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

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.

Comments

[Site]

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

[Another Voice]

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

[Tobias]

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