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Saturday, October 07, 2006

Judge ignores Constitution; draws rebuke.

The Constitution is the basis of ALL of our laws. In fact, that the Constitution is the SUPREME law of the land is without question; it is so stated in that very document. As such, in matters relating to immigration, the Constitution gives the federal government exclusive jurisdiction. No state of the Union has ANY inflence in that exclusive sphere. So it is very troubling that a state judge took matters into her hand and attempted to insert herself in federal immigration matters. It is also troubling that the same judge managed to violate the Constitutions of both the U. S. and our Commonwealth by holding people without bond (when only capital offenses, such as murder are reserved for such treatment) and denying them their constitutional right to counsel. Some "fortunate" ones were given probation, but told to leave Kentucky within 72 hrs. as a condition of that probation. I happen to be frustrated, just as many others are, by the ineptitude displayed by Congress in dealing with their constitutional duty to solve the immigration mess, so I share the judge's obvious frustrations. Frustrated though anyone may be, it is important to remember that we are a nation of laws and must therefore apply the laws equally to ALL persons. The judge stated she took the drastic actions because she "had little information about the [defendants'] residency status [sic]" (presumably the judge needed to know their residency statuses because their Mexican ancestry suggested they must be illegal immigrants!), but it was not the judge's place to ask about any residency statuses as she was not an immigration official -- moreover, I'm certain the judge did not ask the same questions of other non-Mexicans!! Mind you I am not suggesting that anything racial happened. I know the judge and I have no reason to suspect that she'll tolerate anything racial in her court. I'm concerned, however, that the judge should have only focused on the cases before her and applied the relevant state law to the facts of those cases, rather than risk violating the constitution she swore to uphold in order to solve an imagined FEDERAL immigration problem. So kudos to judge Gill who righted these wrongs and released the detainees. Taking the laws into our own hands to deny the same to some, on the mere suspicion that they may be illegal because of their visible and immutable ancestral traits as the judge has done, suggests to many that our constitution and laws are to be flouted at will. This is no different from Congress' ineptitude on immigration suggesting to the illegal immigrants, who frustrate us as they break our immigration laws, that we are a nation of laws in principle only -- and not in practice.

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