Thread: Obama administration sues to block Alabama immigration law

WASHINGTON (Reuters) - The Obama administration on Monday sued to block enforcement of Alabama's new immigration law, widely considered to be the toughest measure in the United States to try to crack down on illegal immigrants.

The law, known as H.B. 56, was signed by Republican Governor Robert Bentley in June and is due to take effect on September 1. Civil rights groups brought a separate lawsuit challenging the law about a month ago. "If allowed to go into effect, H.B. 56's enforcement scheme will conflict with and undermine the federal government's careful balance of immigration enforcement priorities and objectives," administration lawyers said.

"The scheme will cause the detention and harassment of authorized visitors, immigrants, and citizens who do not have or carry identification documents specified by the statute, or who otherwise will be swept into the ambit of H.B. 56's enforcement-at-all-costs approach," according to the lawsuit filed in federal court in Alabama.

The administration argued that federal law preempted the state from adopting its own immigration regime and would interfere with the federal immigration system. There are an estimated 11 million illegal immigrants in the United States.

Conservatives have complained that the Obama administration has failed to sufficiently stop the flow of illegal immigrants into the country. Attempts to overhaul federal immigration policy have gone nowhere in the U.S. Congress.

Besides Alabama, Georgia, Arizona, Utah and Indiana are defending new immigration laws in federal court. The Obama administration successfully sued to block Arizona's tough law last year.

"Today's action makes clear that setting immigration policy and enforcing immigration laws is a national responsibility that cannot be addressed through a patchwork of state immigration laws," Attorney General Eric Holder said in a statement.

Alabama's law requires public schools to determine, by reviewing birth certificates or sworn affidavits, the legal residency status of students upon enrollment.

Police must also detain someone they suspect of being in the United States illegally if the person cannot produce proper documentation when stopped for any reason. That is similar to the Arizona law blocked by the courts from taking effect.

The Alabama law also would be a crime to knowingly transport or harbor someone who is in the country illegally.

The law also imposes penalties on businesses that knowingly employ someone without legal resident status, and a company's business license could be suspended or revoked. A similar Arizona law was upheld by the U.S. Supreme Court in May.

The Alabama law also requires businesses to use a database called E-Verify to confirm the immigration status of new employees.

(Reporting by James Vicini and Jeremy Pelofsky; Editing by Anthony http://www.fox4kc.com/news/politics/sns ... 3242.story

Again?? If this does not show who the moron-in-chief is looking out for, then I don't know what will. It seems that anytime states are taking steps to protect the citizens and LEGAL immigrants, this administration will do the opposite by pandering to ILLEGALS and their supporters.

Obama is pulling out all the stops now since he has shown the country he is not a leader but rather a self centered poor excuse for a president. He is going to send his drones out to try to stop anything that will upset the illegals ( or should I call them CRIMINALS) here in this country. The law suit claims the state was overstepping into the area of Federal Enforcement. If thats the case why isn't the Federal Government doing their job and upholding our constitution and enforcing the existing immigration laws that they took an oath to obey? We need to start to take the Feds to court and claim lack of support that threatens our security and safety of our communities. Do enough of that and force them to start taking action. Do that or simply ignor the Feds and sweep the state quickly, dump every illegal they can find on the doorstep of Border Patrol. Let them deal with it all. Criminals have only the right to be arrested and removed from our society. Criminals who are here legally have the right to trial and other rights....illegals are not citizens and their rights are limited to arrest and prosecution. Is high time the Feds and especially our traitor int he White House realize they need to shape up, enforce the laws and seal the borders NOW!

Bill
you are 100 right he has to go . no if but about it he has to get out
No amnesty

"Let him try!" It's over for Holder!

On June 16, 2011, the US Supreme Court overturned a US Court of Appeal ruling; and, believe it or not, reasserted not only State sovereignty but individual sovereignty as well. And we thought the government was going to hell in a hand basket! This unanimous decision, as I see it, is a major turning point, a visible shift in consciousness of the ruling elite. All things are possible. Watch for miraculous reversals in the remainder of this 9th wave.

http://www.supremecourt.gov/opinions/10pdf/09-1227.pdf

Originally Posted by AngryTX

Again?? If this does not show who the moron-in-chief is looking out for, then I don't know what will. It seems that anytime states are taking steps to protect the citizens and LEGAL immigrants, this administration will do the opposite by pandering to ILLEGALS and their supporters.

We have a completely ROGUE president!!!! This is insanity!!!

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Justice Dept. challenges tough Ala immigration law
By BOB JOHNSON, Associated Press – 4 hours ago

MONTGOMERY, Ala. (AP) — The Obama administration is challenging a new Alabama immigration law that would let police detain people stopped for traffic offenses who are suspected of being in the country illegally, a law described as one of the toughest of its kind nationwide.

The Justice Department filed a complaint Monday in federal court in Birmingham stating that the Alabama law conflicts with federal law and undermines federal immigration priorities. The federal lawsuit argues that the state law also expands the opportunities for Alabama police to push immigrants toward incarceration for various new immigration crimes.

The Alabama law, set to take effect Sept. 1, also makes it a crime to knowingly give a ride or provide shelter to an illegal immigrant. It also requires schools to report the immigration status of students. Alabama employers also would now be required to use a federal system called E-Verify to determine if new workers are in the country legally.

The Justice Department, in its filing, says a state cannot set its own immigration policy and cannot pass laws that conflict with federal immigration laws.

"To put it in terms we relate to here in Alabama, you can only have one quarterback in a football game. In immigration, the federal government is the quarterback," said Joyce Vance, U.S. Attorney for the Northern District of Alabama.

Already the law is facing mounting opposition.

On Monday, a coalition of religious leaders in Alabama filed suit, challenging the law. The lawsuit by Roman Catholic, United Methodist and Episcopal bishops says the new law "makes it a crime to follow God's command to be Good Samaritans."

Last month, a coalition of civil rights and immigrant rights groups also filed suit, seeking to bar the law from taking effect. U.S. District Judge Sharon Blackburn in Birmingham has scheduled a hearing for Aug. 24 on the request for her to stop it from being put in force Sept. 1.

The sponsor of the Alabama law, Republican state Rep. Micky Hammon, defended it Monday.

"The Obama administration and the federal bureaucrats have turned a blind eye toward the immigration issue and refuse to fulfill their constitutional duty to enforce laws already on the books. Now, they want to block our efforts to secure Alabama's borders and prevent our jobs and taxpayer dollars from disappearing into the abyss that illegal immigration causes," Hammon said.

"Allowing hundreds of thousands of illegal immigrants to run unchecked under the radar threatens our homeland security and insults those who come here legally," he added.

Among its provisions, the new law requires the public schools to determine the immigration status of its students and whether they qualify for classes in English as a second language. Opponents contend that provision could have a chilling effect by — for instance — potentially discouraging parents in the U.S. illegally from enrolling children even if those youngsters are citizens. Officials counter that the state's tough new immigration law won't prohibit any child — illegal immigrant or not — from enrolling in Alabama's public schools.

In a Department of Justice statement, Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano said immigration enforcement is the job of the federal government.

"Legislation like this diverts critical law enforcement resources from the most serious threats to public safety," Napolitano said.

The Justice Department's complaint quoted Birmingham police chief A.C. Roper as saying the law would divert scarce resources from local policing priorities to immigration enforcement.

Last year, the department obtained a preliminary injunction against an Arizona immigration law.

Cecillia Wang, director of the ACLU's Immigrants' Rights Project, said she welcomes the lawsuit by the Justice Department and by the church groups. As one of the attorneys in the civil rights lawsuits, she said the various legal challenges highlight the problems with the law passed in June by Alabama's Legislature.

"It is a law that really tramples on civil rights, civil liberties and religious freedoms in the state of Alabama," Wang said.

But others disagree.

Todd Stacy, a spokesman for Alabama Republican House Speaker Mike Hubbard, said it was disappointing that the federal government has not enforced the law on immigration.

"If the federal government wants to help it should do its job, close the border and enact serious immigration reform," Stacy said.

Associated Press writers Ted Yost in Washington and Jim Van Anglin in Montgomery contributed to this report.

http://www.google.com/hostednews/ap/art ... 8ddbaafefe

"If allowed to go into effect, H.B. 56's enforcement scheme will conflict with and undermine the federal government's careful balance of immigration enforcement priorities and objectives," administration lawyers said.

And we all know what the government's objectives are... don't we....