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Obama Judge: Mexican Border Fence May Have “Disparate Impact” on Minorities
Judicial Watch ^ | March 20, 2014

Posted on 03/20/2014 10:29:32 AM PDT by jazusamo

A Homeland Security initiative to put fencing along the U.S.-Mexico border could discriminate against minorities, according to an Obama-appointed federal judge who’s ruled that the congressionally-approved project may have a “disparate impact on lower-income minority communities.”

This of course means that protecting the porous—and increasingly violent—southern border is politically incorrect. At least that’s what the public college professor at the center of the case is working to prove and this month she got help from a sympathetic federal judge. Denise Gilman, a clinical professor at the taxpayer-funded University of Texas-Austin, is researching the “human rights impact” of erecting a barrier to protect the U.S. from terrorists, illegal immigrants, drug traffickers and other serious threats.

A 2006 federal law orders the construction of fencing or a wall along the most vulnerable portions of the nearly 2,000-mile southern border. This includes reinforced fencing along 700 miles of the southwest border with the Department of Homeland Security (DHS) determining the exact spots. Professor Gilman wants the identities of the landowners in the planned construction site to shed light on the impact the fencing will have on indigenous, minority and low-income communities. The feds refused to provide the information, asserting that it’s private.

The professor sued in federal court arguing that the public interest in how the fence will impact landowners outweighed any privacy concerns. The data will allow the public to analyze whether the government is treating property owners equally and fairly or whether the wall is being built in such a way that it disadvantages “minority property owners,” according to the professor. It will also help the public understand the actual dimensions of the wall and decisions related to where it’s placed.

Judge Beryl Howell, appointed to the U.S. District Court for the District of Columbia by President Obama in 2010, agreed that the public interest is significant. Her 37-page ruling also seems to indicate that she bought the discrimination argument. “Revealing the identities of landowners in the wall’s planned construction site may shed light on the impact on indigenous communities, the disparate impact on lower-income minority communities, and the practices of private contractors,” Howell wrote.

This is simply the latest controversy to strike the border fence project since Congress approved it to protect national security and curb an illegal immigration and drug-trafficking crisis. In the last few years the mayors of several Texas border towns have blocked federal access to areas where the fence is scheduled to be built, an Indian tribe tried to block the barrier in the Arizona desert by claiming the feds were intruding on tribal land and a group of government scientists claimed the fencing would threaten the black bear population.

Last summer Mexican officials expressed public outrage over U.S. efforts to secure the southern border, calling it a human rights violation and an “unfriendly act.” The fact is, a number of government reports have confirmed that it’s not just Mexicans crossing into the U.S. seeking a better life. In 2010 DHS warned Texas law enforcement agencies that a renowned Al Qaeda terrorist was planning to sneak into the U.S. through Mexico. That same year a veteran federal agent accused the government of covering up the growing threat created by Middle Eastern terrorists entering the country through the vulnerable Mexican border.

Violent crime in the region has been well documented with heavily armed Mexican drug cartels taking over chunks of land that serve as routes to move cargo north. In fact, a few years ago a State Department report exposed a “dramatic increase in violence” along the Mexican border and warned of “violent attacks and persistent security concerns” in the area. The document also lists tens of thousands of narcotics-related murders attributed to sophisticated and heavily armed drug cartels competing with each other for trafficking routes into the U.S.


TOPICS: Crime/Corruption; Culture/Society; Government; Mexico; News/Current Events
KEYWORDS: aliens; amnesty; borderfence; corruption; illegals; immigration; judgeberylhowell; obama
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Judges like this one are destroying us from within by legislating from the bench.
1 posted on 03/20/2014 10:29:33 AM PDT by jazusamo
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To: jazusamo
Pretty soon the decision whether or not to go to war will depend upon the war's impact on minorities.

This judge needs medical attention.

2 posted on 03/20/2014 10:31:37 AM PDT by skeeter
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To: jazusamo

He was talking about displaced minorities in the U. S. right?

That would be my counter. We have 25% of Blacks out of work, and you’re focusing on Mexican minorities? Really?


3 posted on 03/20/2014 10:34:33 AM PDT by DoughtyOne (Immigration Reform is job NONE. It isn't even the leading issue with Hipanics. Enforce our laws.)
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To: skeeter

Agreed, a shrink and rubber room would be appropriate.


4 posted on 03/20/2014 10:35:18 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

The Judge has a point, in that fences are just that, fences.

Fences with manned machine gun nests every 150 yards leave no doubt as to why they are there.

The Machine gun nests are the spines in the US/Mexican Border “Cactus Curtain.”


5 posted on 03/20/2014 10:35:39 AM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: jazusamo
Putting locks on your doors may discriminate against burglers.
6 posted on 03/20/2014 10:35:57 AM PDT by beelzepug (if any alphabets are watchin', I'll be coming home right after the meetin')
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To: jazusamo

FUJUDGE, FUJUDGE.

Where’d ya get your law degree, from Harvard?


7 posted on 03/20/2014 10:36:36 AM PDT by Da Coyote
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To: jazusamo

So we are disparaging our minorities from leaving the US?
There are openings in the fence Judge. It’s called a Border Crossing that most law abiding individuals use. The monetary factor maybe intimidating as it used to cost 1 US Penny to cross. It may have risen with inflation. Last time I crossed was in 1972. Does anyone have info regarding the freeholes in the fence? I may want to save some money if I decide to return.


8 posted on 03/20/2014 10:38:42 AM PDT by DocJhn
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To: jazusamo

Frickin Irish and Welsh ....

If they could only find opportunities on their plot of land.

It’s not like they live on an island with no resources or anything .....


9 posted on 03/20/2014 10:39:50 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: jazusamo

10 posted on 03/20/2014 10:40:52 AM PDT by ZirconEncrustedTweezers (I'm not anti-government, government's anti-me.)
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To: Graewoulf
The Judge has a point, in that fences are just that, fences. Fences with manned machine gun nests every 150 yards leave no doubt as to why they are there.

"Obstacles which are not covered by observation and direct fire are only an annoyance to the enemy"

11 posted on 03/20/2014 10:40:59 AM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: jazusamo

Sometimes the satire just writes itself.


12 posted on 03/20/2014 10:41:25 AM PDT by AD from SpringBay (http://jonah2eight.blogspot.com/)
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To: jazusamo

Well, duh!
That’s why it’s supposed to be built in the first place!.................


13 posted on 03/20/2014 10:41:47 AM PDT by Red Badger (LIberal is an oxymoron......................)
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To: jazusamo

Amazing the ancient Chinese constructed a 5,500-mile wall on their border, yet this country can’t even construct a respectable one on ITS border.


14 posted on 03/20/2014 10:46:47 AM PDT by ScottinVA (Obama is so far in over his head, even his ears are beneath the water level.)
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To: jazusamo

That is the intention. If you are illegal you do not belong here. Go home. There is no discrimination. The judge is a complete liberal idiot.


15 posted on 03/20/2014 10:56:40 AM PDT by mulligan (I)
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To: jazusamo

Does this mean that judges are immune from Treason?


16 posted on 03/20/2014 11:00:20 AM PDT by PATRIOT1876
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To: jazusamo

Judge should be ignored or removed from the bench.


17 posted on 03/20/2014 11:02:37 AM PDT by ZULU (Si vis pacem, para bellum)
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To: jazusamo

It will have a disproportionate impact on criminals, but since criminals are a majority in the Democrat party, a reasonable person would conclude it helps minorities.


18 posted on 03/20/2014 11:02:55 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: jazusamo

Looking for the “Satire” keyword, goes away disappointed.


19 posted on 03/20/2014 11:04:39 AM PDT by dfwgator
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To: ScottinVA

“Amazing the ancient Chinese constructed a 5,500-mile wall on their border, yet this country can’t even construct a respectable one on ITS border.”

The Chinese were attempting to keep others out; our government has made it clear it wants no such thing. The wealth transfer (via remittances) is a vital part of Mexico’s economy, and brings a measure of stability to a government that would be overturned in days if money from north of the border stopped flowing. Our government wants the Mexicans here to keep housing and school seats occupied; if they contribute to the tax base or social security that would merely be an added bonus (at this point they don’t). Our government and corporations are bending over backwards to accommodate the disolution of the border. At a time when terrorist threats have caused banking and the issuance of drivers’ licenses to come under greater scrutiny, we’re basically issuing them licenses and permitting them to easily transfer money across the border.


20 posted on 03/20/2014 11:08:51 AM PDT by kearnyirish2 (Affirmative action is economic war against white males (and therefore white families).)
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To: jazusamo
Obama Judge: Mexican Border Fence May Have “Disparate Impact” on Minorities

D'UH!!!

Only, by definition, the criminal illegal ones!
Doofus!

21 posted on 03/20/2014 11:09:00 AM PDT by publius911 ( At least Nixon had the good g race to resign!)
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To: jazusamo

Certainly, the fence would discriminate against minorities.

LAWBREAKING, ILLEGAL ALIEN minorities.

But minorities, to be sure.

If the criminals become the MAJORITY will they have to stop discriminating against us?


22 posted on 03/20/2014 11:12:18 AM PDT by LucianOfSamasota (Tanstaafl - its not just for breakfast anymore...)
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So it will affect minorities. The real important question is what effect will this have on women?


23 posted on 03/20/2014 11:13:25 AM PDT by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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To: jazusamo
Soon enough of the Mexican nation will live and work north of the border that the countries will effectively comprise one merged state.

In the new hard-left Amerexico, the border fence will have the same status as the Berlin Wall - a “sad legacy of past oppression”. Children will take museum field trips to the remaining segments to learn of the evils of “racism” and “xenophobia”

24 posted on 03/20/2014 11:13:55 AM PDT by Dagnabitt (Amnesty is Treason. Its agents are Traitors.)
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To: publius911

This guy must be

Judge Obvious -

the judicial equivalent of the good Captain.


25 posted on 03/20/2014 11:15:17 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: jazusamo

I had to double check to make sure this wasn’t satire...


26 posted on 03/20/2014 11:17:56 AM PDT by Dead Corpse (Tre Norner eg ber, binde til rota...)
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To: jazusamo

Discrimination against minorities is the whole issue, judge.

Why don’t you go hear some lawsuit against suntan lotion companies discriminating against minority customers while you are at it.

idiot.


27 posted on 03/20/2014 11:21:54 AM PDT by bestintxas (Every time a RINO bites the dust a founding father gets his wings.)
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To: dfwgator; Dead Corpse; John Semmens

I understand about the satire thing, this is something that John could have written and wish it had been.


28 posted on 03/20/2014 11:23:21 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: bestintxas

I wonder what the good judge has to say about the 10% tax on tanning salons...


29 posted on 03/20/2014 11:23:44 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: jazusamo

So they want to put up a fence that only keeps out white people?


30 posted on 03/20/2014 12:07:25 PM PDT by Pietro
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To: jazusamo

This is what happens when too many invaders are allowed in a country.


31 posted on 03/20/2014 12:09:42 PM PDT by grania
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To: jazusamo

Disparate effect is the purpose.

The fence discriminates between Americans and non Americans


32 posted on 03/20/2014 12:10:14 PM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: Dagnabitt
Soon enough of the Mexican nation will live and work north of the border that the countries will effectively comprise one merged state.

That's why Obamas response to the current Ukraine affair has been so week. It has set the stage for the annexation of a good chunk of the US because the “people” will demand it and they have a right to self determination.

33 posted on 03/20/2014 12:13:17 PM PDT by usurper (Liberals GET OFF MY LAWN)
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To: jazusamo
"...could discriminate against minorities..."

I've noticed that for the past couple decades, the rest of us are nothing but sh!t. Nobody ever considers the MAJORITY of Americans, only the "special" groups.

34 posted on 03/20/2014 12:31:20 PM PDT by Mich Patriot (PITCH BLACK is the new "transparent")
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To: Mich Patriot

You’re correct, the leftist activists have been successful in their crusade.


35 posted on 03/20/2014 12:42:29 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ...
Ping!

Click the keyword Aliens to see more illegal alien, border security, and other related threads.

36 posted on 03/20/2014 12:43:27 PM PDT by HiJinx (Borders, Language, Culture)
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To: HiJinx

I’ve always pointed out that where we are going with race discrimination laws is to a suicidal endpoint: the Border itself will be declared discrimination.

So, they’re 99% of the way there with this one.

Invasion will now become a Civil Right....as long as the Invaders are non-White.

It would be Racist to Resist.

And we all know where the criminal alien known as Eric Holder comes down on this one.


37 posted on 03/20/2014 12:49:05 PM PDT by Regulator
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To: jazusamo

Wait, this isn’t from the Onion?


38 posted on 03/20/2014 12:50:22 PM PDT by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: jazusamo
Mexico needs to shut it. Seriously.

At the same time Mexico laments USA building a border wall, Mexico is busy building it's own border wall between itself and Guatemala. Mexico is brutal in their own treatment of immigrants, illegal or not, yet they publish and distribute, on and off-line, a handbook dedicated to helping Mexican nationals cross the USA border illegally (Guía del Migrante Mexicano) and raise official protests at every opportunity to promote special privileges for their illegals residing in the USA.

Let's look at how Mexico treats their legal immigrants:

a) immigrants must have the financial wherewithal to support themselves and their dependents at all times or they are deported.
b) immigrants must be of a desirable occupation that contributes to “national progress” or they are deported.
c) if the ethnicity of a immigrant would “upset” demographics, they are deported.
d) immigrants must be “physically and mentally healthy” or they are deported.
e) immigrants are forbidden from running for office or “interfering” in politics. The penalty for doing so is deportation.
f) illegal immigrants or immigrants found to have broken any law are subject to immediate deportation including seizure of all assets without due process.
g) Immigrants, and their homes, are subject to search at any time for any reason.
h) Mexican border guards are well known for brutalizing illegals; rape and murder is not uncommon.
i) immigrants are restricted in what property they can legally own. For instance, they cannot own ocean-front property or even ocean-view property; only Mexican nationals can own that.
j) Detailed records must be kept on each immigrant and updated regularly by local authorities (constant surveillance).
K) Mexico reserves the right to close their borders to all immigrants at any time in the name of “national interest.”

Contrast that to how the USA treats illegals.

An interesting article, linked below, details how Mexico seeks to keep their immigrants loyal to Mexico, while insisting on a myriad of benefits while domiciled in the USA:
http://www.city-journal.org/html/15_4_mexico.html

39 posted on 03/20/2014 12:53:39 PM PDT by blueplum
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To: jazusamo

Th whole silly notion of “disparate impact” is being used as a battering ram to tear down whats left of Western Civilization.


40 posted on 03/20/2014 12:54:37 PM PDT by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: jazusamo

Yet another article that I immediately checked for an Onion by line on. It’s getting harder and harder to tell the real stories from the satire...


41 posted on 03/20/2014 1:01:55 PM PDT by Desron13
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To: jazusamo
Substitute ‘minorities’ with ‘illegals’ and the judge is being truthful.
42 posted on 03/20/2014 1:04:26 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: Regulator

It pains me to admit you’re probably right with a ‘99% there’ assessment.

It used to be that we did not have a problem here on the AZ Border with resident illegals. They just kept on moving ‘inland’. That has changed, and that should be a telling observation to those willing to listen. Read. Whatever.


43 posted on 03/20/2014 1:16:01 PM PDT by HiJinx (Borders, Language, Culture)
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To: HiJinx

The news about everything is so horrible...

Every judge could (SHOULD) be thrown out and replaced with any random person and we’d be much better off.


44 posted on 03/20/2014 1:16:09 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: blueplum

I would guess Mexico encourages illegal immigration to the states because of money sent back to relatives in Mexico, it has to be a large amount.


45 posted on 03/20/2014 1:21:35 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

I heard here that it was in the neighborhood of $23,000,000,000 in 2012.

Nice neighborhood, if the neighbors will let you in...


46 posted on 03/20/2014 4:41:07 PM PDT by HiJinx (Borders, Language, Culture)
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To: HiJinx

Yep, that’s a tidy sum.


47 posted on 03/20/2014 4:51:38 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

There are some federal judges that need to be retired


48 posted on 03/20/2014 6:50:44 PM PDT by Some Fat Guy in L.A. (Still bitterly clinging to rational thought despite it's unfashionability)
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To: jazusamo

The only persons the fence has a disparate impact on are foreigners violating our laws. This judge is having a disparate impact on We The People whom she swore to serve! She is facilitating crime!


49 posted on 03/21/2014 12:26:20 AM PDT by Ray76 (Profit from the mistakes of others, you'll never live long enough to make them all yourself.)
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To: jazusamo

Well if persons in the “lower-income minority communities” she’s so worried about don’t commit the crime of illegal entry there will be no impact whatsoever.

Disbar this fool. Throw her off the bench and disbar her.


50 posted on 03/21/2014 12:33:47 AM PDT by Ray76 (Profit from the mistakes of others, you'll never live long enough to make them all yourself.)
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