U.S. District Judge Sharon Blackburn was wise to delay a ruling in Alabama's far-reaching illegal immigration law (editorial)
By John Peck
The Huntsville Times
Tuesday, August 30, 2011, 8:15 AM

HUNTSVILLE, Alabama _ Finally, a break in the saga over Alabama's get-tough immigration law.

Just three days before the law was to go into effect, U.S. District Judge Sharon Lovelace Blackburn issued a one month preliminary injunction to give herself more time to rule on whether parts or all of the far-reaching law are constitutional.

Good move.

There are too many legal issues from last week's federal court hearing to rush a decision.

Too bad the Legislature didn't show restraint when it rammed the 70-page bill through with a very short window for local and state agencies to prepare to enforce it.

In the very same 2011 legislative session that passed the illegal immigration bill, lawmakers passed a bill requiring voters to show photo identification at the polls, but that law doesn't go into effect until 2014.

Other broad legislation the Alabama Legislature has approved in the past, such as the mandatory seatbelt law, also had extended effective dates.

The illegal immigration measure, House Bill 56, won final passage on June 2 and was set to go into effect Sept. 1 - a mere three months later.

Would it have been expecting too much for lawmakers to consult with those who would be enforcing the law before rushing it through? That could have at least fleshed out enforcement issues before the bill became law instead of through 11th hour revelations from the court hearing and from county courthouses.

Blackburn's order doesn't preclude her from ruling on the bill's merits before Sept. 29. Should she do so, the injunction would be lifted and all or parts of the law go could go into effect. Of course, another extension could be granted as well.

In the meantime, agencies like sheriff's departments, city police departments and license offices would be wise to fully work out enforcement plans and train their staffs accordingly. County license officials should seek legal guidance on obtaining proof-of-citizenship documents when handling car registrations and licenses. County officials complained lawmakers didn't think about the long lines the citizenship requirement could cause because the law didn't take into account mailed and online transactions that may now have to be done in person.

Law enforcement officials need to understand the extent of local police powers on federal immigration issues. Missteps could result in costly discrimination lawsuits.

The U.S. Department of Justice, an array of civil rights groups and the leaders of Alabama's Catholic, Episcopal and United Methodist churches have all sued to block the law, which offers a host of criminal and civil penalties for illegal immigrants and those who harbor, transport, rent to, employ and enter contracts with them.

Defenders of the law, including Gov. Robert Bentley, Attorney General Luther Strange and others, claim states have a right to step in when the federal government doesn't do enough to enforce immigration laws.

The most striking evidence that lawmakers should have delayed the law's effective date came in reactions from top legislative leaders over Blackburn's temporary injunction.

Sen President Pro Tem Del Marsh, R-Anniston; and House Speaker Mike Hubbard, R-Auburn, commended Judge Blackburn for taking more time to review the law due to its complexity and her willingness to carefully examine the case.

By John Peck for the editorial board. Email: john.peck@htimes..com

http://blog.al.com/times-views/2011/08/ ... black.html