Thread: AL to Appeals Court- no reason to block state's immigration

Alabama tells appeals court there is no reason to block state's immigration law

Published: Tuesday, October 11, 2011, 2:39 PM Updated: Tuesday, October 11, 2011, 3:32 PM

ATLANTA, Georgia -- Alabama attorneys this afternoon urged a federal appeals court not to grant a Justice Department request to stay the state's immigration law.

The 46-page filing is in response to requests made Friday by the U.S. Justice Department and a group of 36 plaintiffs who want the Atlanta-based 11th Circuit Court of Appeals to stay the law while their appeal of the judge's order, which mostly upholds the law, is pending.

In today's filing, Alabama Attorney General Luther Strange argues illegal immigrants are taking jobs from U.S. citizens and others authorized to work in the U.S., that it is difficult to collect taxes from them and that illegal immigrants make up a "substantial" part of the state's prison population.

The filing argues that the law does not infringe on the federal government's lead role in immigration enforcement, as the Justice Department argues, but instead helps ensure federal immigration law is respected.

"The Plaintiffs contend, however, that Alabama has no room to act in the area of immigration, even to gather information or to cooperate with federal officials," the filing argues. "They claim that the inaction of the Executive Branch -- not the directives of Congress -- preempts state action. The mantra of the Department of Justice is 'If we ignore the law, States, so must you -- and you also must bear the costs thereof.'"

Alabama Gov. Robert Bentley signed the far-reaching immigration measure into law in June. The plaintiffs and the Justice Department both sued to block it before it went into effect Sept. 1.

Those efforts to block the law were generally rejected by U.S. District Court Judge Sharon Lovelace Blackburn Sept. 28. The law went into effect the next day.

The judge let stand measures requiring people to carry proof they have the right to be in the U.S.; directing police to check the immigration status of drivers involved in traffic stops and arrests; barring entering contracts with illegal immigrants; requiring schools to check the immigration status of enrollees and prohibiting illegal immigrants from entering into business transactions with state and local government.

The plaintiffs are appealing Blackburn's ruling and want the 11th Circuit to temporarily stay the law until it rules on the appeal.

The Department of Justice has argued it has exclusive authority over immigration law and states cannot develop a "patchwork" immigration system across the U.S.

Also, as the Associated Press has reported, a staff attorney for the Alabama Administrative Office of Courts is advising local magistrates that the immigration law does not appear to require people be detained, while immigration status is being checked if they are arrested for failure to carry a driver's license.

The opinion notes that Judge Blackburn said the law does not explicity require that a person arrested for lack of driver's license be detained during the verfication check. It finds that there is no requirement that the law enforcement officer hold the defendant in jail until they can go before a magistrate. The law does require they be taken before the "nearest and most accessible magistrate."

The opinion suggests the "safest practice" is for the magistrate to set a signature bond - a non-cash promise they will appear for their court date. The opinion finds that the law does not require the magistrate to conduct the immigration status check.

AOC also advises that it is still studying the law.

The plaintiffs have until 10 a.m. Wednesday to file a response to the state's arguments.

Alabama's Reply to the U.S.'s Request for Injuction Re: Immigration Law
All 51 pages at the link.
http://blog.al.com/breaking/2011/10/ala ... rt_th.html

Obama wants this law squashed quickly because the longer it stays in effect the more states will see it works and works well America's Voice a open borders pro-illegal site is Seething over this law in Alabama!

Ha! Ha!

In Alabama, the stakeholders' voices have been heard. Stakeholders being the taxpayer that finance the ObamaNation of the U.S.

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