Thread: Breaking News: Alabama Judge refuses to block key parts of..

Judge lets key parts of Alabama immigration law stand


U.S. District Judge Sharon Blackburn, appointed by Republican President George H.W. Bush, wrote in her 115-page opinion that some parts of the law are in conflict with federal statutes, but others aren't.

She said federal law doesn't prohibit checking students or suspects pulled over by police. She also refused to stop provisions that allow police to hold suspected illegal immigrants without bond; bar state courts from enforcing contracts involving illegal immigrants; make it a felony for an illegal immigrant to do business with the state; and make it a misdemeanor for an illegal resident not to have immigration papers.


http://www.usatoday.com/news/nation/sto ... 50589580/1

Alabama Immigration Law Ruling:
Key Parts Of Measure Stand

BIRMINGHAM, Ala. — A federal judge refused Wednesday to block key parts of a closely watched Alabama law that is considered the strictest state effort to clamp down on illegal immigration, including a measure that requires immigration status checks of public school students.

U.S. District Judge Sharon Blackburn, appointed by Republican President George H.W. Bush, wrote in her 115-page opinion that some parts of the law are in conflict with federal statutes, but others aren't.

She said federal law doesn't prohibit checking students or suspects pulled over by police. She also refused to stop provisions that allow police to hold suspected illegal immigrants without bond; bar state courts from enforcing contracts involving illegal immigrants; make it a felony for an illegal immigrant to do business with the state; and make it a misdemeanor for an illegal resident not to have immigration papers.

An appeal is all but certain; the state attorney general's office said it was reviewing the decision before commenting.

An order the judge previously issued temporarily blocking the entire law expires Thursday, but it was unclear when the state might begin enforcing the sections of the law that Blackburn allow. Neither Gov. Robert Bentley nor Alabama Attorney General Luther Strange had any immediate comment.

Blackburn's order temporarily blocked four parts of the law until she can issue a final ruling. Those measures would:

_ Make it a crime for an illegal immigrant to solicit work.

_ Make it a crime to transport or harbor an illegal immigrant.

_ Allow discrimination lawsuits against companies that dismiss legal workers while hiring illegal immigrants.

_ Forbid businesses from taking tax deductions for wages paid to workers who are in the country illegally.

Blackburn heard arguments from opponents including the Obama administration, immigrant-support groups and civil libertarians before it was supposed to take effect Sept. 1. The Justice Department contended the state law encroaches on the federal government's duty to enforce immigration law, and other opponents argued it violated basic rights to free speech and travel.

She put the entire law on hold last month, but didn't rule on whether it was constitutional, saying she needed more time.

Similar, less-restrictive laws have been passed in Arizona, Utah, Indiana and Georgia, and federal judges already have blocked all or parts of those.

Immigration became a hot issue in Alabama over the last decade as the state's Hispanic population grew by 145 percent to about 185,600. While the group still represents only about 4 percent of the population, some counties in north Alabama have large Spanish-speaking communities and schools where most of the students are Hispanic.

Alabama Republicans have long sought to clamp down on illegal immigration and passed the law earlier this year after gaining control of the Legislature for the first time since Reconstruction. GOP Gov. Robert Bentley signed it, saying it was vital to protect jobs of legal residents.

Both supporters and critics say it is the nation's toughest partly because of a section that would require public schools to verify the citizenship status of students and report statistics to the state. Illegal immigrants wouldn't be barred attending public schools, but opponents contend the law is designed to decrease enrollment by creating a climate of fear.

In a statement on behalf of 150 United Methodist pastors who signed a letter opposing the law, Revs. Matt Lacey and R.G. Lyons said church leaders were "pleased to see some of the harsh and far-reaching elements of the law have been struck down."

"We feel that many of these elements, written by members of the State House and Senate who campaign on Christianity, are not representative of the message of Christ who welcomed the stranger despite country of origin or status," they said.

http://www.huffingtonpost.com/2011/09/2 ... 85529.html

Blackburn heard arguments from opponents including the Obama administration, immigrant-support groups and civil libertarians before it was supposed to take effect Sept. 1. The Justice Department contended the state law encroaches on the federal government's duty to enforce immigration law, and other opponents argued it violated basic rights to free speech and travel.

Blackburn heard arguments from opponents including the Obama administration, immigrant-support groups and civil libertarians before it was supposed to take effect Sept. 1.

The Justice Department contended the state law encroaches on the federal government's duty to enforce immigration law, and other opponents argued it violated basic rights to free speech and travel.

There are some idiots that are making death wishes on Governer Bentleys page.

http://www.facebook.com/RobertBentley2010

I don't see a report button on his page. Where can this be reported to?

Originally Posted by busygirl

There are some idiots that are making death wishes on Governer Bentleys page.

http://www.facebook.com/RobertBentley2010

I don't see a report button on his page. Where can this be reported to?

Thank you for sharing the facebook page. I got a lot of enjoyment out of reading some of the comments. I found it rather funny that all those who were against this law could: 1)not type properly 2) showed a clearly hostile and racist attitude and 3) could not back up anything they said when asked to provide facts.

If you go to a post, go to the top right corner of that specific post and when you put your cursor there an X should pop up. You can use that X to report posts.

Originally Posted by sugarhighwolf

Thank you for sharing the facebook page. I got a lot of enjoyment out of reading some of the comments. I found it rather funny that all those who were against this law could: 1)not type properly 2) showed a clearly hostile and racist attitude and 3) could not back up anything they said when asked to provide facts.

Look what this lil' darlin' has to say:

Aalexy Lekis posted to Dr. Robert Bentley

ALL I CAN TELL YOU IS......... WATCH OUT BECAUSE 20 YEARS FROM NOW THOSE HISPANIC BABYS WHO WERE BORN IN ALABAMA WILL REMEMBER THIS DAY, AND GUESS WHAT?? AS U. S CITIZENS THEY WILL BE ABLE TO VOTE, WE WILL HAVE HISPANICS LEADING ALABAMA AND THEN WE WILL MAKE YOU PAY FOR WHAT YOU DID TO THEIR PARENTS, WE WONT FORGET TRUST ME, IM INTO THE LAW FIELD AND BELIEVE ME WE WILL COME BACK TAUGHER...... I SWEAR TO GOD WE WILL TURN ALABAMA INTO A NEW CALIFORNIA BECAUSE HISPANICS WILL RULE THIS BITCH STATE

Originally Posted by stevetheroofer

Originally Posted by sugarhighwolf

Thank you for sharing the facebook page. I got a lot of enjoyment out of reading some of the comments. I found it rather funny that all those who were against this law could: 1)not type properly 2) showed a clearly hostile and racist attitude and 3) could not back up anything they said when asked to provide facts.

Look what this lil' darlin' has to say:

Aalexy Lekis posted to Dr. Robert Bentley

ALL I CAN TELL YOU IS......... WATCH OUT BECAUSE 20 YEARS FROM NOW THOSE HISPANIC BABYS WHO WERE BORN IN ALABAMA WILL REMEMBER THIS DAY, AND GUESS WHAT?? AS U. S CITIZENS THEY WILL BE ABLE TO VOTE, WE WILL HAVE HISPANICS LEADING ALABAMA AND THEN WE WILL MAKE YOU PAY FOR WHAT YOU DID TO THEIR PARENTS, WE WONT FORGET TRUST ME, IM INTO THE LAW FIELD AND BELIEVE ME WE WILL COME BACK TAUGHER...... I SWEAR TO GOD WE WILL TURN ALABAMA INTO A NEW CALIFORNIA BECAUSE HISPANICS WILL RULE THIS BITCH STATE

That is actually one of the better posts I've seen. Some of them are so bad, I can't post them on this forum.

I will never understand why they claim to come here for a better life and then turn wherever they go into an exact replica of what they claim they are running from.

Originally Posted by stevetheroofer

Originally Posted by sugarhighwolf

Thank you for sharing the facebook page. I got a lot of enjoyment out of reading some of the comments. I found it rather funny that all those who were against this law could: 1)not type properly 2) showed a clearly hostile and racist attitude and 3) could not back up anything they said when asked to provide facts.

Look what this lil' darlin' has to say:

Aalexy Lekis posted to Dr. Robert Bentley

ALL I CAN TELL YOU IS......... WATCH OUT BECAUSE 20 YEARS FROM NOW THOSE HISPANIC BABYS WHO WERE BORN IN ALABAMA WILL REMEMBER THIS DAY, AND GUESS WHAT?? AS U. S CITIZENS THEY WILL BE ABLE TO VOTE, WE WILL HAVE HISPANICS LEADING ALABAMA AND THEN WE WILL MAKE YOU PAY FOR WHAT YOU DID TO THEIR PARENTS, WE WONT FORGET TRUST ME, IM INTO THE LAW FIELD AND BELIEVE ME WE WILL COME BACK TAUGHER...... I SWEAR TO GOD WE WILL TURN ALABAMA INTO A NEW CALIFORNIA BECAUSE HISPANICS WILL RULE THIS BITCH STATE

LMAO, thanks for the laugh, Steve.

Wow, she's "into the law field"? I don't think so. What a waste of our tax $$$ wasted in educating this imbecile. The grammar and spelling are atrocious! Not to mention being a racist, xenophobic bigot who shows her hatred for anyone who is not hispanic.

Listen up honey, it won't take us 20 years to deport you and your parents.

Wow. I got a warning on Facebook for violating their policy because I said that we can deport all illegals and if you don't believe me then look up Operation Wetback.

September 29, 2011

Key Win for Alabama Immigrant Law
Comments (17)

By MIKE ESTERL And MIRIAM JORDAN

A federal judge Wednesday greenlighted key parts of an Alabama law aimed at curbing illegal immigration, rejecting the federal government's request to block them and strengthening the likelihood that the Supreme Court ultimately will decide whether states can pass their own immigration laws.

The Alabama law, widely seen as the nation's toughest, could embolden other states weighing stiff measures to stop illegal immigration after federal courts curbed such laws in Arizona, Utah, Indiana and Georgia in recent months. The federal government argues immigration is a federal matter.

U.S. District Judge Sharon Blackburn in the Northern District of Alabama upheld a contentious provision requiring police in Alabama "to make a reasonable attempt" to determine the immigration status of any individual they stop if there is "reasonable suspicion" the person is in the country illegally.

Wednesday's ruling also upheld a requirement that public schools determine if students were born outside the U.S. or are children of immigrants that are in the country illegally. Judge Blackburn upheld a section of HB56, as the law is known, making it a felony for an illegal immigrant to enter into a "business transaction" with the state of Alabama, among other provisions.

But Judge Blackburn enjoined other sections of the law in a 115-page ruling issued one day before a temporary injunction was set to expire, saying "there is a substantial likelihood" that the Justice Department can prove they are pre-empted by federal law. For example, she blocked clauses that would make it a misdemeanor crime for an undocumented immigrant to apply for work and that make it unlawful for anyone to transport an illegal resident. For now, Alabama authorities also won't be able to pursue civil cases against employers that fail to hire U.S. citizens while hiring or retaining illegal immigrants, among other measures.

In a statement, Alabama Gov. Robert Bentley called the ruling a victory for his state, adding that it has had to enforce immigration laws because the federal government isn't doing so. The Republican governor said the legal "fight is just beginning" and that he remained committed to seeing the law fully implemented.

The Justice Department said it was reviewing Wednesday's decision before deciding on its next steps. It added it will continue to evaluate state immigration laws and "not hesitate" to sue states for policies that interfere with federal immigration law.

Legal scholars said the judge's ruling was contradictory and pointed to the need for a uniform federal standard rather than a patchwork of state lawson immigration.

"Judge Blackburn seems to believe it's not a crime for an undocumented immigrant to solicit work but it is a crime for an undocumented person to do business with the state," said Stephen Yale-Loehr, an immigration scholar at Cornell University Law School. "The Supreme Court needs to decide this issue once and for all."

Arizona was the first state to pass a law to rein in illegal immigration, in April 2010. The law isn't entirely in effect. Among other provisions, a federal judge blocked one that would require police to check the immigration status of those they stop if they suspect they are in the country illegally. Arizona has appealed the case to the U.S. Supreme Court.

In Alabama, Judge Blackburn slapped a temporary injunction on HB56 in August, after it was signed into law by Mr. Bentley in June.

The Justice Department filed suit in federal court in Birmingham last month, arguing the state law usurped federal jurisdiction over immigration. The American Civil Liberties Union and other civil-rights groups also filed suits to block the legislation, which they say promotes discrimination and harassment. Agribusiness and construction groups have warned the law would create a labor shortage and hurt the state's economy.

Supporters of the Alabama legislation said it would open more jobs to legal residents by driving illegal immigrants from the state, while cutting the state's medical and education costs. They also say the federal government hasn't done enough to stop illegal immigration.

Alabama's undocumented population, mostly from Latin America, totaled about 120,000 last year, up from 25,000 a decade earlier, according to the Pew Hispanic Center, a nonpartisan research group.

The center also estimates illegal immigrants account for about 2.5% of the state's population, compared with 4.4% in Georgia and 6% in Arizona.

Linton Joaquin of the National Immigration Law Center said civil-rights groups would appeal the decision, saying that the Alabama law amounted to requiring "local police, and even school teachers, to become de facto immigration agents."

http://online.wsj.com/article/SB1000142 ... 34494.html