Sore Losers: Administration Retaliating Against Alabama for Winning Immigration Lawsuit

Ira Mehlman
Nov 18, 2011

The Obama administration does not want most immigration laws enforced. They’ve stated so explicitly in internal memos, letters to members of Congress, and in a public announcement of a policy shift in August. The Obama administration is not keen on anyone else enforcing immigration either. They’ve made that abundantly clear by suing three states (so far) – Arizona, Alabama and, most recently, South Carolina – for enacting laws designed to discourage illegal immigration.

Playing on the friendly turf of the 9th Circuit Court of Appeals, the administration succeeded in blocking implementation of significant portions of Arizona’s SB 1070 law. However, last month the administration found itself in a less sympathetic arena: the 11th Circuit. That court rebuffed the administration’s effort to block implementation of Alabama’s HB 56, allowing all but two provisions to take effect immediately.

The Obama administration appears unwilling to accept the verdict of the 11th Circuit and unprepared to wait for the matter to reach the U.S. Supreme Court. Instead, the administration has opted for a policy that is equal parts retribution against Alabama, and intimidation of other states contemplating their own enforcement strategies.

Earlier this month, the U.S. Department of Justice (DOJ) sent a “requestâ€