Alabama federal court rules on immigration law

Today, Federal District Court Judge Sharon Blackburn of the Northern District of Alabama issued an opinion on Alabama’s new immigration law. The law was scheduled to take effect on September 1, but, in August, the judge blocked the law from taking effect until she had a chance to rule on the arguments raised by the federal government and an assortment of civil rights groups.

The federal government and the civil rights groups filed suit before Judge Blackburn claiming that the Alabama law, much like the Arizona law was unconstitutional.  In an 115 page opinion, the court held that some provisions of the law could be enforced, while others could not.

Blackburn’s order temporarily blocked four parts of the law until she can issue a final ruling. Those measures would:

  • Make it a crime for an illegal immigrant to solicit work,
  • Make it a crime to transport or harbor an illegal immigrant,
  • Allow discrimination lawsuits against companies that dismiss legal workers while hiring illegal immigrants.
  • Forbid businesses from taking tax deductions for wages paid to workers who are in the country illegally.

While blocking those provisions, the court let stand perhaps the most controversial provisions…the police may stop and detain anyone suspected of being an illegal immigrant, and, it is a felony for an illegal immigrant to apply for a license plate, driver’s license or business license.

Any appeal (which is certain) will go to the United States 11th Circuit Court of Appeals.

Wouldn’t it be refreshing if those in Washington would finally deal with this issue instead of alternatively ignoring it, and blocking those who try to deal with it?

Also writing … Michelle Malkin & The Washington Times.

 

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SoundOffSister

The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.

2 Comments

  1. Plainvillian on September 29, 2011 at 7:22 am

    The sovereignty of any nation starts at its border and border security in the United States is solely the responsibility of the Federal government, not the states.? It is a dangerous development when states arrogate powers just because those responsibilities are being ignored by the national central authority.?
    When states pass immigration enforcement laws in the absence of United States action and the Federal Government seeks to block them, it is more glaring evidence of our national dysfunction.



  2. PatRiot on September 29, 2011 at 11:46 am

    Amen SOS !
    Until the illegals go through the naturalization process, they are (sadly)nothing more than slaves.?



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