Thread: Judge says no delay for Alabama immigration law

Judge says no delay for Alabama immigration law



5:38 PM, Oct. 5, 2011 |
Written by Brian Lyman

A federal judge in Birmingham Wednesday afternoon denied requests by groups seeking to block Alabama's new immigration law while they appeal her decision allowing most its major elements to go into effect.


U.S. District Court Judge Sharon Blackburn ruled that neither the U.S. Justice Department nor a coalition of groups represented by the American Civil Liberties Union, the Southern Poverty Law Center and the National Immigration Law Center had shown they were likely to prevail on the appeal against HB 56, signed into law by Gov. Robert Bentley on June 9.


Blackburn last week allowed most portions of the law to go into effect, saying neither group had met standards for enjoining the entire law.


Blackburn also said that a brief alleging that a Montgomery Public Schools student had been asked about her immigration status was based on a "misinterpretation" of the law and "was not based on enforcement of HB 56."


The plaintiffs filed motions to stay the ruling last week, arguing the new nature of the case and the potential for harm were grounds for blocking the law while an appeal to the 11th Circuit Court of Appeals goes forward.


The Alabama Attorney General's office earlier this week asked Blackburn to reject those arguments, saying the state had a compelling interest in enforcing its law. Blackburn, echoing some of the AG office's assertions, agreed.


"Alabama has an interest in enforcing laws properly enacted by its Legislature and not likely to be found unconstitutional," she wrote. "Moreover, the public has an interest in having properly enacted valid laws enforced."


A preliminary injunction or stay would have prevented the law from going into effect while challenges to its constitutionality go forward; it would not address the constitutionality of the law itself.


Provisions that went into effect last week include:


-- Requirements for aliens to carry documentation at all times;


-- Allowing law enforcement to detain those they have "reasonable suspicion" of being in the country unlawfully. The police can only detain individuals encountered through their normal course of duties;


-- Requiring schools to collect information on the immigration status of students enrolling in school;


-- Forbidding state and local agencies from doing business with undocumented aliens.


Blackburn blocked provisions that forbade undocumented aliens from attending postsecondary educational institutions and made it a state crime to harbor, conceal or shield undocumented aliens.

http://oneoldvet.com/

www.montgomeryadvertiser.com

V-I-C-T-O-R-Y!

THANK YOU, Judge Blackburn

Added to Homepage:
http://www.alipac.us/article-6655--0-0.html

It's about time a Judge is doing the right thing. Thank you Judge Blackburn.