Parts of Alabama Immigration Law Blocked by Federal Appeals Court

Bill Mears, CNN, October 14, 2011

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.

{snip}

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.

{snip}

Ahead of the injunction, Justice Department officials met with civic and religious leaders in Alabama Friday morning.

Assistant Attorney General Tom Perez told reporters that local leaders are concerned about reports of increased bullying in schools and a large absence of Hispanic students from classes. The section of the law that raised those worries is now blocked.

Perez also said he is “absolutely” sure that victims of crime are not going to police out of fear of being deported. Given Friday’s news, that could remain a concern.

{snip}

State officials confirm an unspecified number of Hispanics and other immigrants have left the state, many in fear of being arrested or targeted by police.

Workers in the agriculture, landscaping, food service, maintenance, and construction fields in particular have not been showing up on the job. Many immigrant rights groups have launched workplace boycotts in recent days.

{snip}

Topics:

Share This

We welcome comments that add information or perspective, and we encourage polite debate. If you log in with a social media account, your comment should appear immediately. If you prefer to remain anonymous, you may comment as a guest, using a name and an e-mail address of convenience. Your comment will be moderated.
  • olewhitelady

    States need to simply stop obeying federal court rulings whenever they are against the interests of the states. Let the feds send in troops if they want! If enough states do this, it will be more than the federal government can handle. The South might even threaten a second secession. I can just picture all the illegals heading north after that!

  • Anonymous

    States are going to have to challenge the federal court system. The bottom line is the federal government only has a limited authority to make law, at all and our courts do NOT have the authority to strike down state law, even (especially) our supreme court. There is no “constitutional muster” filter our laws must go through. And, most important of all, the court has no method of enforcement by which to force compliance with the authority it has co-opted.

    In other words, the states need to get with it and pass their state sovereignty laws and then challenge the courts. Oh, you blocked certain provisions of the laws we passed? Sorry. We don’t recognize your authority to do that here….and the cops and national guard, and millions of citizen militia recognize us, not you, as the authority here.

    Such a thing, we are on the cusp of, will starkly split the US with regard to rule of law. Not that it isn’t already. But what was rather informal and lax will become formal and rigid. Careful study of state laws is a good idea with a mind toward migration.

  • Blaak Obongo

    Is this the “democracy” that our invasion forces are supposed to be bringing to the Middle East?

    Just checking.

  • white is right, black is whack

    Workers in the agriculture, landscaping, food service, maintenance, and construction fields in particular have not been showing up on the job. Many immigrant rights groups have launched workplace boycotts in recent days.

    Then they’re not really hardworking if they take off work to complain and act like victims, right?

  • Anonymous

    The same people, “that are not going to police to report a crime” are the ones commiting a crime. Can’t have it both ways..

  • HH

    What kind of country is it that allows its Federal Courts to forbid the citizenry of said nation from making certain that students whose education THEY ARE FOOTING THE BILL FOR are in the country legally? How can any imbecille still pretedn we live in a “free” country? THIS is the land of “liberty” many are so fond of trumpeting to the Heavens?

    Wake up folks – America is a lost cause. All we can do now is look to our people and our collective survival. America is openly, even brazenly hostile to the White race – we mustn’t pretend we don’t realize this by now…at least I hope most the “enlightened” Whites have realized it by now.

  • Anonymous

    “Attorney General Tom Perez told reporters that local leaders are concerned about reports of increased bullying in schools and a large absence of Hispanic students from classes.”

    I am not sure if Hispanic students are being bullied as a result of enforcing this law, as the Attorney General seems to fear. However, I am sure that people have been murdered in their homes, in their cars, and in the streets, by Hispanics, as a result of this law not being enforced. That doesn’t seem to worry this attorney general quite as much. Hmmm.

  • Seneca the Younger

    I can somewhat see the logic (but do not agree with it) behind blocking the checking of immigration status for schools. But why did they block the charge for not carrying your registration card? If I drive do I not have to have my driver’s license AT ALL TIMES? Same goes for CCW, etc.

    And before anyone asks. The logic behind the school thing is the interpretation behind the 14th amendment. And yes, I know it was meant for only freed slaves.

    What I meant is I understand how one could (incorrectly) come to that conclusion.

    And I hope the illegals keep the boycotts coming.

  • Anonymous

    What happened to “government by the people”? When did a court or judge become the boss of the people?

  • Greg

    As an anonymous poster put it, who cares? Why would states give the Federal government the ability to strike down these laws? Continue enforcing them, through order of the governor. If Obama tries to send in troops, arrest them for violating the laws of Alabama.

    Simply put, states have the power and legitimacy to do a variety of things–including establishing a church. I know this because the 1st amendment was drafted in a time when state churches existed. The constitutional limitations refer to the federal government.

  • Anonymous

    Federal court judges are behaving like Soviet commissars, grinding the legal citizenry into dust. Is it even possible for America to swing further to the left? The founding fathers are spinning in their graves sharing the national mall with that social realist Daddy King monument to the KGB.

  • Anonymous

    Schools are exactly the place to count and monitor illegal students. They are directly supported by taxpayers who have a right to know how and why our money is spent. Also, we need concrete information on the success, or lack of, of illegal immigrant students. How can teachers be expected to “help” their most “needy” students if they don’ t even know they are needy. Do they just make “racist” assumptions that all hispanics are illegal and act accordingly?

  • Mark

    Post #1

    I agree. The US Federale Gov’t is corrupt to the point it resembles a Latin American Style Fascist State.

    Anglo Saxon Americans need to realize that the US Gov’t ACTIVELY pursues policies that endanger their lives and families via Open Borders; States need to ignore rulings that do not provide “For the Common Defense”.