Archive for May 5th, 2011

May 5, 2011

5/4 – The Marietta Daily Journal – Activists urge Deal not to sign immigration bill

The Marietta Daily Journal – Activists urge Deal not to sign immigration bill.

by Jon Gillooly
jgillooly@mdjonline.com

May 04, 2011 12:53 PM | 2399 views | 35 35 comments | 3 3 recommendations | email to a friend | print

MARIETTA — Rich Pellegrino of the Cobb Immigrant Alliance urged Gov. Deal not to sign a controversial new immigration bill during a Glover Park news conference Wednesday morning.

That Deal hasn’t yet signed the bill shows he has doubts about it, Pellegrino said.

“I think he’s definitely having second thoughts and taking a good look at how this is going to make Georgia look,” Pellegrino said.

A spokeswoman for Deal said that is not correct.

“We’re still going through the bill review process, but as of now, the governor still intends to sign HB 87,” spokeswoman Stephanie Mayfield said.

Pellegrino was accompanied by such opponents of the bill as Larry Pellegrini, a policy analyst for the Georgia Latino Alliance for Human Rights.

The activists argued that the proposed legislation would harm Georgia’s No. 1 industry, agriculture, in that farmers would not be able to find the needed workers to harvest their crops. The bill would also harm the state’s second-largest industry, tourism, in that groups and individuals would boycott the state in opposition to alleged racial profiling, they said.

Pellegrini said Arizona has already lost $140 million from cancelled tourism events as a result of its immigration law.

“We should not be following in Arizona’s footsteps and suffering like they have,” Pellegrini said.

Pellegrino said he was holding the news conference in Marietta because of Cobb Sheriff Neil Warren.

“This is ground zero for the whole immigration battle, because Sheriff Warren was one of the first in the nation to start the 287(g) program, which deputizes his deputies as immigration agents,” Pellegrino said. “They can start the process of deportation at the jail without (Immigration and Customs Enforcement). My objection is the same as Cobb County Police’s objection. The purpose of police is to build trust with everybody in the community. You can’t build trust if you’re seen as a deportation agent when you’re trying to solve crime.”

Warren’s program is ineffective, he said.

“There’s no less undocumented immigrants in Cobb County than there were at the beginning of that. If some leave, others replace them,” Pellegrino said.

The Austell resident blamed the program for causing the county’s budget problems.

“You were all at the commission meeting where they were going to close down libraries, where all of a sudden we have found ourselves in a deficit,” Pellegrino said. “It’s not rocket science to know businesses are closing, tax revenues are down when you chase out one group of people. I told the sheriff, he was worried about his budget being cut, I said, ‘It’s your fault. So called unintended consequences.’ Cobb County is an example of what will happen to the rest of Georgia. We’re going downhill. We have an underground crime problem that’s increasing.”

D.A. King, who founded the Dustin Inman Society, an anti-illegal immigration group, watched from the sidelines before rebutting his opponents.

“I’m very embarrassed that any of these people live in Cobb County. I think Rich Pellegrino has fulfilled all the expectations that most reasonable people have for him today,” King said. “The extortion effort aimed at our immigration laws here in Georgia is not fooling anyone. The race-baiting fringe that collected here on the Square today is an embarrassment to Cobb County and an insult to law enforcement in general with their constant accusations and predictions of racial profiling. We’ve had E-Verify in Georgia since 2006 — thank you, Chip Rogers. All we have done is expanded E-Verify to include all employers with more than 10 employees — thank you, Matt Ramsey. I’m very proud to be involved in getting the bill passed.”

Rogers, a Woodstock Republican, is the state Senate majority leader. Ramsey, a Republican state representative from Peachtree City, originated the legislation.

Read more: The Marietta Daily Journal – Activists urge Deal not to sign immigration bill

May 5, 2011

5/3 – AccessNorthGA – Immigration reform opponents hold out hope | AccessNorthGa

Immigration reform opponents hold out hope | AccessNorthGa.

Posted: Wednesday, May 4th 2011 at 11:44pm
By Jeremy Taylor Staff

click to enlarge

Members of the Georgia Immigrant Alliance/Photo from Fox 5

MARIETTA – Members of Georgia Immigrant Alliance met in Marietta Wednesday, hoping Governor Nathan Deal does not sign a recently approved immigration bill. The group that gathered at the Marietta Square, said its holding on faith and prayer that the measure called the Illegal Immigration Reform and Enforcement Act does not become law.

Rich Pellegrino, who is against the reform act, told Fox 5 he hopes that reason and compassion win out over political expediency. Larry Pellegrini believes the bill will be bad for the state’s agriculture and economy.

Meanwhile, a proponent of the bill, D.A. King, said we can import an unlimited number of legal laborers to work on our farms.

The immigration bill was passed by the House and Senate just before the end of the recent legislative session. Governor Deal said he plans to sign it; however, a spokesman for the governor’s office said the bill remains under review.

May 5, 2011

5/5 – HB 87 Q & A – Charles Kuck Answers some Excellent Questions about HB 87

Questions and Answers re. HB 87

Sent: Thursday, May 05, 2011 11:58 AM
Subject: RE: [GIRRC] HB 87 Summary

A few good questions about the summary have been posed to me that I think expose some holes in the law and that maybe some of you could answer.  I hate to bother Chuck directly.

1.         Why do you say that the increased penalties for working with a fake social may be “illegal”?

[Charles H.  Kuck] 15 years for a document violation is grossly out of proportion with similar laws.  Consequently, for the crime, it may constitute cruel and unusual punishment as that term is referenced in the 8th Amendment.  That Amendment does not just refer to death penalty cases, but to all crimes for which the punishment is out of proportion with the offense itself. While wide leeway is typically given the legislative branch on the punishment for crimes, it is not an absolute power, and our founding fathers were sensitive to the horrendous punishments given for minor offenses under the British crown. 

 2.         How can you be sure that a criminal defense attorney (or anyone else for that matter) transporting a witness to court is covered within the meaning of “transports…to a judicial proceeding…when that person is required to appear pursuant to a subpoena…” when so often we bring witnesses first and get subpoenas later, if at all?  Who is to say what witnesses are “required” for a particular hearing?

[Charles H.  Kuck]   We CANNOT be sure that the criminal defense attorney, or anyone for that matter is protected under this exception. It is extremely poorly drafted, and thus likely to be misconstrued, and certainly challenged should it remain the law of Georgia. 

 3.         What are “privately funded social services” or organizations and why do you say that churches are not included?

[Charles H.  Kuck]  The term is not defined by the legislature, nor is it defined anywhere else under any set of laws. Social services typically means organizations such as those defined under a 501(c)(6) type of IRS definition, such as the Latin American Association.  Churches are clearly defined as such under state and federal law. IF the legislature had MEANT Churches they would have said churches, and thus by NOT specifically including them, they specifically excluded. The legislature and the sponsor of this bill clearly misrepresented what was included in it as it pertained to the exceptions, and they did so knowing that most legislators would NOT read the bill before voting on it. 

 4.         You say that during a traffic stop, if you cannot produce an approved document such as a license, you WILL be taken to jail to verify your Citizenship through fingerprints.  Is that for everyone or only if the officer has reason to believe that you are a non-citizen?

[Charles H.  Kuck]  BY NOT producing the REQUIRED documents, the officer has two choices, bring you in and verify your immigration status, OR let you go. Suppose you are the officer and a white guy is driving without his wallet. He has an American accent, “appears” to you to be an “American.”  Do you bring him to the stationhouse and verify his immigration status or let him go?  Okay, suppose the person is Latino with heavily accented English.  What do you do?  Now, take into consideration the other parts of HB 87 and SB 529 that talk about the prohibition on Sanctuary policies, and on the new Immigration Enforcement Review Board, otherwise known as the “Immigration Watchers.”   If you are an officer and do NOT want to be charged with supporting an sanctuary policy or practice, you will bring EVERYONE in to check their immigration status. If you don’t bring anyone in, you have a de facto sanctuary policy as that term is defined in HB 87 and SB 529, AND if you bring only Latinos/Immigrants in, you are violating the Equal Protection clause and clearly profiling. I would NOT want to be a police officer faced with this prospect.

In other words, if I refuse to provide my license, will I be taken to jail for certain?

[Charles H.  Kuck]   See above.

Or is the transporting to jail for fingerprinting discretionary?

[Charles H.  Kuck]  Discretionary, but see above.

And if so, is that when the racial profiling kicks in almost by definition

[Charles H.  Kuck]   See above.

5.         Can an officer come up to you on the sidewalk, having observed no criminal violation, and demand to see proof on your legal presence under this law? 

[Charles H.  Kuck]   No.  Not unless he has cause of some kind.  This might be what is referred to as a Terry Stop, but the bottom line is that we are allowed, if we are not in the course of any criminal activity, to walk away from the police if we want.

Of course, I know we are free to say nothing and walk away, risking an illegal arrest.

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