AG Strange Joins Lawsuit Challenging President’s Executive Order on Immigration
MONTGOMERY –Attorney General Luther Strange joined a lawsuit filed by Texas challenging the President’s recent immigration actions as unconstitutional and illegal. The lawsuit deals with a November 20 executive order and Department of Homeland Security directive that unilaterally suspended immigration laws as applied to millions of undocumented immigrants in the United States.
“This lawsuit is not about immigration. It is about the rule of law, presidential power, and the enforcement of the U.S. Constitution,” the complaint asserts. By his own action and contrary to laws passed by Congress, the President “issued a directive that legalizes the presence of approximately 40 percent of the known undocumented immigrant population, and affords them legal rights and benefits…That unilateral suspension of the Nation’s immigration laws is unlawful.”
“I want to thank Attorney General Abbott for leading this effort,” said Attorney General Strange. “I am proud to stand with my friends in Texas in this important case regarding the rule of law.” The lawsuit, Texas v. U.S., was filed in the U.S. District Court for the Southern District of Texas. Texas was joined by the States of Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, Nebraska, South Carolina, South Dakota, West Virginia, Utah and Wisconsin; and the Governors of Idaho, Maine, Mississippi and North Carolina.
“The President is obligated by the United States Constitution to ‘take Care that the Laws be faithfully executed’—to uphold and enforce the laws passed by Congress,” said Attorney General Strange. “Instead, he has claimed a prosecutorial discretion that simply does not exist, as an excuse to change the law himself to achieve what he wanted that has failed to gain Congressional approval. He made dramatic changes that extend legal benefits to people who are openly violating the law, without so much as the notice and opportunity for comment that is required for changes in the federal rulemaking process. These actions are unconstitutional and illegal, and will severely impact the States with increased costs for law enforcement, health care and education.”
The complaint notes that the President failed in his attempts to persuade Congress to change the law, and that he admitted numerous times in the past that he did not have authority to act on his own: “There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President,”….“[I]f this was an issue that I could do unilaterally I would have done it a long time ago…The way our system works is Congress has to pass legislation,”…..”We have certain obligations to enforce the laws that are in place…[W]e’ve kind of stretched our administrative flexibility as much as we can,”…”But if we start broadening that, then essentially I would be ignoring the law in a way that I think would be very difficult to defend legally.”
Federal Grand Jury Indicts Madison County Man for Producing and Possessing Child Pornography
BIRMINGHAM – A federal grand jury has indicted a Madison County man on multiple charges of producing child pornography, announced U.S. Attorney Joyce White Vance, Homeland Security Investigations Special Agent in Charge Raymond R. Parmer Jr. and Etowah County Sheriff Todd Entrekin.
A six-count indictment filed in U.S. District Court charges Jeremy Joseph Nelson, 42, of Huntsville, with producing child pornography between 2012 and 2014, and with possessing child pornography depicting children under age 12.
The first four counts of the indictment charge that Nelson did “use, persuade, induce, entice and coerce a minor” to engage in sexually explicit conduct so he could produce a visual depiction of the conduct. Count One states the crime took place at a Huntsville dance studio. Counts Five and Six charge Nelson with possessing child pornography on computer, computer disk or videotape.
The Alabama State Bureau of Investigation arrested Nelson in October on state charges of producing child pornography by hiding cameras in the bathrooms of three Huntsville businesses.
The maximum penalty for producing child pornography is 30 years in prison and a $250,000 fine, per count. The maximum penalty for possessing child pornography is 20 years in prison and a $250,000 fine.
The Department of Homeland Security and the Alabama SBI investigated the case, which Assistant U.S. Attorneys Jacquelyn Hutzell and Daniel Fortune are prosecuting.
Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
Homicide Investigation
The Birmingham Police Department reports that detectives are conducting a homicide investigation. The incident occurred Friday, October 31, 2014 in the 100 Block of 5th Avenue Southwest.
The victim has been identified as:
Franquita Cunningham, B/F, 49, of Birmingham, Alabama
On October 31, 2014, officers from the South Precinct responded to the incident location on a person shot call. Upon arrival, officers observed the victim suffering from what appeared to be a gunshot wound to the head area. The victim was transported to UAB hospital and immediately went into surgery.
Our investigation revealed the victim was sitting with a friend on a bed in the back bedroom watching television when they heard gunshots coming from outside. Apparently, the victim was struck in the head by a round that came from the outside through the bedroom door. Investigators found multiple shell castings outside the residence.
On Tuesday, November 25, 2014 around 740pm, the victim succumbed to her injury.
Detectives are investigating the death as a homicide.
Additional information will be released as it becomes available.
If there is anyone who has information pertaining to the case, they are encouraged to contact the B.P.D. Homicide Unit @ 254-1764 or Crime Stoppers @ 254-7777.
Homicide Investigation Update
The Birmingham Police Department reports that detectives have arrested and charged a suspect in connection with a homicide investigation. The incident occurred Saturday November 29, 2014 in the 500 Block of 11th Street SW.
The victim has been identified as:
Krystal Rodriquez, W/F, 29, of Birmingham, Alabama
The suspect has been identified as:
Brandon Cole, B/M, 29, of Birmingham, Alabama. A Murder warrant with a $75,000 bond has been obtained against the suspect. The suspect is in the custody of the Jefferson County Jail.
If there is anyone who has additional information pertaining to this case, they are encouraged to contact the B.P.D. Homicide Unit @ 254-1764 or Crime Stoppers @ 254-7777.
The Birmingham Police Department reports that detectives are conducting a homicide investigation. The incident occurred today, November 29, 2014 in the 500 Block of 11th Street SW.
The identity of the victim will be released upon notification of immediate family.
On Saturday, November 29, 2014 around 4:12 am, West Precinct officers were dispatched to the 2300 block of South Park Terrace on a domestic call. Upon arrival officers talked to the victim’s boyfriend, who stated he had been in an argument with the victim. The victim was not on the scene but at another location. The boyfriend took officers to the 500 block of 11th Street SW. Upon arriving, officers found the victim lying face down on the kitchen floor suffering from what appeared to be multiple knife wounds to the chest area. The victim was pronounced deceased by Birmingham Fire and Rescue.
Our investigation revealed the victim was involved in an altercation with her boyfriend that resulted in her death. The suspect was taken into custody and transported to the Administration building. Detectives are investigating the death as a homicide.
Additional information will be released as it becomes available.
If there is anyone who has information pertaining to the case, they are encouraged to contact the B.P.D. Homicide Unit @ 254-1764 or Crime Stoppers @ 254-7777.
