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Mayor Giuliani Announces City Has Filed Suit to Challenge Federal Welfare and Immigration Laws
Mayor's Press Office ^ | October 11, 1996 | Press Release

Posted on 05/18/2007 7:05:01 PM PDT by calcowgirl

FOR IMMEDIATE RELEASE
Date: October 11, 1996


Release #511-96
Contact: Colleen Roche (212) 788-2958 or Jack Deacy (212) 788 2969

MAYOR GIULIANI ANNOUNCES CITY HAS FILED SUIT TO CHALLENGE FEDERAL WELFARE AND IMMIGRATION LAWS

Mayor Rudolph W. Giuliani today announced that the New York City Corporation Counsel has filed a law suit against the federal government challenging two provisions of the recently enacted Federal Welfare and Immigration laws. The suit contends that these laws are unconstitutional on the grounds that they violate the Tenth Amendment of the United States Constitution by invalidating New York City's "Executive Order 124."

"I believe the anti-immigration movement in America is one of our most serious public problems," Mayor Giuliani said. "And Washington is only making the problem worse. I am speaking out and filing this action because I believe that a threat to immigration can be a threat to the future of our country. Just as they did in years past, immigrants today revitalize and reinvigorate the culture and economy of our cities and states."

The suit filed today is an action for declaratory and injunctive relief challenging two federal statutory provisions that encroach on the power of the City of New York to determine policies to ensure public health and safety and regulate its workforce. These provisions prohibit the City from continuing its well-considered policy, embodied in Executive Order 124 and enacted under former Mayor Edward I. Koch.

Executive Order 124 bars City employees from disclosing to federal immigration authorities the immigration status of aliens who come to their attention, unless required to do so by law, and more specifically barring the New York City Police Department from reporting the immigration status of victims of crime.

The suit contends that the reasons for this policy are evident. Undocumented aliens who are witnesses to or victims of crime must not be deterred from coming forward for fear of deportation, nor should undocumented aliens who are infected with contagious disease be deterred from seeking treatment, nor should undocumented alien children be afraid to attend public schools and forfeit their right to an education. The safety and public health of the entire City are dependent on all residents, regardless of their immigration status, cooperating with the government and securing government services to which they are entitled. The federal statutes at issue prohibit the City from continuing this particular policy and thus require the City to allow its officials to provide information on the immigration status of aliens to the Immigration and Naturalization Service.

The City's lawsuit also contends that the Federal laws together prohibit States and local government entities and their officials from prohibiting such entities and officials from sending information to the INS regarding the immigration status of an alien in the United States. It further charges that these provisions run afoul of principles of federalism and the Tenth Amendment and Guarantee clause of the United States Constitution because (1) they directly prohibit States and localities from engaging in the central sovereign process of passing laws of otherwise determining policy; and (2) they usurp States' and local governments' administration of core functions of government, including the provision of police protection and regulation of their own workforces, in a statute that is not of general applicability.


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Arizona; US: California; US: New Mexico
KEYWORDS: aliens; giuliani; giulianitruthfile; illegalimmigration; immigrantlist

1 posted on 05/18/2007 7:05:03 PM PDT by calcowgirl
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To: calcowgirl

Yeah, he sounds like the candidate I want.


2 posted on 05/18/2007 7:07:46 PM PDT by WorkingClassFilth (Current tagline banned under hate speech laws.)
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To: calcowgirl

Mayor Giuliani is serving a big ol’ Pander Pie to get votes.


3 posted on 05/18/2007 7:09:19 PM PDT by Dumpster Baby ("Hope somebody finds me before the rats do .....")
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To: calcowgirl

Just another nail in Rudy’s conservative ‘coffin’.

He is SO not getting the Republican nomination. If he does, I’m leaving the party after all these years! Rudy does NOT represent conservatives. Period.


4 posted on 05/18/2007 7:10:24 PM PDT by pillut48 (CJ in TX --Bible Thumper and Proud! RUN, FRED, RUN!!!)
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To: calcowgirl

Yep, nothing has changed since 1996.


5 posted on 05/18/2007 7:11:22 PM PDT by Rudder
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To: calcowgirl

The most important issue is not even listed on his campaign site

http://www.joinrudy2008.com/index.php?section=2

Yep, he wants AMNESTY


6 posted on 05/18/2007 7:12:03 PM PDT by LFOD777 (In 2006, Washington spent $2.7 Trillion and ran a $248 billion budget deficit.)
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To: calcowgirl

Yep, they are counting on the illegal Mexican vote.


7 posted on 05/18/2007 7:14:28 PM PDT by freekitty
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To: LFOD777

Every time I read Rudy’s web page on “issues,” I conclude it had to be written by a middle-school student.

It’s a bunch of shallow fluff.


8 posted on 05/18/2007 7:17:07 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl

I just visited his site for the first time. It is weak.


9 posted on 05/18/2007 7:33:28 PM PDT by monkapotamus
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To: Dumpster Baby
Mayor Giuliani is serving a big ol’ Pander Pie to get votes.

He can pander all he wants. But this will so enrage the base that he'll never get the nomination. These RINOs never learn.

10 posted on 05/18/2007 8:00:21 PM PDT by Schatze (It's better to keep your mouth shut and appear stupid than to open it and remove all doubt.)
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To: monkapotamus

Rudy is a joke... so is romney.


11 posted on 05/18/2007 8:09:19 PM PDT by BigTom85 (Proud Gun Owner and Member of NRA)
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“But this will so enrage the base that he’ll never get the nomination.”

Now that’s funny!


12 posted on 05/18/2007 9:00:28 PM PDT by CTSeditor
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To: LFOD777

Heh, you think this article is something? Read these:

http://www.freerepublic.com/focus/f-news/1820904/posts

http://www.freerepublic.com/focus/f-news/1821452/posts

http://www.freerepublic.com/focus/f-news/1821452/posts

http://www.freerepublic.com/focus/f-news/1820880/posts

He certainly has a habit of ignoring laws he doesn’t like...


13 posted on 05/19/2007 9:33:30 AM PDT by Ultra Sonic 007 (Why vote for Duncan Hunter in 2008? Look at my profile.)
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To: freekitty
All politicians respect illegals more than they do our own citizens. The Democrats can afford to do this because they have all the liberal and uneducated voters votes locked in. Just look for a Third Party candidate or a fill in for a Conservative in this election. Odds are 60/40 Democrat goes in White House.
14 posted on 05/20/2007 1:56:10 PM PDT by gunnedah
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To: calcowgirl

Recognizing the fact that this is a conservative forum (as opposed to a Republic forum) I imagine the majority of both conservatives AND Republicans are as appalled by this candidacy as I am. Surely there must be some mechanism that allows Giuliani to be tossed out of the party? Isn’t the whole point of a political party to leverage our political platform with like-minded souls? Yet Giuliani could hardly be more OUT OF SYNC with that platform.

I understand this could make for an ugly fight and that it would send the DBM into a feeding frenzy. Nonetheless, wouldn’t we be better off having such a fight NOW rather than on the convention floor next year in St. Paul?

I dunno. Maybe this is just a pipedream. But it seems that the time is now for out-of-the-box thinking. Are there any experts here on GOP by-laws?


15 posted on 05/20/2007 3:40:18 PM PDT by California Desert Rat
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To: All

BTTT


16 posted on 05/20/2007 3:47:35 PM PDT by Liz (Rudy Giuliani: Guinness World Record for Having The Most Positions on Abortion.)
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