I think I am agreeing with the Georgia Police on this one

[Platapus]

http://www.cnn.com/2010/US/05/14/geo...ion/index.html

Atlanta, Georgia (CNN) -- Staring at the throngs of media representatives who came out to hear and see her Friday, Jessica Colotl took another step into the fight for her future.


The undocumented student from Mexico whose case has become a lightning rod in the immigration debate had been released on $2,500 bond just a couple hours earlier. The 21-year-old student at Kennesaw State University in Georgia surrendered Friday morning to authorities in response to a warrant for her arrest issued Wednesday night by the Cobb County Sheriff's Office.


Standing nervously before the crowd, Colotl fought back tears when people cheered for her. The media bombarded her with questions as she tried to give voice to her struggle.


Just a week earlier, she'd been released from a deportation facility in Alabama after being stopped in March for a minor traffic violation.
"If I were to be deported, I'd have to start all over again," she said. "I'm hoping for the best."


The sheriff's office said she gave a false address when stopped for that violation, a felony charge that her attorney denies.


A spotlight has been trained on Arizona since Gov. Jan Brewer signed into law a bill that requires law enforcement officials to seek proof of legal U.S. residency from anyone whom they have stopped on suspicion of having violated the law.


But advocates working with Colotl point out that a little-understood program already gives local authorities in many states the latitude to act as immigration officials -- a right that is often abused, they say.
"The future of Arizona already exists in Cobb County and Gwinnett County [also in Georgia]," said Jerry Gonzalez, executive director of the Georgia Association of Latino Elected Officials.



Near him were other Colotl supporters, some holding signs reading "Education not deportation."
Under the U.S. Immigration and Customs Enforcement 287(g) program, state and local law enforcement can partner with the federal agency to gain some immigration enforcement authority in their own jurisdictions. If they conclude that someone is in the country illegally, they can turn that person over to ICE. Last year, a change to the partnership program prioritized the detention and arrest of those who have allegedly committed crimes.


The Cobb County Sheriff's Office is one of 71 law enforcement agencies in 26 states that have entered into this partnership program, according to the ICE website.



Labeling the program a "civil rights disaster," Mary Bauer, legal director of the Southern Poverty Law Center, said it "leads to racial profiling, distracts police from looking for real criminals and destroys families."
The American Civil Liberties Union of Georgia called Friday for an end to the program.


"Jessica's case is yet another outrageous example of the unaccountable local enforcement of immigration laws in Cobb County gone awry," said Azadeh Shahshahani, ACLU of Georgia's national security/immigrants' rights project director.


Colotl's legal problems started in late March when her car was stopped on the Kennesaw State campus. Born in Mexico but living in the United States since she was 11, she could not produce a driver's license, so she handed over as identification an expired passport from Mexico.

Driving a car without a license is a crime.


Being in a foreign country with an expired passport may be a crime in both countries depending on the individual country's laws.

She was arrested the next day and turned over to immigration officials. She spent more than a month in the Etowah Detention Center in Alabama.


Friends came out in force and marched on campus in her defense. Earlier this month, she was released, and her deportation was deferred for a year, which will allow her to finish her studies. She hasn't returned to classes yet, but looks forward to earning her degree.


"I'm just trying to live the American dream and finish my education," she said.



Calling Colotl "a symbol of what's wrong with the immigration system," immigration attorney Charles Kuck thanked ICE for allowing his client to stay in the country for a year to finish her studies. He then set out to educate people about the challenges facing Colotl, providing a reason why she did not have a license.


"Jessica can't start the process to become a U.S. citizen because she's not allowed to," he said. "If Jessica could obtain a license, she would have."

Well, what is the reason Jessica can't become a Citizen? Is it because she is currently breaking our immigration laws? If that is the reason, I don't have a lot of sympathy for her.

In a statement Wednesday night, Cobb County Sheriff Neil Warren said, "Ms. Colotl knew that she was in the United States without authority to be here and voluntarily chose to operate a vehicle without a driver's license, which is a violation of Georgia law. She has further complicated her situation with her blatant disregard for Georgia law by giving false information."

As for the use of the ICE program, he said, "I value any tool that helps me enforce the law and remove violators from our community."


But the band of lawyers and advocates who rallied around Colotl say Cobb County is abusing its power. In a joint statement Thursday night, they voiced outrage over Colotl's treatment and suggested that the felony charge is trumped-up.


"It is obvious from all the documents that I've seen that she has done nothing wrong and has given her proper address to Cobb County and immigration officials," said Chris Taylor, Colotl's criminal attorney. "There has been no crime committed."



The car's registration simply reflected her old address, Taylor said in an interview, and she provided her new address when she was taken into custody. Taylor said he has the documents to prove this and looks forward to clearing her name.

In many states there is a requirement to update such documents withing a specific time frame. In my state, I have 30 days to update my documents. I received a ticket and was found guilty when my country changed the name of the Administrative District where I lived and I did not get my Driver's License changed within 30 days

In front of the crowd that gathered Friday, he said of his client, "She has not failed us. We have failed her. The system has failed her."
The Cobb Immigrant Alliance likened the actions of officials to "schoolyard bullying." Gonzalez, of the Georgia Association of Latino Elected Officials, called the sheriff "Wild-West Warren," saying he "has abused his authority in this case. His actions clearly demonstrate the problems that occur when local law officers are granted authority to enforce immigration laws."
"Sheriff Warren has embarked on a witch hunt, wasting money and county resources for political gain," said Adelina Nicholls of the Georgia Latino Alliance for Human Rights. "This is not about public safety."

Not seeing where Georgia has done anything wrong in this case.


There may be cases that can be used to support position of the people against the new Arizona law, but this is not one of them.


I would be interested in hearing how she registered for the college. If she lied about being a citizen or legal alien, in registering for a State Funded University, she may have more legal troubles.

[CaptainHaplo]

I agree with you Platypus, though I think the arguement they will play here is that since she has been in the country since she was 11, its not HER fault she isn't documented. My response is she is in college - so she is an adult and does in fact bear the responsibility to do what is necessary to be here legally.

As for her entry into college, my bet is that she never claimed citizenry. Most "higher education" centers now don't ask about a persons citizen status, and there is a push to have most state systems allow the "undocumented" to get in-state tuition even if they do not meet the requirements. Basically, say your illegal (regardless of your country of origin) and you get a benefit that a citizen of another state would not.

[raymond6751]

Laws should be applied equally to all. This person chose to break the law, it wasn't up for discussion about her reasons for it.

It also isn't up to the 'local authorities' to choose which laws they will enforce or not. The arrest was valid.

Is this the kind of person that you would want immigration to accept?

[mookiemookie]

Jessica, GTFO. You're taking up a spot at school that's been reserved for a citizen or LEGAL immigrant.

Attention whoring criminal.

[Weiss Pinguin]

Originally Posted by raymond6751

Laws should be applied equally to all. This person chose to break the law, it wasn't up for discussion about her reasons for it.

It also isn't up to the 'local authorities' to choose which laws they will enforce or not. The arrest was valid.

This. I'm sure it's a real bear trying to come here from Mexico, but breaking the law is still breaking the law no matter who you are or where you're from.

[Torvald Von Mansee]

Originally Posted by CaptainHaplo

I agree with you Platypus, though I think the arguement they will play here is that since she has been in the country since she was 11, its not HER fault she isn't documented. My response is she is in college - so she is an adult and does in fact bear the responsibility to do what is necessary to be here legally.

As for her entry into college, my bet is that she never claimed citizenry. Most "higher education" centers now don't ask about a persons citizen status, and there is a push to have most state systems allow the "undocumented" to get in-state tuition even if they do not meet the requirements. Basically, say your illegal (regardless of your country of origin) and you get a benefit that a citizen of another state would not.

That last bit PISSES ME OFF TO NO END!!! Rewarding bad behavior!?!?

Here's another scenario that happens all the time: illegal immigrant is in a car accident, and has no license or insurance. He RUNS from the scene, and then calls 911 and says his car/truck got stolen (if it's even his). You can't sue him!! And I find that particularly annoying because there are a LOT of illegals around where I live, and they are CLUELESS (not to mention self-absorbed) drivers. For example, they'll just STOP without warning to let someone out in moving traffic, even though there might be a side street right up ahead they could pull into to let their passenger out. They screw up the entire traffic pattern to save themselves just a few seconds at EVERYBODY ELSE'S expense. I want to throw a brick at them.

On the other hand, if you speak flawless American English and happen to be Hispanic, why should have you to produce your birth certificate to some redneck cop? Would he ask for your birth certificate if you were just about any other ethnicity?

[CaptainHaplo]

Torvald,

As for whether or not a cop should ask for "papers" - well - currently they are allowed to basically do the same for any US citizen - if your stopped for say a traffic citation, they are going to ask for your license. This is for identification purposes as well as to verify your drivers priviledge. Yet this does not violate our civil rights - so why would verifying the legality of your status on american soil be? I would go so far as to say that what SHOULD be done is to simply have on your license (or ID card which many people who do not drive get) a notation as to your citizenship status. This way, the cop wouldn't have to ask - you would be providing that data to the state when you get your ID/drivers license. If your involved in something where a cop has the already established right to verify your identity, and you cannot provide it - there should be a question. Not based of your looks - but by your inability to demonstrate what every legal person is likely to have - some form of state authorized ID.

If they did this - no one could claim racism - because the cause wouldn't be how you look at all - or your accent - but your failure to provide required information to the cop. If I have to do it, why shouldn't anyone else?

[Platapus]

Originally Posted by Torvald Von Mansee

Here's another scenario that happens all the time: illegal immigrant is in a car accident, and has no license or insurance. He RUNS from the scene, and then calls 911 and says his car/truck got stolen (if it's even his). You can't sue him!!

I am calling BS on this. With very few exceptions you can sue anyone for anything (that is one of our problems). Now, being able to collect after successfully suing someone is a different problem.

Please show me a citation which supports your assertion that you can't sue in this situation.

It would also help your position if you had any evidence that this "happens all the time".

She was stopped for a minor trafik violation.
That's 100% legit. (I do question the constitutionality of ro*******s.)

She was not in possesion of a valid driver's licence.
She broke the law.

She produced an expired passport.
She is illegaly out of Mexico.

I see no mention of her producing a US visa.
That's grounds for detention AND deportation.

Who sold these people the lie that they have a "right" to immigrate into any country they choose???

Why are taxpayers funding the higher education of foreigners???
She apparently did not have a student visa.
Who approved her entry into the school in question???
It would seem that most US citizens could not afford this higher education for themselves, yet they are forced, through their taxes, to subsidise hers?!?!

No visa, and yet she has a car and residense.
Who, if anyone, illegaly employing her.

Who gave her the "right" to bypass people who seek legitimate student visas, work visas, and residense permits???

I applaud the police, and think there is room for further investigation, and prosecutions.
I do NOT applaud the agency that allowed her to remain for another year to complete her studies. She should have been prosecuted and deported, with a NO RETURN notation in her files.

The word that was starred out is ro*******s. I don't know why that happened, or why I can't correct it.

The starred out word above is
r o a d b l o c k s .

[SteamWake]

Originally Posted by Platapus

There may be cases that can be used to support position of the people against the new Arizona law, but this is not one of them. .

The only arguments I hear against this law is it's encouraging of 'racial profiling'.

The fact that the law has language to specifically prevent profiling appears to be un-important.

Just ask Holder

http://www.politico.com/blogs/joshge...tion_bill.html