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    Senior Member HAPPY2BME's Avatar
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    Feb 2005

    Alabama Doubles Down, Appeals Ruling on HB 56

    Alabama Asks for En Banc Review of HB 56 Ruling

    By Robyn Hagan Cain on September 12, 2012

    In Chicago, teachers are staying away from school. In Alabama, the governor wants students to stay away.

    Alabama Governor Robert Bentley announced this week that the state has filed petitions requesting en banc review of the Eleventh Circuit Court of Appeals' decisions on the Alabama immigration law, WSFA reports. The state claims that court shouldn't have nixed provisions that addressed contracting with illegal immigrants, harboring undocumented immigrants, and verifying school children's immigration statuses.

    The Eleventh Circuit Court of Appeals struck the contract provision in March, and ruled in August that the school immigration status verification provision of Alabama's HB 56 violates the Equal Protection Clause.

    The student immigration status verification provision, Section 28, requires Alabama's public elementary and secondary schools to request certain documentation from enrolling children in order to classify them as either lawfully or unlawfully present within the United States. While arguably the most controversial provision from HB 56, the state claims the measure was adopted as a cost-saving measure for Alabama public schools.

    The federal government challenged Section 28, arguing that it is preempted by 8 U.S.C. § 1643(a)(2), which provides that no federal law "may be construed as addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler v. Doe."

    Eleventh Circuit Judge Charles R. Wilson wrote in the decision, "Section 28 operates to place undocumented children, and their families, in an impossible dilemma: either admit your unlawful status outright or concede it through silence."

    Gov. Bentley, however, maintains that the states' rights should prevail. "We must protect the State of Alabama from the federal government interfering with our ability to enforce our laws ... We owe it to the people of this state to defend the U.S. Constitution and the right of our legislature to make constitutional policy choices," WSFA reports.

    source: Alabama Asks for En Banc Review of HB 56 Ruling - Immigration Law - U.S. Eleventh Circuit
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  2. #2
    Senior Member HAPPY2BME's Avatar
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    Feb 2005
    H2 Note: This is how the leftists are skewing Alabama's right to defend herself from foreign invasion.


    RELATED ..

    Alabama Gov. Bentley to Alabama Students: I Insist, Show Me Your Papers
    by: americasvoice

    Wed Sep 12, 2012 at 14:41:14 PM CDT

    Yesterday, the state of Alabama filed a motion asking the full 11th Circuit Court of Appeals to rehear arguments about the state's worst-in-the-nation anti-immigration law. The Alabama law, HB 56, made international news for targeting schoolchildren in an overzealous attempt to make their undocumented parents self-deport.

    Alabama's appeal comes after a three judge panel from the 11th Circuit ruled in August that major provisions of the law are unconstitutional, including one that the Montgomery Advertiser describes as:
    requires students to provide documentation of their birth, either through a birth certificate or a sworn statement from parents as to the child's status. If the child or parents do not provide such documentation, the student is counted unlawfully present.

    "Instead of turning its sights on Congress and pressing the need for comprehensive, federal immigration reform, Alabama's Republican leaders continue to double down on these mean-spirited policies, and waste taxpayer money on expensive lawsuits," said Lynn Tramonte, Deputy Director of America's Voice. In addition to continuing to challenge lawsuits brought to protect the Constitution from the state's overreach, a University of Alabama economist has estimated the price tag of the state's law to be a whopping $11 billion. This doesn't even get into the intangible costs to Alabama's reputation across the nation and the world, as the immigration debate there becomes a new expression of the state's ugly history on civil rights.

    Alabama's Governor Robert Bentley (R) stated yesterday:
    We are filing this based on principle. As the governor of Alabama, I have a duty to uphold and defend Alabama law. Federal courts should not restrain state governments in a way that is contrary to the U.S. Constitution.

    Tramonte responded:
    The courts have already spoken and said that these provisions of Alabama's law are unconstitutional. It seems the only 'principle' Governor Bentley is fighting to uphold is the right to ask children for their papers. Is that really the type of country we want to be?

    According to Republican presidential candidate Mitt Romney, the answer is "yes." Alabama's law was written by Romney immigration advisor Kris Kobach, and is based on the same strategy of "self-deportation" that Romney has embraced since the Republican primary. This policy was reflected in the GOP platform at the Republican convention last month, and continues to be the Party's stated position on what to do about the status of the 11 million men, women, and children currently living in America without papers. Tramonte concluded:

    Governor Bentley and Arizona Governor Jan Brewer are giving us a preview into what life would look like under Mitt Romney's self-deportation policy. It's a frightening picture of a society that pits children against their parents and neighbor against neighbor. By continuing down this path they are not only hurting their states, but also clarifying the stakes for all of us in November.

    Last edited by HAPPY2BME; 09-13-2012 at 08:34 AM.
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