Immigration program suit thrown out
by Jon Gillooly
jgillooly@mdjonline.com
November 01, 2011 12:26 AM | 4395 views | 25 25 comments | 13 13 recommendations | email to a friend | print
MARIETTA — A federal court judge recently dismissed a class action lawsuit against Cobb Sheriff Neil Warren, Cobb Chairman Tim Lee and others brought by “Hispanic resident aliens” alleging violations of their constitutional rights.

In an Oct. 19 ruling, Judge Charles Pannell Jr. of the U.S. District Court for the Northern District of Georgia dismissed the suit targeting Warren’s use of the 287(g) program, a federal tool that helps Cobb police assist the U.S. Immigration and Customs Enforcement in the deportation process.

According to the dismissal order, the lawsuit alleges that Cobb County Police Department officers failed to inform the plaintiffs of their Miranda rights, illegally seized immigration documents which would have allowed them to stay in the country and denied them access to lawyers. The lawsuit also alleges that the 287(g) program allows local authorities to wield immigration powers reserved to the federal government without proper oversight, according to the order.

The lawsuit sought to have the 287(g) program unconstitutional, according to the order.

Thomas Quigley of New York-based Winston & Strawn, lead attorney for the plaintiffs, said he was taking the next few weeks to decide whether to appeal.

“Respectfully, we think the district court judge may have erred, and we are considering taking an appeal up to the 11th Circuit,” Quigley said.

Quigley said he could not go into details as to why he believed the ruling was in error.

Warren said he was pleased that the lawsuit was dismissed.

“In today’s society, the amnesty advocates will engage in every attempt to further their mission,” Warren said, adding that the 287(g) program has been an invaluable tool in helping identify illegal immigrants who have been charged with a crime in Cobb and brought into his custody.

“Unfortunately, the Department of Homeland Security and the current Administration have continuously underfunded all immigration enforcement for many years,” Warren said. “During these tough economic times, it is a shame that taxpayers have to fund the legal costs associated with such lawsuits.”

The order describes the plaintiffs and their allegations in the lawsuit.

n Corina Garcia-Albarran, a native and citizen of Mexico, was arrested by Cobb Police on allegations of shoplifting on March 11, 2010. Garcia-Albarran, the order states, entered the U.S. in 2004 “without authorization.” Garica-Albarran was not informed of her Miranda rights and was denied access to a lawyer, and the sheriff’s office kept her in custody after her husband posted bail so they could determine her immigration status, the suit alleges. Cobb State Court ultimately dismissed the shoplifting charge on Nov. 8, 2010.

n Maria Lourdes Segobiano-DeSoto, a native and citizen of Mexico, first entered the U.S. on a visitor status in 1998 with permission to remain until Sept. 17, 2004. After becoming involved in a car accident in Jan. 2010, she was arrested by Cobb police and failed to produce a valid Georgia driver’s license. The suit alleges that Segobiano-DeSoto was not informed of her immigration status, was kept in custody after posting bail so the sheriff’s office could determine her immigration status and was pressured to sign a document stating she was in the county illegally and consented to deportation. She did not sign the document, the suit says.

n Luis Magana is described as a national of El Salvador authorized to work in the U.S. Magana lost his physical driver’s license in 2009 and was arrested for forgery after receiving two traffic tickets in May 2010 for allegedly producing faked documents to get a replacement. The suit alleges that a Georgia Department of Public Safety investigator sought out Magana at his home without a warrant and questioned him without a lawyer present. It also alleges that Magana was not informed of his Miranda rights and was held after posting bail so the sheriff’s office could check his immigration status. The suit also alleges that Magana was coerced into signing a document releasing his 2-year-old daughter to the “care and company of a stranger,” according to the order.

Lee said he appreciated the court’s review and order dismissing the case.

“Sheriff Warren does a great job for the citizens of Cobb County, and I appreciate his leadership with the 287 (g) program,” Lee said.

D. A. King, president of The Dustin Inman Society, a pro-enforcement immigration watchdog group, said citizens should be grateful to Warren for being the first sheriff in Georgia to use the federal program. As for the lawsuit, King said, “This is just another example of the outrageous actions perpetrated by the anti-enforcement lobby who will do anything to stop the enforcement of American immigration laws.”
Comments
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mmmmmm
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November 02, 2011
I spoke to a woman that is here legally from Columbia and teaches Spanish in Dekalb County Schools. She says that it is just frightfull how illiterate these illegals are in Spanish. They can not read the notes or papers sent home in Spanish. So they don't even come in for the parent teacher meetings with her a native Spanish speaker. When they do, their spanish is so poor. She says that people would be amazed at what an illiterate underclass you are dealing with. They can't even learn their own native language. They have no one who pushes eduaction at home. So at least in the white homes the parents of children who take spanish are excited their child is taking another language.

Halibut
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November 02, 2011
She came as visitor in 1998 with permission to remain until Sept. 17, 2004. Visitor? Six years?

"The suit alleges that Segobiano-DeSoto was not informed of her immigration status," She came in 1998, was given to 2004 and was arrested in 2010. What did she think her status was and when exactly did she think she was required to leave? This just goes to show how inane these lawsuits are.

tired of it
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November 02, 2011
I personally have no problem with someone being here legally but I do have a problem with someone being here illegally getting services such as free health care, medicaid, medicare food stamps or any other government assistance that some americans can't even get. Personally if you have not worked and paid nothing into s.s. than you should get no benefits. this includes the addicts, people on ssi for bipolar, asthma, its ashamed to see any hard earned money that the taxpayers pay go to anything but to the ones who actually worked for it. but that is what the Democrats do they promise all this free money for that vote on election day. "give a man a fish he eats for a day teach a man to fish and he eats for a lifetime".

As far as people getting ssi for bipolar and other things such as that until the job that I I do now, i never realized what you can get SSI for. its unreal
Dave Francis cutdown
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November 01, 2011
Dave Francis: This is a comment blog, not your novel. Please give us a break, nobody reads all that you vomit up, even if it is true. MUCH TOO MUCH! Sorry!
Oh, El Paso
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November 01, 2011
Oh El Paso - you are so mindlessly silly! Here is part of Title 8 United states Code ( immigration law)

"Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed."

8 USC 1325. Improper entry by alien

How Current is This? (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any alien who

(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or

(2) eludes examination or inspection by immigration officers, or

(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

Dave Francis
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November 01, 2011
ACT NOW—TODAY!

Firstly American workers are suffering because of the unending flood of illegal aliens stealing jobs for decades. Now its cut-backs on health care for our most vulnerable--our Senior citizens. Our elderly population is under attack by the Joint Select committee of 12 prominent politicians from both sides of the chamber, which has the responsibility of reducing federal deficit by the November 23. Not getting into this insidious plan of why our politicians are so disposed to take away Health care to the American public, that’s even though they have paid into Social Security, since they began to work. Yet nonetheless the Congress is subsidizing the 20 million illegal alien’s access to Medicaid and in some cases Medicare? The Obama health law, enacted a new policy 18 months ago, to raid Medicare, towards funding new entitlements for low-income people, thus robbing our old inhabitants to spread the benefits, which includes the extreme poverty allowed into this sovereign country.

This contentious law reduces Medicare future funding by $575 billion over 10 years, and applying the majority of it of $10 Billion dollars to augment Medicaid enrollment and its entitlements. The Obamacare law transforms Medicaid from a provisional safety net to a permanent substitute. This absorbs private medical insurance to a mandatory equivalent. Therefore, Medicaid expenses will top $900 billion by 2020 of both federal and state subsidies, estimated to be the equivalent of Medicare. Less known is that in addition to expanding Medicaid, and opposite to the Obama administration guarantee, the new law allots billions of dollars to expand services chiefly for illegal aliens. This includes $11 billion for community health Clinics serving those not qualified for Medicaid. We have a growing, paramount occupation of the illegal invaders, who have been hired by criminal businesses countrywide. My question, without fear of contradiction why should senior’s health care be slashed to free up resources for persons, who have never paid anything into the fund?

This includes females who deliberately slip across our borders, or concealing that they are pregnant when arriving by international flights. That in itself covers around 300.000 annually, according to the Federation of American immigration Reform. They can immediately get free health care under false pretenses of an amendment that has been manipulated by Leftist judges. THESE INDIVIDUAL ILLEGAL FAMILIES ARE ALREADY CAUSING FINANCIAL ISSUES FOR AMERICAN FAMILIES IN REDUCING HEALTH CARE AND LOWERING OUR ONCE HIGH EDUCATIONAL STANDARDS, BY COURTS THAT ARE NOT FOLLOWING CONSTITUTIONAL LAW. THE LIBERAL PROGRESSIVES THINKS WE OWE THE WORLD A LIVING. THESE ECONOMIC MIGRANTS AND ILLEGAL FOREIGNERS HAVE BEEN ALLOWED TO STEAL FROM US BY SEROIUSLY FAULTED POLICIES.

Exhibiting their incompetence the Department of IN-Justice strong-armed different states, using the court system to force their own policies of what they claim is unconstitutional police laws. Arizona was essentially the first state to feel the wrath of judicial branch, followed by Alabama and Georgia. Each sovereign state’s main objective is to stop the occupation of ECONOMIC illegal aliens causing a major disruption in its public entitlement to its citizens and lawful residents. In connivance with the Communist founded ACLU, business concerns and the usual open border organizations, plus church and unions was to prosecute these ailing states. Without any relevant interest in the taxpayers tax extortion of every states, the DOJ is determined it is now time to buckle on the sword of menace and turning their radical attention on South Carolina. All these threatening postures will be remembered next November, when the TEA PARTY votes in force. The Obama administration keeps quiet that fiscal costs of education for the children and free health care for illegal families, is a—UNFUNDED MANDATE ON THE 50 STATES.

Cuts to Medicare are not about reducing federal spending, but about redistributing healthcare. This is because we are importing more and more poverty, when we cannot support our own poor.

If we are to prevent this unfettered flow of desperate illegal nationals from other countries, we must bring to the floor of the house ‘The Legal Workforce Act’. Rep. Smiths MANDATORY E-Verify can and will finally turn the stream of illegal alien labor into trickle, turning of the faucet off for jobs eventually. Without the foundation of work, families will no longer be able to settle, unless they live completely on handouts from crippled welfare sources churches or charity. Removing the 8.5 million jobs from people who have no right to be here, will release those jobs, so American workers can pay their bills. Complicity between politicians and the business lobbyists, open border entities, have brought the United States to this dismal, hapless chaos we are surrounded by. E-Verify in its own way can regenerate jobs for lawful hires, and accomplishes uncountable self-deportations. The failure of Reagan’s 1986 Amnesty plan has brought tremendous bloodshed from illegal drunken drivers, hard core criminals brought here through unresponsiveness and corrupt lawmakers; many still sit in Washington.

Each far-sighted American can alter the financial direction we are heading, in the midst of Obama’s redistribution of what legal residents have worked for all their lives. Undertake to call legislators relating to ‘THE LEGAL WORKFORCE ACT’ (Bill H.R. 2885.) Contact the WAYS & MEANS JUDICIAL COMMITTEE that can sponsor and expeditiously vote the law into reality. Don’t let this permanent law slip out of all Americans reach. Start a incessant bombardment of the House of Representative, beginning with majority Speaker of the House, John Boehner (R-OH) to get his fellow House Representatives of their unenthusiastic posteriors and sponsor Bill H.R. 2885. You can study more about the ‘Legal Workforce Act’ at the NumbersUSA website, which additionally gives you the current immigration records a grade for all the candidates in the GOP race for president. You can also send a free-fax through NumbersUSA or just please call your House Representative at the Congressional Switchboard phone number, who will switch you to the appropriate office at 202-224-3121.

Obama’s clan will do anything to win in 2012, including ignoring illegal aliens voting in the election. This has happened multiple times before, with the ACORN organization using inappropriate registrations and forged absentee ballots. The Tea Party will be involved in watching for irregularities in the general election.

NO COPYRIGHT. DISTRIBUTE THROUGHOUT AMERICA.

citizens arrest
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November 01, 2011
State, county, and local law enforcement are sworn to uphold the law and arrest criminals. Illegals are committing a crime every second they are illegally in this country. They should be detained until they are deported. The only shame is that cost prohibits that action due to the poor federal enforcement.
Bandtail Pigeon
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November 01, 2011
I see the usual suspect are crying racism

again!

If you don't bless them when they sneeze it's

because you are a racist!

If you are here illegally it is not racism to

deport you knuckleheads.
VivaLaMigra
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November 01, 2011
The suit alleges that the cops "seized immigration documents [sic]..." I would like to know exactly what "documents" these illegal aliens possessed? Were they stolen? Fraudulent? Counterfeit? Were these illegal aliens in possession of valid, STAMPED passports, green cards, or visas? If so, then they weren't illegally present! But, when you're a Libtard facts and the LAW don't count for much, do they?
VivaLaMigra
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November 01, 2011
Poster "ElPaso" falsely claims that border jumping is a mere "civil offense"...he's dead wrong. Entering "without inspection" is a misdemeanor...that means it's a CRIMINAL offense. It is in fact defined in the United States CRIMINAL Code. It's a CRIME, not an "offense"!
VivaLaMigra
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November 01, 2011
Gee, suspected illegals were held while their "immigration status" was determined...how utterly Cruel and Unusual! Well, it's certainly "unusual" for law enforcement to..er..actually ENFORCE the law throughout most of these United States. And, it's indeed "cruel" that American citizens have to suffer the consequences of an administration whose members have sworn to "..see that the laws [sic] be faithfully executed..." but have no such intention.
John Bowman
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November 01, 2011
El Paso,

You got it backwards, illegal alien supporters like you are the racists, you hate Americans and support a 30 to 1 immigration advantage for Latin Americans over Asians, Africans, and Europeans.

Also this is not immigration that the states are stopping, but a foreign invasion which they have every right to do.
Ali9999
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November 01, 2011
Boy, advocates for illegal aliens really want it both ways. They claim that illegal immigration is NOT a crime, but then claim that they weren't informed of their Miranda rights. News for you--if illegal immigration is not a crime, as you claim, then you don't need Miranda rights. And it's up to YOU to prove you have a right to be here, not up to the authorities to prove you don't.
el paso
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November 01, 2011
To suggest that a state can decide the Federal Govt is not doing what they want on immigration, that the state simply set it's own policy is foolish. To follow your logic, the state could decide the U. S. should declare war on China, and if not Ga. will do it. You can try to dress it up, but it is obvious that rascism is a big factor in those who are anti immigrant.
el paso
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November 01, 2011
Illegal immigration is a civil offense, and if one has posted bond, the sheriff should not be holding you to check immigration status. If that is what has happened, the case will be appealed and the ruling should be reversed. I believe the figure is about 3% of the people who get an immigration hold under this program are not illegal, they are being held in jail for nothing except being of hispanic origin.
Delaware Bob
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November 01, 2011
These illegal aliens are costing us a small fortune in laws suits along with all the other costs of their illegal immigration into this country. If the Federal Government is not going to free this country of all the illegal aliens and their anchor babies, (illegal alien children), then let the states do it. This illegal immigration MUST end!

How's this for an idea? Make entering this country illegally a felony. Make the fine $2500 plus one year in Federal prison. Make this the same on overstayed VISAs. If drugs are involved, triple the fine. Then, apply this to all the illegal aliens in this country now. Leave or if you get caught, the fine will apply to them. Maybe, just maybe, this will take the place of a fence that is costly and doesn’t seem to work all that well. It may even cut down on the cost of deporting these illegal aliens. The other thing is this birthright citizenship. We MUST know through Congress or the Supreme Court if indeed a child born to an illegal alien is a U.S. citizen. I say they are not. If not, then, how do we REVOKE the birth certificates already issued. Boy, can you see the problems with this illegal immigration? Maybe Congress should allow states to enforce immigration laws, or at least a few of them. When is enough going to be enough? Tell me!

Pancho 3
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November 01, 2011
The mexican mantra

“Por La Raza todo. Fuera de La Raza nada” “For the race everything, outside the race nothing”

All of the laws should be enforced equally, regardless of race, religion, and/or national origin. That is with the exception of mexicans, and they should be above the law and exempt from the law. And the only purpose that a tonto gringo serves is to pay taxes to support the superior and noble mexican.

Anyone who disagrees with this philosophy is Xenophobic and a Racist.

Pancho

All animals are equal but some animals are more equal than others.

George Orwell, Animal Farm, ch.10, 1945

anonymous
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November 01, 2011
God bless this Sheriff and this Judge. With people like this we may still be able to save the USA. Thank you.

I find it interesting that a NY lawyer represented the illegals in Ga. Ummm,a little something fishy there perhaps. You go Georgia. My wimpy state has sanctuary cities and elected officials who want my state to be like California.

How lucky can you get,huh. If you fight my states illegal approach they call you racist,uncaring and non Christian. Many of us want to follow Az and Georgia. Pray for us.
Drooly
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November 01, 2011
A second Obama term would result in the end of most immigration enforcement - even the going thru the motions actions he is taking now. Another amnesty would result in 20 million future Dem crazy lefty gimme voters and eventually the open borders and official out in the open socialism that is the goal of the left.

The open borders part would please business too - they would be able to replace most "Americans" with cheap third worlders and expand their markets.

One thing the loony "Occupy Wall St." kids have right: IT IS TIME FOR REVOLUTION.

AND REPLACING MOST OF CONGRESS... AND THE PRESIDENT.

King writes and speaks about this a lot. I look forward to reading his book. He is a hero.

Thanks to the MDJ for this story. It didn't make the local news, the AJC or the AP. No big story when the Americans win one in their own nation I guess. I loved my country and weep at its demise.
Retired LE
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November 01, 2011
The Sheriff's Office can continue to hold someone once bond is posted if this individual is under investigation for another crime (such as entering this country illegally). We are a government of laws, as U.S. citizens we are expected to adhere to these laws. Why do illegals always seem to think these same laws don't apply to them? And once caught they always scream the longest and loudest.
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