Alabama defends immigration law in court filing
Published: Monday, August 08, 2011, 6:00 AM
By Kent Faulk -- The Birmingham News

BIRMINGHAM, Alabama -- State officials say a federal judge should deny a request by those who want to block enforcement of Alabama's new immigration law.

The state, in a 159-page document filed Friday, disputes allegations made in recent lawsuits filed by groups suing to block the new law. "There is little in the way of hard facts based on personal knowledge. Instead, they present hearsay, legal opinion, speculation, and even speculation about other people's speculation," according to the state's response.

The document was filed by attorneys for Alabama Gov. Robert Bentley and other state officials, to respond to a request by groups seeking to have a judge issue a preliminary injunction to block enforcement of Alabama's immigration law enacted in June. The groups want enforcement of the new law delayed while their lawsuits against Bentley and the others to overturn the law proceed in court.

Most of the provisions of the new law go into effect Sept. 1.

Chief U.S. District Judge Sharon Blackburn has set Aug. 24 for a hearing at the Hugo L. Black U.S. Courthouse in Birmingham to hear arguments in the request for an injunction.

In its response, the state rejects claims in the lawsuits that the new law is aimed to be discriminatory or is designed to usurp federal law.

[Read the state response.]

The law repeatedly "bows" to federal law with certain phrases written into the law, according to the state response. The state law envisions cooperation with, and deference to, the federal government, according to the state response.

The new law also expressly and repeatedly prohibits unlawful discrimination on the basis of race, color, or national origin, according to the state response.

Federal officials have argued Alabama's law unconstitutionally interferes with the federal government's authority over immigration. But the state argued in its response that "states are not preempted in the immigration arena when they prohibit the same activity that is already prohibited under federal law."

The state argues that the plaintiffs can't prevail "on any of their various challenges" to the state law. But if the federal court agrees that an injunction is needed for a particular section of the law, that "is clearly preferable to the blunt remedy of enjoining the Act in its entirely."

Groups suing to overturn the law argue that one section -- Section 28 of the new Alabama law will deter children --lawfully or unlawfully in the country -- from enrolling in school, according to the state response. "Of course, deterrence is not denial. But, even if deterrence were enough, Plaintiffs' allegations are highly speculative and uninformed," according to the state response.

The state response cites an Aug. 1 letter from State Superintending of Education Joseph B. Morton to city and county superintendents. The new state law requires schools to collect information on how many students are enrolled without birth certificates, but no one shall be denied enrollment or admission to the school due to a failure to provide one, according to the letter.

"Any plaintiffs whose children are scheduled to start school this fall should expect that their children will be enrolled before Section 28 is even effective," according to the state response. "And any children who enroll thereafter, should be able to do so assured that (the act) .¤.¤. does not compel that they or their families be reported to anyone in the event they are unlawfully present."

The state needs the information to determine the impact illegal aliens have on state education budgets, the state argues.

Four lawsuits have been filed to try and block the state law that was enacted in June. Three of them were filed in federal court: the U.S. Justice Department; bishops in the Episcopal, United Methodist, and Roman Catholic churches in Alabama; and the Hispanic Interest Coalition of Alabama and other groups. The other lawsuit was filed in state court.

All three federal lawsuits have been consolidated into one.

Join the conversation by clicking to comment or email Faulk at kfaulk@bhamnews.com.

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