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Friday, May 13, 2011

Gov. Deal signs controversial anti-illegal immigration legislation

Posted by Gwynedd Stuart on Fri, May 13, 2011 at 12:44 PM

In late March, thousands rallied in opposition to HB 87.

It's official: Governor Nathan Deal has signed into law HB 87, Georgia's controversial Arizona-style, anti-illegal immigration legislation.

You can read the "Illegal Immigration Reform and Enforcement Act of 2011" — which encourages police to check suspects' immigration status and mandates that employers verify the status of new hires — in its entirety here.

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Deal's a coward. His approval of the legislature's symbolic and mean legislation will cost the state money. And HB87 will lose in court.

States are preempted from immigration regulation. The claim that they are merely trying to help is not a legally recognized reason. And the claim that the federal government is not enforcing it is invalid because like all regulatory schemes - one of the key methods of enacting policy is how regulations are enforced and not enforced - where priorities are placed. Immigration especially has had a long history of being implemented through the use of prosecutorial discretion and/or enforcement discretion.

The bill creates a whole new government agency complete with a board of political cronies picked by the Governor and legislators that is redundant of federal processes. HB 87 adds costs to state governments and creates a new set of burdens and costs for small and large businesses. The calls for less government are mere hypocrisy .

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Posted by InAtl on 05/13/2011 at 12:56 PM

From Atlanta's Fox 5 WAGA, an investigation into Governor Deal's campaign disclosures uncovers $90,000 in payments to a clandestine business owned by the Governor's own daughter-in-law.

http://www.youtube.com/watch?v=d6BvSLB_L3U…

More hidden payments to family members...NICE

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Posted by InAtl on 05/13/2011 at 1:03 PM

i hope Georgians can sleep at night. yes, all of you who voted this graft of a human... bunch of inhumane bastards.

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Posted by innowherega on 05/13/2011 at 1:25 PM

If it is indeed unconstitutional, you should be happy that it is signed into law so the SCOTUS can go officially on record as to what is the responsibility of the states and the feds in this area. Right now it appears a bit murky. This will help clear it up.

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Posted by Centennian on 05/13/2011 at 1:26 PM

Centennian though I think we should have waited for Arizona, why lose all that money merely for political grandstanding.

I've been noticing, granted anecdotally so take it for what it its worth, that some of the more productive of the crop are in a better position to leave move to other states and thus are doing that to a degree, thus the bigger contributors to the economy are the ones we are losing.

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Posted by InAtl on 05/13/2011 at 1:55 PM

#1- So he's a coward for signing a bill that he said he would sign on the campaign trail? Nope...you might disagree with the bill, but you should have no question that it was coming.
#2-it would be nice to have SCOTUS rule on the constitutionality...vs everyone and their brother saying what it is and isn't. By the way, Congress can pass laws that preempt this...good thing they got cracking on that during the time the Dems controlled the house and the senate. (or the GOP before them , for that matter) Who is the coward? I can't remember?
#3-"clandestine business" ? How is a business that is registered with the SOS, has a registered agent, and has an address listed on the SOS site clandestine? My guess is that that 'clandestine business' will file taxes, too. How sneaky of it!!!
And it is campaign dollars...it's not taxpayer money. All she has to do is show she performed services in the campaign effort and it is legitimate. I can understand if you donated to the elect Deal fund and feel gypped...but my guess is that you didn't.

Have you even read the bill...seriously, what is your issue?
-That it is illegal to commit identity theft?
-That private businesses have to comply with E-Verify(a federally run program...btw...PREMPTION!!!)?
-The people committing other crimes can be charged with harboring or transporting illegals?

Seriously, read the damn bill...stop throwing out words like 'suspects' when the bill only applies to suspects with probably cause of violating a state or federal criminal law. Read that again....they can't check ID unless there is probably cause you have committed a state or federal level crime. The whole 'driving while brown' theory would be fine...basically as long as there is probable cause they committed a felony.

Do I love the bill? Nope. I feel awful for the hard working folks who have come here to earn a living who are worried about deportation or having to go through the e-verify. I also feel bad for our famers and agri-businesses who rely on these hard working folks for labor. But the way the debate has been waged...with the far right and far left...the xenophobes who wanted unrealistic deportations and the hispanic groups who wanted more amnesty than provided under the status quo... refusing to compromise...we should have seen what was coming...voters wanted action and the right was the only group with the political willpower to do anything, thus winning the election and setting the law.

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Posted by hgrady on 05/13/2011 at 2:52 PM

inhumane ? how?

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Posted by theboykinkingofatlanta on 05/13/2011 at 3:25 PM

Be very careful, hgrady, you're making a lot of sense and that appears to be dangerous these days. If you're not breaking the law then you have nothing to worry about.

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Posted by noygb on 05/13/2011 at 8:01 PM

noygb: Its not if youre not breaking the law. Its if they have 'probable cause' that you are breaking a law and you happen to not have your driver's licence with you. Did you know that taking the stairs in a parking deck is now considered probable cause (seriously, see the other cl article about it).

If you are pasty white you have nothing to worry about.

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Posted by ethix on 05/13/2011 at 10:18 PM

hgrady: They registered with the SOS AFTER they found out fox 5 was doing the investigation (fox 5 contacted them for an interview). And whether you agree with the donation or not, banning fox 5 reporters from a public meeting because they reported on a questionable donation to his daughter in law is certainly childish at best....

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Posted by ethix on 05/13/2011 at 10:22 PM

just to be clear, i am not against immigration enforcement (although the system currently is not efficient or good). I think illegal immigration is a bad thing. But I am against depriving a citizen or legal resident of their freedom while their "immigration status" is verified because they happened to be walking the wrong way in a parking deck (and most likely this will not happen to pasty white people, but to the darker skinned variety).

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Posted by ethix on 05/13/2011 at 10:34 PM

"voters wanted action and the right was the only group with the political willpower to do anything, thus winning the election and setting the law."

"political willpower" is strong language for "picking on immigrants on behalf of xenophobic whites"

honestly we should celebrate anyone who has the balls to immigrate illegally. we need more of them in this country, and less of the lazy entitled americans who demand welfare while decrying the welfare given to others

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Posted by eric pfeifer on 05/13/2011 at 10:35 PM

Let's talk about this banning a reporter from a public meeting because said news dept. reported on the backroom Deals...

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Posted by Mudpuppy on 05/14/2011 at 2:03 PM

Well said Eric Pf!!! But funny enough I agree with Hgrady too. The system can only be fixed with compromise. One side demanding amnesty and the other screaming xenophobia isn't right and will never result into anything. This bill is idiotic because me being Hispanic, I can be pulled over whenever a cop wants to for "probable cause." Being in good ole boy country, that's scary as hell.

Yet what the hell is it with people who say illegal immigrants abuse the system? Really??? Actually a lot of people do too. Ie. crackheads, moms who use babies for welfare money, drug dealers, etc... So if you want to go after illegal immigrants for abusing the system, why not go after everyone? Oh yea I forgot, they're citizens; so please give them my hard working tax dollars because they're contributing so much to society. (sarcastic undertone btw ;-) )

The bill needs to be scrapped completely, but like Hgrady said, the right has the power and what's worse is that now we as a state will suffer for the fear and racism of others. It's a sad day when we have to resort to fear as a scapegoat to laziness and social entitlement issues.

What gives me hope is that so many people from all walks of life participated in protests against the bullshit law; so it's nice to see that people are speaking up and hopefully the courts will strike it down and a new, more humane law can be in the books that helps illegal immigrants living hard working lives find a path to citizenship while curbing all of the racial and xenophobic fears of those in power.

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Posted by Saxguy on 05/14/2011 at 5:10 PM

I am getting that awesome tingly feeling! Way to go Deal! I stand beside all who support this bill!

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Posted by PistolPete on 05/14/2011 at 8:48 PM

While I am not a fan of Gov. Deal, I support this bill. If we had a national government that would enforce the federal laws, the states wouldn't be forced into immigration control. Alas, we have a President and administration who pander to anyone that might vote for Democrats. It's a shameful situation.

No country was home to illegals to this country tolerates illegals in their country. Everyone who hates this bill should take 6 months, go to Mexico as an illegal, and send the Loaf a postcard when they enter a Mexican jail.

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Posted by Burroughston Broch on 05/14/2011 at 9:07 PM

I am in love with e-verify. I would hump it till it is dry and then apply lubrication.

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Posted by PistolPete on 05/15/2011 at 9:58 AM

"While I am not a fan of Gov. Deal, I support this bill. If we had a national government that would enforce the federal laws, the states wouldn't be forced into immigration control. Alas, we have a President and administration who pander to anyone that might vote for Democrats. It's a shameful situation."

Here we go again..another ignorant ranter about illegals should go back home and trying to blame the President. First of all the truth will hurt you as much as it will hurt the rest of you retards who don't see the trees in the forest.

Lets examine why the illegals are here in the first place..IT WAS THE CORPORATIONS and the MEDIA that were putting out their tag line " they are doing the jobs the Americans won't do" do I need to repeat this? Now these corporations are ran by who...and its not playing the race card its FACTS..by WHITES..yes..I know most of you idiots will try to cry foul. But here is the cold hard facts. The CORPORATIONS were the ones lobbying for work visas for illegals and they paid your politicians hefty dollars to look the other way. It was all about greed and these players in these corporations did not give a damn about YOU..an American! It was about the almighty paper..the dollar.

Now you want to blame the illegals for working and being here then you need to look at who hired them to work on the highways, construction, poultry, farms, etc..and follow the company you know who had no problems with paying cheap labor. Then here comes the stupid Americans crying foul. It was not foul when Jose was cutting your grass or Felipe was building your house and here we have the clown awards for Massive Stupidity among the American People.

If you are against illegal immigration then don't just go for the Mexicans..how about the Asians that no one talks about, the Indians that own the gas station, hotels who are not legal and use the hotels to bring their people over. Come on let's not stop there..how about the Africans, the Russians, Germans who too come here illegally. So who exactly who is this bill targeting..yes we know Mexicans right!!!!

Deal is a damn crook and it just amazes me that people will vote the crooks into office and then cry later. You wanted Deal and you got another corrupt part of the 3 stooges..Deal, Barnes and Perdue. Damn you people are pathetic. Deal signed the bill into law after he and his crooked friends have benefited from illegal and cheap labor..go figure.

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Posted by metaljacket on 05/15/2011 at 10:18 AM

ethix: thank you for presenting your views in a respectable way. It's a break from the norm these days having an adult conversation containing differing viewpoints. really. I didn't know about the stairway thing, that's strange. Anyway, some could argue it's racial profiling but being pasty white (with freckles!) I could be here illegally from Canada, right? My point is if you aren't breaking the law there is nothing to fear. We are a nation of immigrants and I believe that's one of our strengths but they should follow the same rules that our great grandparents did. Go through the proper procedure and become an American legally.

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Posted by noygb on 05/15/2011 at 12:32 PM

Deal is kissing up just like so many others in his klan. They're trying to impress the voters who voted them into office. When in reality, it was the Republicans who opened the gates that allowed illegals to enter the country anyway. They wanted them for their cheap labor and to drive down the power and bust up unions. Now they want them gone? They already know states are barred from laws regarding immigration. Only the federal government has the power to rule on such issues. Deal's a fraud just like the rest of his crew.

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Posted by Playin_da_Masses on 05/15/2011 at 1:51 PM

@noyqb: quote: "they should follow the same rules that our great grandparents did."
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There were NO rules or laws regarding immigrants entering the U.S. in your great grandparents time. But of course, those immigrants of your great grandparents time mainly immigrated from Europe. Maybe that's the reason? Only when our browned skinned brothers from America's southern borders started to cross those borders in droves did immigration(illegal) become an issue.

Just a reminder though: Many of those coming across those southern borders are returning to reclaim that part of America that once belong to their ancestors. They are their descendents. That is before they were run out of North America at gunpoint during the American wars against the Native American Indians and Mexicans.

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Posted by Reclaiming_Their_Land on 05/15/2011 at 2:00 PM

There is not a single square inch of land that in any nation that hasn't been conquered and reconquered.

Reconquistadors have no claim.

Nor does it matter what the immigration law was a hundred, or two hundred years ago. Nor does it matter that Europeans did to American Indians what they were doing to each other.

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Posted by oydave on 05/15/2011 at 3:10 PM

Eric you are so good at apologizing for being white/caucausian. Please write a book and tell us more. Or at least tell me where I can buy a "I am sorry for being born white t-shirt."

Current population of the US 307M. Of that about 40M are legal immigrants, and about 12M are illegal. So 13% of our population are natural citizens. Include illegals and you have 16%. These percentages are not much different from other industrialized nations.

I am sick of the left leaning nation of immigrants crap. Is it really supposed to mean that most of us are only a generation or two removed from immigrants? I say BS to that because it sounds like more of the weary lefty socialistic/marxist/communistic philosophy trying to hold people accountable for deeds of their ancestors.

This argument is tired and pathetic. It reminds me how our DOE brainwashes us to believe that we’re all descended from slave owners, or slaves.

Should we discuss how America was founded by immigrants, over two centuries ago? Which is not true. Most of our Founders were born on American soil. Nine of the delegates to the first Constitutional Convention were immigrants.

The people who came before them were COLINISTS not immigrants, you commie. They certainly did not immigrate into Indian society, and they did not regard themselves as a nation of immigrants when they declared their independence from England that ruled their ancestors.

Listen up Commies, we all know about your plethera of organizations in the US that openly encourage those who cross our border illegally to think of themselves as colonists too.

What is immigration anyway? Is it merely the physical act of crossing a border? I don't think so you bunch of lefty commies. All great affairs of free men mean that true immigration is an act of mutual consent, mutual responsibility, and is mutually beneficial.

We are a nation that has welcomed many immigrants. Commies, Socialists, and Marxists buried ball deep in the democratic ass continually operate with no impunity and work very hard to make everyone else think and believe that immigrants have no right to our set of American conditions. They try to make us feel like hypocrites for limiting the number of new citizens we accept and for making immigrants fill out applications for citizenship and wait for a response. We’re definitely not supposed to regard the people who did fill out applications as the true immigrants are we, lefties?

Instead of beating oursleves up for daring to envision borders around American territory, we should be working to secure our borders tightly and work on ways to process those applications for citizenship more quickly.

The President mentioned our outdated system of legal immigration in his El Paso speech, and he was right about that.

When the President went on to set up another of his infamous false choices, between open borders laced with amnesty and a moat full of alligators, he rendered yet another unforgivable insult to the majority of Americans – both native-born and naturalized – who take citizenship seriously.

Don't believe me? Then you have not talked with a Citizen who worked through this system and is proud to be an American.

Citizenship implies the existence of non-citizens, and therefore borders. The ideas come as a set.

America is a nation with immigrants and we add a million every year. We are proud of them, and they are proud to be Americans. There is a difference between immigrants and aliens. It’s possible for an alien to become an immigrant. The process is currently more difficult than it should be. It will never be automatic. That’s why we have a border.

We don’t need any more excuses for the President’s failure to do his duty in securing it, fantasies that he took care of it while we weren’t paying attention, insults directed at those who expect him to do his duty, poetic illusions, or moralistic lectures about why one of our borders shouldn’t exist.

How much longer with the true Democrats who are not commies, socialists, or marxists believe in this hopeless administration.

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Posted by PistolPete on 05/15/2011 at 10:28 PM

Now now, Pete. Papers submitted without proper citation will be returned to the student with a grade of FAIL.

http://www.humanevents.com/article.php?id=…

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Posted by NadVertising on 05/16/2011 at 9:22 AM

wow - enforcing laws - so draconian!

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Posted by Real world on 05/16/2011 at 10:35 AM

Just want to add some quick fact checks.

The law is not that they can check your idea if they have 'probable cause'...

It is if they have probable cause that the suspect has committed/is committing a state or federal criminal act...not breaking a local ordinance, traffic violation, etc. etc. Most of the crimes codified at the state and federal level are felonies...or at least serious crimes.

So, while fearmongerers want you to believe that a 'good ole boy' cop (really? we want to sink to that stereotype?) can pull them over and check status and deport them for 'probable cause', the TRUTH is that while cops can be a-holes and pull you over for just about anything, they can't check your status unless they have probable cause you were committing a state or federal crime.

This is my point...throwing around faslehoods and crap like Santana saying this is 'un-American' is why we don't have a compromise solution in the first place.

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Posted by hgrady on 05/16/2011 at 11:39 AM

hgrady: But its not fearmongering when it happens: http://clatl.com/atlanta/why-was-james-hereford-arrested/Content?oid=3130499 . And there are numerous other alleged examples. So when a latino citizen or legal resident is held for a few nights while they verify his immigration status because his English isnt so good and he was walking around an area where people steal cars, I hope you will realize its not just fearmongering. The APD was found twice in the last 5 years to "routinely" violate the law with regard to probable cause/illegal searches, so I really dont think its fearmongering to assume that, yes, there will be issues with detaining people who are here legally who havent broken any laws because they look foreign or speak with an accent. How many times do you need a federal court to tell you the APD has problems with probable cause policy before you believe its real?

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Posted by ethix on 05/16/2011 at 2:11 PM

Not being abused?

http://www.hstoday.us/channels/dhs/single-…

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Posted by America, eff yeah! on 05/16/2011 at 2:54 PM

Hgrady I did read the bill.

Yes preemption, even on Everify because immigration is the role of the Federal Government. Immigration has long been directed not just by the plain meaning of the words but how it was enforced.

To say its not enforced is not accurate. We have record border patrols and are deporting more people than ever.

What HB 87 does is move the focus (much like the 287g programs in Gwinnett, Cobb and Dalton) from going after dangerous immigrants or immigrants that have committed felonies and applies it across the board to anyone who looks ethnic and who an officer has a basis to suspect they may have committed a crime. Plus it grants immunity to any officer who is attempting to enforce HB 87.

The Everify is inhumane because it starves people out of jobs who have been here paying taxes for many years. It also creates an unnecessary burden on businesses. The creation of the Gov/legislated board and corresponding staffed government bureaucracy is merely bloated government. Plus the bill provides for awarding Grant money to encourage more local governments to enter into immigration enforcement agreements etc.

I don't understand the claim that those for immigration reform wanted amnesty or nothing. The first step was the Dream Act and this entirely logical bill failed. Though doesn't any immigration reform involve some sort of Amnesty in the sense that the government is officially allowing them to get some sort of legal status?

And yes its insane to classify using a bad idea to get a job at burger king mopping floors as a Felony.

Yea this bill is just a continuation of the movement in GA such as the addition of the 2 day mandatory prison term and adding that offense as requiring an immigration check.



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Posted by InAtl on 05/16/2011 at 3:20 PM

Sometimes you have to tear some terrible shit down to build back up again. I know it's not going to be awesome for people who have come here to work and build a life for themselves to deal with this kind of a law, but hopefully it helps weed out the corporations that abuse the availbility of immigrant labor.

I haven't read the bill in it's entirety, but, in my opinion, the only way it would work is to punish the businesses caught hiring/employing illegal immigrants as well as the immigrants themselves. we have to hold ourselves and our businesses accountable.

And, i've said this before, if you are someone who agrees that illegal immigrants are criminals, you wouldn't want to support an operation that hired active criminals, would you? To buy is to vote.

If you're railing about illegals and you go to a restaurant and you buy a salad and the guy who made your salad is an illegal immigrant, then your a hypocrite. Sorry, you're just going to have to do your research. Likewise, you might want to make sure the guys landscaping your lawn or painting your house or picking your fruit aren't illegal. it's the companies that hire these people who are to blame. the companies who tell them "oh no, it's ok, we'll get you a SS# and you'll be fine, just get on this bus from mexico and come work in our meat-packing plant". this is the real evil.

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Posted by araehunter on 05/16/2011 at 4:32 PM

I think calling illegal immigrants criminal is not a good characterization of them as a group or of the greater issue. True many resort to that in order to short circuit any discussion of the need for immigration reform.

Fact is the U.S. has a birth rate below the replacement levels needed. Capitalism (and social security) also depends not just on replacement but on growth. The U.S. needs immigrants. And the current quotas are not high enough. For many years, years before Reagan's amnesty we have had "illegal immigrants." Until recently being here without papers was treated more like Jaywalking. Certainly driving without a license, fishing without a license, jaywalking, being under the influence in public (not driving) or bicycling without a helmet was not treated as a deportable offense.

Employers who take advantage of undocumented workers should be sought out - but this Everify provision is not focused on that - frankly I'm not even sure how widespread the practice of enticing immigrants to come here is.

In Metro Atlanta immigrants came here on there own at great risk to their lives, they came here without a job and looked for it once they got here. Most of these employers are not abusing workers. They also usually get their own social security number, companies don't provide it.

These immigrants get lower level jobs, no unemployment benefits and ultimate not much leverage. However they are here willingly and they are able to live on the money they make and send home some funds to loved ones.

tightening the ability for restaurants or other employers from hiring undocumented workers means some who have been here a lifetime or since they are children can no longer get job - so though they've been model people, hard workers, taxpayers for 5, 10, 15 years they now are being starved out. Their employers are not evil.

We need immigrants and they need us. Its really a win win situation. Yet instead we do stuff like this.

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Posted by InAtl on 05/16/2011 at 4:52 PM

This bill will be good for GA, and hats off to our legislatures putting in e-verify! This is a huge win that even our current TOTUS supports.

Prepare for unemployment percents to drop.

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Posted by PistolPete on 05/16/2011 at 5:29 PM

Why is it that every time these immigration bills are covered by the media, they are always referred to as controversial immigration bills? I'm sorry, but the only people who find these bills to be controversial are illegal aliens and their supporters, who are in the distinct minority among the general public. The overwhelming majority of Americans support these bills. The argument that the federal government is, in actuality, doing a competent or sufficient job of enforcing the border has to be the joke of the century. Hats off to Deal and the Georgia legislature for passing this law. The rest of America stands with you. A nation that cannot or will not enforce its border will not stand.

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Posted by sunnyside on 05/16/2011 at 9:53 PM

sunnyside - Nice! people like you just make me shake my head - or think yep another drone that's part of the problem.
Thanks for waiving your magic wand and unilaterally deciding that this issue is only opposed by a small fringe group. Yup the Catholic Church is a small fringe group.

I'll tell you another thing - the majority of America thanks to the misleading message by politicians also think that these immigrants could have come here legally if they had tried to and that they are not paying taxes. both of which we know is false.

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Posted by InAtl on 05/17/2011 at 9:52 AM

"Not being abused? http://www.hstoday.us/channels/dhs/single-…"

To add to the above and the stairwell incident, and driving with a broken tailight - no sure law enforcement rarely abuses the system.

"White and Ennis did not take part in the shooting, but Gwinnett County Assistant District Attorney Mike McDaniel alleged that they did not tell police the truth about what happened. McDaniel said he is not sure yet what charges they will face, but it won't be murder or manslaughter. .. more likely be related to withholding information from police.

White and Ennis were 14-year-old students at Richards Middle School in Lawrenceville ... "

http://www.ajc.com/news/gwinnett/murder-ch…

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Posted by InAtl on 05/17/2011 at 4:06 PM

I have no problem with the Mexicans. They do the work that blacks simply will not do any more. I say bring more of them to keep my estate in good order.

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Posted by ATLXPAT on 05/17/2011 at 4:32 PM
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