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09-30-2011, 11:11 PM #1
Obama administration appeals Alabama immigration law
Obama administration appeals Alabama immigration law
WASHINGTON | Fri Sep 30, 2011 6:05pm EDT
WASHINGTON (Reuters) - The Obama administration on Friday asked a federal appeals court to block Alabama's strict new anti-illegal immigration law after a federal judge allowed key portions to take effect.
U.S. District Judge Sharon Lovelace Blackburn earlier this week backed the law authorizing police to detain people suspected of being in the country illegally if they cannot produce proper documentation when stopped for any reason.
The judge also upheld a provision that permits the state to require public schools to determine the legal residency of children. Federal judges in other states have blocked similar state laws aimed at trying to stem illegal immigration.
The Justice Department filed an appeal with the U.S. Court of Appeals for the 11th Circuit, based in Atlanta, and also asked Blackburn to put her ruling on hold pending that appeal.
The administration argued that the U.S. Constitution made immigration a federal matter that "cannot be subject to a patchwork of state measures. Alabama thus has no authority to regulate in the area of immigration."
Several states have passed legislation to beef up laws to deter illegal immigrants, arguing that the Obama administration has not done enough to stop their flow into the country.
There are an estimated 11 million illegal immigrants in the United States.
Arizona adopted its own tough law but the Obama administration successfully sued to block it. Efforts to more broadly address illegal immigration in the U.S. Congress have gone nowhere.
Blackburn temporarily barred Alabama from making it a crime to knowingly transport or harbor an illegal immigrant or prohibiting illegal immigrants from attending its public colleges.
She also allowed provisions that bar illegal immigrants from commercial contracts with the state or local governments, applying for or renewing drivers' licenses and identification cards or seeking license plates.
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09-30-2011, 11:25 PM #2
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Re: Obama administration appeals Alabama immigration law
Originally Posted by Jean
Anyone have any info on them?
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10-01-2011, 12:49 AM #3
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Well looking at wikipedia, George H. W. Bush nominated Sharon Lovelace Blackburn and appointed Chief Judge Joel Fredrick Dubina. The question is which judge would rule on the appeal?
http://en.wikipedia.org/wiki/United_Sta ... th_Circuit
http://en.wikipedia.org/wiki/Sharon_Lovelace_Blackburn
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10-01-2011, 01:49 AM #4
Added to Homepage:
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10-01-2011, 02:22 AM #5
Obama administration challenges decision on Alabama immigration law
By DAVID G. SAVAGE
Tribune Washington Bureau
Published: Friday, Sep. 30, 2011 - 1:00 am
WASHINGTON -- The Obama administration is appealing a judge's decision in Alabama that upheld key parts of the nation's strictest state immigration law, including requirements for the police and school officials to question the status of persons, including children, who may be in the country illegally.
U.S. District Judge Sharon Blackburn cleared the way Wednesday for much of Alabama's new law to take effect. School officials now face the task of determining the citizenship of newly enrolled students.
Late Friday, the Justice Department filed a motion asking for the judge's decision to be put on hold temporarily so the 11th Circuit Court of Appeals in Atlanta can weigh the issue.
"Alabama has no authority to regulate in the area of immigration," the department's lawyers said. By contrast, they said, the "federal government's authority in matters of immigration is plenary and exclusive."
The government's lawyers say immigration violations are a civil matter, not a crime.
"The Alabama provisions ... make unlawful presence a criminal offense and render unlawfully present aliens a unique class who cannot lawfully obtain housing, enforce a contract, or send their children to school without fear that enrollment will be used as a tool to seek to detain and remove them and their family members," they said.
Last year, the Obama administration sued Arizona and won rulings that blocked SB 1070, its strict immigration measure. Gov. Jan Brewer appealed the issue to the Supreme Court last month.
The justices are likely to take up the case later this year to decide how far states can go to enforce the U.S. immigration laws.
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10-01-2011, 02:28 AM #6
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Originally Posted by busygirl
Thanks busygirl.
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10-01-2011, 08:58 AM #7
It seems that this is about the people that make a living as "activist" for illegal foreign nationals and the churches that have become accustomed to having their collection plates filled fighting for their own jobs and income. They are , in my opinion, the same as and no better than the employers that exploit illegals.
Plaintiffs tell judge injuries will occur if Alabama immigration law not blocked
Published: Friday, September 30, 2011, 8:24 AM
People gather in front of the Alabama State Capitol for a rally against Alabama's immigration law, Aug. 28, 2011, in Montgomery, Ala. (AP Photo/Montgomery Advertiser, Lloyd Gallman)
BIRMINGHAM, Alabama -- Plaintiffs seeking to block Alabama's immigration law asked a federal judge Thursday to keep the law from going into effect until their appeal can be heard by the 11th Circuit Court of Appeals in Atlanta.
A group of 36 plaintiffs, led by the Hispanic Interest Coalition of Alabama, or HICA, wants U.S. District Judge Sharon Lovelace Blackburn to delay the effective date of five sections of the law that she refused to block Wednesday.
Those include police authority to check immigration status during traffic stops, criminalizing the lack of documents proving legal immigration status, barring illegal immigrants from entering into contracts and barring undocumented immigrants from transacting business with state and local government.
The plaintiffs - civil rights and public health organizations, unions, illegal immigrants and others - argued in Thursday's 20-page request that they face "irreparable injury" if the law remains in place.
That includes the threat of arrest, harm to their organizations, difficulty reaching even basic agreements with businesses and housing providers, and the potential loss of basic municipal services such as water.
"It is clear that agencies throughout the state, from probate offices to water and sewer companies, are interpreting Section 30 to require them to deny services to anyone who cannot prove that they are lawfully present," reads the motion filed by HICA.
The judge has given the state until Monday morning to file a reply.
In her ruling covering the HICA lawsuit and the lawsuit filed by the U.S. Department of Justice, the judge generally rejected arguments that Alabama's entry into immigration enforcement intruded upon federal authority.
Unlike the civil rights plaintiffs, the U.S. Department of Justice filed no immediate challenge and offered no comment Thursday on Blackburn's ruling. Justice Department officials had said on Wednesday that they were considering all options.
Blackburn's ruling differed from key court decisions in Arizona and Georgia, where similar immigration laws were blocked. Blackburn determined Congress did authorize a role for the states to play in immigration enforcement, meaning Alabama's new laws did not conflict with the intent of Congress.
The Georgia case is already being considered on appeal by the 11th Circuit. Arizona's law was blocked by the 9th Circuit in California, and Arizona officials are asking the Supreme Court to hear their case.
If the 11th Circuit's opinions in either Georgia's or Alabama's case differ from the 9th Circuit's decision, the "split circuits" would raise the likelihood, several experts said, that the Supreme Court would take up the matter.
But that is some ways off. Alabama's law went into effect Thursday, and the question before Blackburn, and then the 11th Circuit if she refuses to grant a delay, is whether to leave the law in place while the challenges work through the legal system.
The judge on Wednesday also rejected a third request to block parts of the law by bishops of Alabama's Catholic, Episcopal and United Methodist churches.
The bishops' lawsuit argued that by criminalizing the harboring and transporting of illegal immigrants the state would restrict religious assembly or expression. Blackburn rejected those arguments.
The judge had said in an Aug. 24 hearing she did not think the provisions would have led to prosecutions of church members or leaders.
But she blocked that section of the law on different grounds in the ruling related to the Justice Department. She noted parts of that section of the state's immigration act went beyond a similar federal law.
The bishops had also sought to block a section that nullifies contracts knowingly entered into with illegal immigrants. But Blackburn declined to block the measure.
Archbishop Thomas J. Rodi of Mobile and Bishop Robert J. Baker, head of the Catholic Diocese of Birmingham, issued a statement saying that church involvement in the case was necessary and important.
"Most importantly the court enjoined a key part of the statute that made it illegal to conceal, transport, harbor, or encourage an illegal immigrant to stay in Alabama," they wrote. "This is the part of the law that would have criminalized many of our ministries."
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10-01-2011, 11:48 AM #8
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The plaintiffs - civil rights and public health organizations, unions, illegal immigrants and others - argued in Thursday's 20-page request that they face "irreparable injury" if the law remains in place.
That includes the threat of arrest, harm to their organizations, difficulty reaching even basic agreements with businesses and housing providers, and the potential loss of basic municipal services such as water.
These so called arguments are so weak that only the 9th Circuit would consider them. Thank God the 11th Circuit is a little more rational.....
A group of 36 plaintiffs, led by the Hispanic Interest Coalition of Alabama, or HICA, wants U.S. District Judge Sharon Lovelace Blackburn to delay the effective date of five sections of the law that she refused to block Wednesday.Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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10-01-2011, 04:43 PM #9
I hope this gets real ugly for Obama!
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10-01-2011, 09:25 PM #10
Our economy is in the cesspool, we're running out of money and this idiot insists on wasting more of our tax dollars to keep these criminals in the US?!?!?!
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Laura Loomer - Woke up this morning to a @nytimes article...
03-27-2024, 11:36 PM in General Discussion