A (partial) win for Alabama


Parts of Alabama immigration law blocked by federal appeals court

From CNN:  A federal appeals court has blocked enforcement of parts of a controversial immigration enforcement law in Alabama.  The injunction issued Friday from the 11th U.S. Circuit Court of Appeals in Atlanta came after the U.S. Justice Department — supported by a coalition of immigrant rights groups — requested the legislation, known as HB 56, be put on hold until the larger constitutional questions can be addressed, a process that could take some months at least.
The 16-page order gives both sides partial victories, allowing some parts of the law to go into effect while others are temporarily blocked.
The Obama administration says the Constitution does not permit states to deter illegal immigration, saying an issue with foreign policy implications is the exclusive mandate of the federal government.
Among the provisions temporarily blocked from being enforced are:

  • One requiring state officials to check the immigration status of students in public schools.
  • One making “willful failure to complete or carry an alien registration card” a misdemeanor for immigrants.

But the state will be allowed to enforce these contested sections:

  • One requiring that police during “lawful” stops or arrests “attempt to determine the immigration status of a person who they suspect is an unauthorized alien of this country.” That provision is similar to other laws aiming to crack down on illegal immigration passed by other state legislatures over the past year.
  • One barring state courts from enforcing contracts involving undocumented immigrants, if the hiring party had a “direct or constructive” knowledge that the person was in the country unlawfully.
  • One making it a felony for illegal immigrants to enter into a “business transaction” in Alabama, including applying for a driver’s license or a business license.

The appeals court also announced it would hear oral arguments on the constitutional questions on an expedited basis, as early as December. The issues in Alabama and in other states with similar crackdown laws may ultimately have to be settled by the U.S. Supreme Court.
Alabama Gov. Robert Bentley, who signed the law in June, has said it would not have been needed “if the federal government would have done its job and enforced the laws dealing with this problem. However, they have failed to do that.”
I believe that the provisions the State of Alabama one are the most important.  Hopefully the state will win all the mandates they request and be able to do what the federal government has not been able to do (or refuses to do).

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Don Porter
Don Porter
8 years ago

“The Obama administration says the Constitution does not permit states to deter illegal immigration, saying an issue with foreign policy implications is the exclusive mandate of the federal government.”
The Tenth Amendment states the Constitution’s principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved, respectively, to the states or the people.

June McWilliam
June McWilliam
8 years ago

Kudos to Alabama and a big “thank you ” to Judge Bentley! Turn of the economic faucet – jobs, housing, welfare, food stamps, allowance per child, education, healthcare – they will self deport at little, or no expense to the taxpayer. I pity states like Texas, New Mexico, and California, because not only do they have in-state college tuition for illegals, but the illegals can also get financial aid! When you consider the fact that there is rampant illegal/fraudulent voting, and also that illegals can join the largest unions (SEIU, AFL-CIO,etc) that influence the elections (via money and influence), in… Read more »

8 years ago

Go Alabama!!! I think they should be able to check a students status.

Vic Bailey
8 years ago

I think people are just now starting to realize why the South seceded from this sorry bunch of assholes! We have a Socialist Government that is telling us to let the INVADERS come on in and take over! WRONG! Alabama will stand up to the BASTARDS and we ALL need to stand behind her! Run the Socialist Bastards out of our government, that means that there will be at least 70 seats in Congress OPEN maybe more, and let’s start with John Lewis and Hank Johnson from Georgia, and then the rest. Semper Fi.