Eleventh U.S. Circuit Court rules on injunction of Alabama immigration law

October 14, 2011

Alabama: The Eleventh U.S. Circuit Court of Appeals ruled today, October 14, on an injunction filed by the Department of Justice one week ago against a recently passed Alabama immigration law called HB 56. The court's decision to block some, but not all, of the law's provisions resembles U.S. District Judge Sharon Blackburn's ruling on the injunction in September. Among the sections of the law that have been temporarily blocked by the circuit court are one requiring public schools to check the immigration status of all enrolled students and another making it a misdemeanor for immigrants to fail to carry registration on their person.

However, the court has allowed the state to enforce some key points of the law, including: one that requires police to try to determine the immigration status of an individual during lawful stops and arrests, one that invalidates contracts involving illegal immigrants, and one making it a felony crime for illegal immigrants to enter into a business transaction in the state of Alabama, including applying for a driver's license or a business license.

Opponents of the law include more than just the federal government, however; the American Civil Liberties Union, as well as, state leaders from the Episcopal, Methodist and Catholic churches in Alabama have filed suit against the state. Whilst President Obama's administration argues that the law unconstitutionally usurps the federal government's sole authority over immigration affairs, church leaders claim that the provision preventing the harboring or transporting of undocumented aliens violates their their religious liberties. A joint statement made by Bishop Henry N. Parsley Jr., of the Episcopal Church's Alabama Diocese, and Bishop William H. Willimon, of the United Methodist's North Alabama Conference, said, "We will continue to provide food, shelter, transportation, housing, and the church's sacraments to all of God's people, regardless of race, class, or citizenship status." The law, which is considered the strictest of its kind in the country, has even drawn attention from the Mexican government who said that the law would promote racial profiling.

These challenges from various other parties aside, the primary concerns of the arguments to be heard before the court are whether or not the state of Alabama went beyond its bounds and overstepped federal authority. According to the brief filed by the Justice Department, "H.B. 56 creates a panoply of new state offenses that criminalize, among other things, an alien's failure to comply with federal registration requirements that were enacted pursuant to Congress's exclusive power to regulate immigration," though the state maintains that it has a right to enact the law because of the federal government's failures. Alabama Governor Robert Bentley, who singed the law in June of this year, has said that the law wouldn't be necessary, "if the federal government would have done its job and enforced the laws dealing with this problem. However, they have failed to do that."

The court also made an announcement that it would hear oral arguments pertaining to the law's constitutionality on an expedited basis, meaning arguments could begin as early as December.

Comparing the two rulings

Parts of the law blocked by Blackburn's ruling	Parts of the law blocked by the 11th Circuit decision
Making it a crime to transport or harbor illegal aliens.	Requiring state officials to check the immigration status of students in public schools.
Making it a crime for illegal aliens to solicit and perform work.	Making it a misdemeanor for immigrants to fail to carry registration.
Making it possible to file discrimination lawsuits against companies that hire illegal immigrants.
Making it illegal for employers to claim illegal immigrants' wages as tax deductions.