Thread: Immigration hearing ends without ruling, Alabama law still

Immigration hearing ends without ruling, Alabama law still set to go into effect week from today
Published: Thursday, August 25, 2011, 10:27 AM
Updated: Thursday, August 25, 2011, 10:44 AM
By Brian Lawson,
The Huntsville Times

BIRMINGHAM, Alabama -- After a full day of legal arguments and often tough questioning of the lawyers involved, U.S. District Judge Sharon Lovelace Blackburn said Wednesday that she was not ready to decide if she'll block any of Alabama's new immigration law.

Most sections of the new law are set to go into effect a week from today.

In Birmingham on Wednesday, more than 100 people packed the courtroom and just as many crowded into the jury room to watch on closed circuit television as Blackburn heard arguments from the U.S. Department of Justice, a number of interest groups and leaders of three Alabama churches to block the law.


Hispanic protestors pray outside the federal courthouse during an all-day hearing over efforts to persuade a federal judge to block Alabama's immigration law in Birmingham, Ala., Wednesday, Aug. 24, 2011. (The Birmingham News/ Mark Almond)

Attorneys for the state told the court that the challengers failed to make the case that the law was unconstitutional or that any injury would occur to illegal immigrants and those in regular contact with them. The state argued the act was designed to mirror federal law.

When it was over, Alabama Attorney General Luther Strange said the state had a "good day" in court. He said he was especially pleased that Blackburn expressed strong reservations over First Amendment arguments offered by attorneys for leaders of Alabama's Catholic, Episcopal and United Methodist churches.

Attorney Augusta Dowd told the court that the law could lead to prosecution of church leaders and church members for providing ministry services to illegal immigrants.

The churches have said their faith calls them to reach out to all people, regardless of immigration status, and Dowd argued the law impeded the church leaders' rights to free speech, free expression of their faith and free assembly.

But Blackburn said she doubted church leaders or members would be prosecuted for church-related services. "The bishops saying it is so and believing it doesn't make it so," Blackburn said.

Outside the hearing, in the overflow area, many who wanted the law overturned wore buttons that read "Sweet Home - For Immigrants - For Everyone." But not all spectators opposed the law.

State Sen. Scott Beason, who sponsored the 72-page act, watched from the overflow room. He said the Legislature did a "tremendous amount of work" to comply with previous court rulings.

At one point, members of Alabama Dreamers for the Future - mostly students from Pelham and Hoover high schools - approached Beason. Most of the students had been brought into the country illegally when they were small and didn't know much about the country of their birth.

"I would love to go to college," said Karla Contreras, a Pelham High School student. "I don't think it's good to deny somebody who can really help this country."

The new state law expressly prohibits "an alien who is not lawfully present in the United States" from enrolling in a state university.

Meanwhile, in the hearing, Blackburn seemed skeptical of several aspects of the law, particularly parts related to assessing the citizenship status of young schoolchildren and asking local police to detain those suspected of being in the United States illegally.

Attorney William Orrick of the Justice Department argued that the U.S. Constitution and laws enacted by Congress leave the field of immigration enforcement to the federal government. He said there are ways states can cooperate in assisting enforcement, but that Alabama "may not make it impossible for someone to live in this country."

The Justice Department, in past filings, has called the law "noncooperative" and an "inflexible Alabama-specific approach."

Orrick said barring illegal immigrants from entering into contracts or renting a home is unconstitutional. He also challenged provisions related to police stops and public schools.

Alabama Solicitor General John C. Neiman told the court that the federal government's arguments advocated a dramatic expansion of power over the states. He said the Justice Department's argument means "there is nothing states like Alabama can do to ensure the rule of law is followed."

But Blackburn said plans to count illegal immigrants among schoolchildren could represent disparate treatment and may be unconstitutional on equal protection grounds.

Misty Fairbanks with the Alabama Attorney General's Office argued that efforts to collect information about student populations were within the rights of state school officials because it was only data gathering and did not restrict students' rights to an education. She said providing the information was voluntary.

Blackburn had more questions about the state's right to detain suspected illegal immigrants, as similar efforts in Arizona and Georgia have been blocked in federal court. At one point, Blackburn said it is not a crime, but rather a civil matter, to be in the United States unlawfully. She asked the state if holding a person for 80 minutes on average was a violation of the Fourth Amendment.

Blackburn also raised questions as to how officers were going to be trained to make the determination that there is reasonable suspicion. She said making such a determination quickly, without violating civil rights, would put police in a difficult position.

Cecilia Wang, an attorney for the ACLU, who spoke for a group of 36 plaintiffs, including some immigrants who entered the country illegally, said the new law fails to consider how the current immigration system works.

One of the plaintiffs entered the U.S. illegally, she said, but has been granted an adjustment of status by U.S. officials and is awaiting the paperwork. Wang said it makes no sense that the woman could be prosecuted in Alabama for a lack of proper documentation, even though the federal government is aware of her status and chooses not to prosecute her.

At the hearing, a few of the students wore graduation gowns to show that they would like to get an education.

"Our effort is not to cause problems for anyone," Beason told the students outside the hearing. But he said the state is dealing with serious problems. "Our effort is to stem the tide (of illegal immigration)," he said.

At one point Beason referenced "illegal" immigrants in an exchange with Victor Palafox, who led the discussion among the students. Palafox used the term "undocumented."

"What's right is not always popular and what's popular is not always right," said Palafox, who graduated a year ago.

Beason went outside the courthouse to pose for a photo with the group.

It was understandable that the young people were concerned, Beason said. But he stood by the new law. "Dealing with it will cause some tough decisions for folks," Beason said.

After the hearing, ACLU's Wang said the state law would catch immigrants and others who are lawfully in the United States in the "crossfire" and "that is unconstitutional." Indeed, Blackburn raised questions related to the difficulties of avoiding profiling by police.

"We are confident we are right on the law," Wang said.

Attorney Dowd, who represented the religious leaders, said she was pleased with the hearing despite the fact her arguments didn't sway Blackburn. "If the court decides it does not apply to the bishops," she said, "then that's a good thing."

Huntsville Times writer Brian Lawson and Birmingham News writer Kent Faulk wrote this report.

http://blog.al.com/breaking/2011/08/imm ... tho_1.html

The new state law expressly prohibits "an alien who is not lawfully present in the United States" from enrolling in a state university.

What is the point of going to college, if you can't legally work once you graduate?

Judge Appointed by: President George H.W. Bush, 1991

One of the plaintiffs entered the U.S. illegally, she said, but has been granted an adjustment of status by U.S. officials and is awaiting the paperwork. Wang said it makes no sense that the woman could be prosecuted in Alabama for a lack of proper documentation, even though the federal government is aware of her status and chooses not to prosecute her.

Example of the mess Obama's administrative backdoor amnesty creates.

Dixie