Judge Blocks Ga. Law’s Most Controversial Provisions

From CNN.com:

Protesters gather outside the Georgia govenor’s office in May, when HB 87  passed.

CNN Wire Staff–June 28, 2011 5:58 a.m. EDT

Atlanta (CNN) — A federal judge issued a preliminary injunction Monday temporarily blocking key provisions of a new Georgia law that aims to crack down on illegal immigration, while allowing other parts of the law to move forward.

Most of the law, known as HB 87, was scheduled to go into effect Friday.

U.S. District Judge Thomas Thrash Jr.’s ruling blocks enforcement of two of the most controversial sections of the law.

“State and local law enforcement officers and officials have no authorization to arrest, detain or prosecute anyone based upon sections 7 and 8 of HB 87 while this injunction remains in effect,” Thrash ruled.

Those sections would allow police to inquire about immigration status when questioning suspects in certain criminal investigations. They also would punish people who, during the commission of a crime, knowingly transport or harbor illegal immigrants. Something like speeding or driving without proper equipment could constitute a crime. (more…)

Thrash Blocks Aspects of Georgia Immigration Law

From The Atlanta Journal-Constitution:

By KATE BRUMBACK, The Associated Press–June 27, 2011 05:31 PM EDT

ATLANTA — A federal judge on Monday temporarily blocked parts of Georgia’s strict new law targeting illegal immigration from taking effect, including a provision that authorizes police to check the immigration status of suspects without proper identification and to detain illegal immigrants.

Georgia’s became the latest in a string of state laws that have been at least temporarily stopped by legal challenges. All or parts of similar laws in Arizona, Utah and Indiana also have been blocked by federal judges.

Judge Thomas Thrash also granted a request from civil liberties groups to block a part of Georgia’s law that penalizes people who knowingly and willingly transport or harbor illegal immigrants while committing another crime.

“The defendants wildly exaggerate the scope of the federal crime of harboring under (the law) when they claim that the Plaintiffs are violating federal immigration law by giving rides to their friends and neighbors who are illegal aliens,” he said.

The judge was especially critical of that provision, blasting the state’s assertion that federal immigration enforcement is “passive.” Thrash noted that federal immigration officers remove more than 900 foreign citizens from the country on an average day. (more…)

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