal immigrants and immigrant registration cards.

Gergel has denied the state’s request that he suspend all court hearings on the case until the U.S. Supreme Court rules on a challenge to Arizona’s similar law. South Carolina prosecutors have said the nation’s high court will likely rule in six months or less.

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  • Hirsch

    I lived in South Carolina, and can tell you that most of the state is already virtually unliveable, and not due to illegal, excuse me, document-challenged immigrants. The looser the liberals demand the immigration laws to be, the more sectarian strife there will be between blacks and Hispanics. It will mean competition over drug dollars and murder, just like in Los Angeles, although I think it will be much worse, for a simple reason:

    The Southeastern portion of the US is for blacks what the Pacific Northwest is for whites, a potential homeland. They’ve begun re-emigrating from their northern bastions like Detroit and Chicago, and if push comes to shove in places like Atlanta and Columbia, they’re not just going to pick up and move this time.

  • Bill R

    We aren’t implementing sane immigration laws at the state level to make things easier on blacks, or eliminate competition for blacks. We implement them to keep from becoming overwhelmed with imported votes for the liberals, to keep from having our social services bankrupted, and to keep from becoming a Mexican province. More reasons than that, but that’s a good starting point. As to blacks, we need to cease importing blacks from third world countries also, and deport those that are there. THEN and only then can we return to the problems posed by blacks themselves. It’s a simple solution. One we had as not so long ago as 1950. Or actually, before 1947 when the services were integrated. Blacks are only productive and relatively peaceful when whites are clearly in charge, and blacks are required to work in order to live just as the rest of us are.

  • Question Diversity

    http://electionlawblog.org/?p=26991

    South Carolina’s Voter Photo ID law gets knocked back temporarily. The good news is that it might well set up a judicial showdown over parts of the Voting Rights Act.

  • Anonymous

    Hirsch wrote

    ‘The Southeastern portion of the US is for blacks what the Pacific Northwest is for whites, a potential homeland’

    Perhaps.

    Demographically, South Carolina was a majority black/ minority white state until the 1930s. But back in those days they had Jim Crow, so blacks were only dominant numerically; whites were running the show, so to speak.

  • dd

    I wonder if some Governor will have the courage, to say to a federal court that makes an outrages ruling, to interpret the law and let us, the elected representatives of the people, set public policy. Maybe nullification didn’t work out too well in the 1830s but I’m willing to give it another go.

  • Bring in the Clowns

    From the photo on Wikipedia, U.S. District Judge Richard Gergel appears to be some sort of Indian. He graduated from Duke law school which, of course, means he’s stupid.

    Of all the gibberish Newt has talked about in his effort to RINO his way to the nomination, he make sense when he blasts the federal judgeocracy. He correctly said that federal judicial districts are creatures of Congress and these district courts can be abolished by Congress. The only court that Congress can’t abolish is the Supreme Dork which was established by the Constitution.

    Newt also says there is nothing wrong with compelling particularly obnoxious federal judges to justify their rulings before Congress. On this I agree. This would make judges accountable to the people, which today they are not. If a judge refuses to testify, Newt would have them arrested and forced to testify. All of this I agree with as well. Talk about taking some arrogance out of the unelected dictators, this would.

    Newt is right by saying that today the Constitution only means what a judge or the Supreme says it means. And that is determined too often by how a judge feels on a particular day.

    The Supreme Court was established by the founders to deliver “opinions” on constitutionality of a law. It were never meant to become filled with dictators in black robes as it is today.

    It used to be myth that the people of the states ruled themselves via legislative actions. But, look at what has happened in recent years. Prop 187 in California, designed to control state spending on illegals, was placed into law by millions of voters and overturned by 1 federal totalitarian in a black robe.

    The same for the anti-gay marriage law passed by initiative in California. It too was overruled. Hence the votes of millions were nothing compared to the votes of two clowns, one of whom was “gay” who should have recused itself. You can go down the list.

    Instead of having state legislatures, why not have a committee draft proposed laws and take them to the clowns in black robes to get their agenda driven ruling first? Why go to the expense of drafting and passing state laws?

    Better yet, since judges think they are so imbued with super wisdom, let them decree the laws with a mighty pass of the hand while saying something like “let it be so done”. That way we could abolish the state legislatures and save tons of money.

  • Anonymous

    Clown O is importing black Muslims faster that they can be counted and spreading them ALL OVER the USA. Soon, we will be another broken Muslim country – like GB. and the most popular children’s name can also be Muhammad.

  • boogie

    Living here in The Great State Of South Carolina,shall we pull out as before with STATES RIGHTS again.Being pushed as before,Holder and one robe tries to dictate to all.I am ready to go for it,secede for SC and let the feds know we are fed up with their bullying.Put a ink dot on the LEGAL voter’s finger that last’s a week.Stay strong,we are in far a fight!!!!!!!!!!!