Alabama immigration law: We're divided on power to sue lawmen but agree lawyers will find work
By The Birmingham News
Published: Friday, August 26, 2011, 4:00 PM

Alabama's immigration law uses an unusual tactic for a state that has been a national leader in limiting the ability of residents to sue their government -- it exposes police and prosecutors to lawsuits if they fail to enforce the new law, Birmingham News writer Mary Orndorff reports.

Section 5 of the law invites citizens to sue their local cop or court official if they believe the immigration laws are not being fully enforced. Although they can be sued only in their official capacity, the law enforcement officials can be fined and government funding to their offices halted. The section is intended to prevent certain cities or counties from becoming sanctuaries where the law is only lightly enforced.


Alabama Gov. Robert Bentley is flanked by Sen. Scott Beason, R-Gardendale, left, and Micky Hammon, R-Decatur, right, as he speaks before signing into law what critics and supporters are calling the strongest bill in the nation cracking down on illegal immigration, on Thursday June 9, 2011 at the state Capitol in Montgomery, Ala. One surprising provision of the law allows citizens to sue officials they don't believe are adequately enforcing the law. (AP Photo/Montgomery Advertiser, Mickey Welsh)

But it has become a concern for law enforcement personnel who already fear the law will fill their jails, burden officers with paperwork and expose them to accusations of racial profiling.

In the online community, the story, like most about immigration and the new law, opened intense debate as these the first two comments highlight while another commenter notes apparently accurately: The law seems guaranteed to provide full employment for many Alabama's lawyers. Read some of what people are saying:

• "Ok, this is the last straw,,,tear this stupid bill up,, forget it and if you want to target illegals get someone that actually knows how to write up a bill to do it,,,,,the authors of this one have made a fool of themselves..." -- fivekeepers

• "The last straw? Having provisions in the law to don't allow local law enforcement to ignore the law? How is that a bad thing? I hold law enforcement in high regard in general, but to assume there are no agencies anywhere in the state that might want to ignore the law or not fully enforce the law is naive thinking. And if my local law enforcement turned a blind eye, I'd like to have some recourse. I wonder - is there any way to sue the rederal government and force them to enforce the federal laws? I'm assuming there isn't. If there was, there would be lawsuits galore and the states wouldn't feel the need to enact laws to address illegal immigration." -- bikerdude

• "Because of this provision and all the civil rights issues, this law a stimulus package for lawyers where its unlikely one undocumented workers will be deported because an injunction will go into effect until the law is held unconstitutional. If we really want to solve the problem, arrest/fine the businesses/people who hire them and close the businesses which are the biggest violators. No jobs, no undocumented workers, no civil rights issues.

"Anyway, Yay for lawyers! They are hurting now too ya know. " -- what4bama

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