Federal judge orders immigration plaintiffs to revise complaint

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Gov. Robert Bentley signed Alabama's strict new immigration law on June 9.

A federal judge has ordered a coalition of groups suing to block Alabama’s strict new immigration law to specify which officials they’re directing their claims against.

In an order issued Tuesday afternoon, U.S. District Judge Sharon Blackburn sided with the Alabama Attorney General’s Office, saying that the initial suit brought against the law constituted a “shotgun pleading.”

“The court notes that plaintiffs’ Complaint, brought by 36 plaintiffs against 11defendants, contains 380 paragraphs, including 144 paragraphs of facts and history, and 9counts,” Blackburn wrote in the order. “Each count incorporates all ‘the foregoing allegations;’ the Complaint does not specify which plaintiffs are bringing which counts against which defendants.”

The Alabama Attorney General’s office filed a motion for clarification in July, arguing the complaint was so broadly written that it appeared education officials were being charged with search and seizure violations.

“No cause of action identifies any particular defendant at which it is aimed,” the Attorney General’s office wrote. “Apparently then, for example, the plaintiffs seek to hold (Alabama schools superintendent Joe) Morton accountable for a Fourth Amendment violation.”

Linton Joaquin, general counsel for the National Immigration Law Center, one of three groups representing the plaintiffs, said Blackburn’s order “does not go to the merits of the case at all.”

“It’s more of a technical matter that the judge wants us to file a complaint to show which plaintiffs go with which claims,” he said.

Blackburn’s order went directly to the suit brought by groups represented by the NILC, the American Civil Liberties Union and the Southern Poverty Law Center. The U.S. Justice Department and religious leaders have filed separate lawsuits against the immigration statute.

Alabama’s immigration law, which was temporarily blocked by Blackburn last week, makes it a state crime to be an undocumented alien here, and gives law enforcement broad powers to detain those they have “reasonable suspicion” of being in the country illegally.

– posted by Brian Lyman

One thought on “Federal judge orders immigration plaintiffs to revise complaint

  1. President Obama is to give a speech on Thursday on revitalizing our infrastructure, by repairing bridges and highways? With millions of illegal aliens in construction, through criminal Contractors using cheap labor, is Obama going to enact Rep. Lamar Smith’s bill H.R. 2164? Is the People’s president going to halt this travesty of our laws, by enforcing E-Verify.

    Don’t think for one minute your job is not in peril. Not for one moment should you think that the lowest income of the job market, is only sucked up by illegal aliens. Some of the 20 million plus illegal aliens squatting here, have graduated to higher paying jobs in all industries and occupations. They are not just mowing a lawn, or a bus boy in a restaurant, as they have been hired into manufacturing jobs, in construction, the higher entertainment industry employment as Casino workers. Hundreds of thousands have been accepted into trade unions, taking jobs from electricians, air conditioning and plumbers. Countless number of American citizens and green card holders, have forfeited their businesses as other Contractors have underbid their work by using illegal aliens, so that many dependable companies have been unable pay their insurance, taxes and living expenses. These are not isolated cases, as the epidemic has spread nationwide as the theft goes on?

    The issue of illegal immigration is a very serious situation, which not only affects jobs, but the economy as well. Last year’s appraised the cost of subsidizing a part 20 million or more illegal migrants and immigrants was $113 Billion dollars. This has exposed the federal and State payouts that cover the main expenditures of education, health care and the penal system. This is just a limited assessment by the well known conservative think tank of the “Heritage foundation.” The issue of illegal immigration is boiling over between Governor of Texas Rick Perry and Mitt Romney, who must find middle ground on this ugly situation, that grown in intensity over three decades. Rick Perry has a poor D- grading of on this controversial subject that affects us all, then even Mitt Romney also has a poor showing of D-. Neither presidential politician has shown any intensity in fighting the illegal alien invasion. America will always accept highly skilled occupational professionals, but not the poverty-stricken desperate from around the world. Every year a million enter this sovereign country, using fraudulent ID to gain welfare and public assistance, including semi -skilled that shouldn’t be admitted to profit businesses with lower wages, when American have the same qualifications?

    Whereas, Rep. Michele Bachmann comes first in all Immigration stances, as does the millions of people that have joined the TEA PARTY. Rick Perry doesn’t support the fence, separating our country from the unceasing invasion of economic illegal aliens from the South. Perry also opposed a standing military presence along the border, as exactly the same as the Democrats and President Obama. Rep. Romney’s speech to the Republican Hispanic National Assembly didn’t mention illegal immigration, but carefully exhibited in his speech “that he was great proponent of legal immigration.” he also said in his speech, “Our country must do a better job of securing its borders and as president, I will. That means completing construction of a high-tech fence and investing in adequate manpower and resources.”

    Make your calls starting today at every reluctant Senator and House Representative. Tell them you want them to vote for Lamar Smith’s sponsorship of H.R. 2164, The Legal Workforce Act, as each party has its own agenda. The Republican establishment agenda is to crush any law which cuts off their access to cheap labor. The Democrats and its Liberal placement, is to gain millions of new voters–LEGAL or ILLEGAL. Start calling because it might be your job on the line, with an estimated 8 million in jobs right now. American blacks have had had a terrible time locating good jobs, with national unemployment hovering around 10 percent and black males unemployment surging to a staggering 17.6 percent, followed closely by Hispanics at around 13.1%, while illegal aliens seem to have held jobs, with 0ver 8 million still hired. Use your mouse and click on the Judicial Watch website and read the disgusting statistics on corruption in Washington and the State where you live? Read the daily national and rural newspapers and media reports on the whole seething articles at the “American Patrol” website, illustrating the facts on this ugly dilemma of illegal immigration occupation. All the facts and no more lies that threaten the Liberals and open border crazies can be found at “NumbersUSA.”

    MY EARLIER BLOGS: http://brittanicus-enoughisenough.blogspot.com

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