Thread: Federal judge refuses to block most of Alabama immigration l

Federal judge refuses to block most of Alabama immigration law (updated)

Published: Wednesday, September 28, 2011, 12:55 PM
Updated: Wednesday, September 28, 2011, 3:30 PM
By Lee Roop, The Huntsville Times The Huntsville Times
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BIRMINGHAM, Alabama -- In the latest ruling, a Birmingham federal judge this afternoon again upheld most sections of Alabama's tough new immigration law.

U.S. District Judge Sharon Lovelace Blackburn this afternoon ruled on a lawsuit filed by a coalition civil rights groups and individuals seeking to block the law.

Blackburn did block the state from barring illegal immigrants from enrolling in public universities.

In the lawsuit filed by the Hispanic Interest Coaltion of Alabama and others, Blackburn also stopped the state from enforcing two new traffic laws, which would have set up $500 fines for blocking traffic to hire workers on a street.

But she let most other sections of the 72-page law take effect.

Earlier today, in her ruling on the lawsuit filed by the U.S. Department of Justice, Blackburn refused to block a provision of the state law related to police stops and detentions of people suspected of being in the country illegally.

[Also see: UA students protest Alabama immigration law]

Similar laws in Arizona and Georgia had been blocked by other federal judges, but in her 115-page order, Blackburn disagreed with those rulings. She determined Congress has not prevented states from playing a role in immigration enforcement.

She also declined to block sections requiring schools to check the citizenship status of children and sections that would nullify contracts knowingly entered into with unauthorized aliens.

Blackburn refused to block a section making it a felony for "an alien not lawfully present in the United States" to apply for a license plate, driver's license, business license or other business license.

Blackburn agreed with the Department of Justice on just four portions of its legal challenge. Blackburn ruled the state:

» Can't stop an "unauthorized alien" from seeking work as an employee or independent contractor.

» Can't prosecute those who assist unauthorized aliens. She blocked a large section that would make it against the law to conceal, harbor, transport or encourage an illegal alien to stay in Alabama. This includes portions of the law referring to landlords.

» Can't stop businesses from deducting the wages they pay to unauthorized aliens from their state taxes.

» Can't create a new protected class of workers. The new law would have allowed workers who were fired or not hired in favor of unauthorized aliens to sue employers for discrimination.


Alabama Gov. Robert Bentley, from left, is congratulated by Sen. Scott Beason, R-Gardendale, Rep. Kerry Rich, R-Albertville, and Micky Hammon, R-Decatur, after signing into law what critics and supporters are calling the strongest bill in the nation cracking down on illegal immigration, on Thursday June 9, 2011 at the state Capitol in Montgomery, Ala. (AP Photo/Montgomery Advertiser, Mickey Welsh)

Most aspects of the law were set to go into effect Sept. 1. But in late August Blackburn issued a temporary injunction. She gave herself until today to rule on the three challenges brought by the U.S. Department of Justice, by leaders of Alabama's Catholic, Episcopal and United Methodist churches, and by a roster of civil rights groups, unions and service organizations. Immigration measures passed in Arizona, Georgia, Indiana and Utah have been blocked by the federal courts. Supporters of the Arizona law are asking the U.S. Supreme Court to take the case.

Alabama's law goes further than the other state measures and seeks to "attack every area of an illegal alien's life," according to the measure's chief sponsor, Alabama Rep. Micky Hammon, R-Decatur.

The far-reaching measure was passed this spring by Alabama's first Republican-led Legislature in more than 140 years. It includes an array of criminal and civil penalties for illegal immigrants found in Alabama and those who work with or assist them.

Legislators and attorneys for Alabama have argued the federal government has not done enough to enforce immigration law and has essentially forced Alabama to act to protect the state's economy. Alabama legislators stressed that in passing the law, they were delivering on a campaign promise.

The U.S. Justice Department has argued the law usurps the federal government's constitutionally defined role in regulating immigration. The lawsuits argue Alabama's law will lead to racial profiling, unlawful searches and detention and violations of constitutional protections of due process and equal protection.

In a third suit filed by Alabama religious leaders from the Catholic, Episcopal and United Methodist churches, the judge refused to block a ban on contracts. She did block the state from criminalizing the harboring, transporting and encouraging of illegal immigrants, a key concern of religious leaders.

Huntsville Times staff writer Brian Lawson contributed to this report.

Summary Opinion on Alabama Immigration Law http://www.scribd.com/doc/66701706/Summ ... ration-Law

http://blog.al.com/breaking/2011/09/fed ... _xxxx.html

Key parts of Ala. immigration law upheld

By Stephen Dinan
The Washington Times
Wednesday, September 28, 2011
61 Comments
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A federal judge on Wednesday said Alabama law enforcement officers can try to check the immigration status of those they suspect are in the country illegally, but blocked other parts of the state’s new crackdown law, which is considered the toughest in the country.

Judge Sharon Lovelace Blackburn generally let stand the parts of the law that allow the state to enforce its own penalties if they match already existing federal laws, such as being in the country illegally. She also upheld a provision requiring schools to determine if students are in the United States legally.

“Nothing in the text of [federal immigration law] expressly preempts states from legislating on the issue of verification of an individual’s citizenship and immigration status,â€

Major victory. Goes to the heart of Tenth Amendment rights. Momentum should build from this decision. The basic question goes to enactment of laws constant and in conjunction , within the parameters of federal law on the state level. Where the federal government cannot or will not enforce the law as written , the states have the right to enforce the law to the extent of, but not to exceed federal statutes , authority or Constitutional Limits. The danger lies in a Supreme Court that is only slightly weighted with Constitutionalist Judges , as opposed to four that would reinterpret that document towards social reconstruction.