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Greg Siskind on Immigration Law and Policy

Alabama's New Immigration Law Mostly Struck Down By the Courts

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HB87, the Alabama answer to Arizona's SB1070, has been dealt a major blow by the less than liberal 11th Circuit Court of Appeals in Atlanta. From NCLR:



Yesterday,
the 11th Circuit Court of Appeals in Atlanta struck down major portions of the
anti-immigrant laws passed in Alabama and Georgia, including a provision
requiring Alabama public school officials to determine the immigration status
of enrolling students.  In the wake of the Supreme Court ruling on
Arizona's SB 1070, a federal court once again rejected these states' attempts
to take federal law into their own hands. 


"In a
common-sense decision, the 11th Circuit Court put a stop to perhaps the single
most egregious provision yet in this slew of anti-immigrant laws, bringing an
end to the chaos and fear that students in Alabama have endured since this law
was passed," said Janet Murguía, President and CEO of NCLR (National Council of
La Raza).  "The Court's ruling makes clear that children should not be put
in the crosshairs of a political debate."


The court
also blocked the Alabama provisions that would have invalidated contracts with
undocumented immigrants and criminalized the failure to carry immigration
documents.  In both Alabama and Georgia, the court determined that states
could not criminalize the transporting or harboring of certain immigrants.
 As with the Supreme Court, the federal court in Atlanta explicitly left
the door open to future challenges to the racial profiling provisions known as
"show me your papers" or "papers, please." 


"Unfortunately,
the 'papers, please' provision was allowed to go forward," said Murguía.
 "As we have stated repeatedly, it is a false solution that many states
have already rejected and whose only effect will be negative and harmful. 
But there is no doubt in our mind that this provision will also eventually be
overturned."



Following the lead of the US Supreme Court, the 11th Circuit left the police stops provision in place until the law is actually implemented. At that point, potential plaintiffs can sue if it is implemented in an unconstitutional manner.

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Comments

  1. Tobias's Avatar
    As always California taking the conscious approach on immigration issues (more revenue for the Golden State)...

    California poised to grant driver's licenses to young illegal immigrants
    By Jim Sanders
    jsanders@sacbee.com
    Published: Wednesday, Aug. 22, 2012 - 12:00 am | Page 1A
    Last Modified: Wednesday, Aug. 22, 2012 - 9:06 am

    California is on the verge of allowing hundreds of thousands of undocumented immigrants to receive driver's licenses for the first time in nearly two decades.

    The key question is how to do it.

    The issue of granting driver's licenses to undocumented immigrants has raged in the Legislature for much of the past decade, without resolution, but fighting is largely moot now due to a new federal policy.

    President Barack Obama's Deferred Action for Childhood Arrivals gives a select group of undocumented immigrants the right to live and work in the United States for two years without fear of deportation.

    California is laying the groundwork for extending the privilege to driving, too, for an estimated 400,000 immigrants.

    Read more here:
    http://www.sacbee.com/2012/08/22/4746634/california-poised-to-grant-drivers.html#storylink=cpy
  2. Another Voice's Avatar
    Kris Kobach Represents Immigration Agents In Lawsuit Against Obama Administration

    WASHINGTON -- Arizona immigration law author and Kansas Secretary of State Kris Kobach is representing 10 immigration agents in a lawsuit filed Thursday against Homeland Security Secretary Janet Napolitano, for policies they say prevent them from doing their job of defending the Constitution.

    http://www.huffingtonpost.com/2012/08/23/kris-kobach-immigration-lawsuit-obama_n_1825272.html
  3. Site's Avatar
    HB56 is working like clockwork to rid our state of illegals and absolutely nothing bad is becoming of it no matter what they want you to believe. As a matter of fact, Bama has proven beyond a doubt that it can be done painlessly and other states are now taking notice and are feverishly drafting similar laws. The nightmare is nearly over. GOD BLESS ALABAMA!!!
    Sincerely, @Laura
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