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Alabama law partially stopped by federal injunction


By Owen - Posted on 14 November 2011

Alabama is probably the most recent state to enact very stringent immigration control. Today, a few days after the regulation went into impact, an appeals court has granted a temporary injunction against portions of the regulation. Sorting out the constitutional and legal problems, however, could take years to totally deal with in the courtroom. Article source: Portions of Alabama immigration law blocked by injunction

Alabama regulation policy blocked

Everything from police powers to school registration is explained with the Alabama immigration law. Nome of the law is stopped by a 16-page decision made by the 11th United States Circuit Court of Appeals in Atlanta. The state will be allowed to carry out enforcement of some sections of the regulation, including provisions that:

  • Require police to try and determine immigration status of anyone that is "lawfully" stopped or arrested for any reason.
  • Make any business transaction a felony crime if it includes an illegal immigrant.
  • Prevents courts from upholding a contract of any kind if it includes an illegal immigrant.

Until the regulation as a whole could be considered in courts, there are some provisions which were not stopped. These are provisions that:

  • Require public educational institutions to check the immigration status of all students.
  • Require immigrants to carry their alien registration card or be charged with a felony

Lawsuits filed

The case upon which the circuit court granted the injunction is just one of several that have been filed against the Alabama immigration regulation. Suits have been filed by the American Civil Liberties Union, many church groups and the United States Justice Department. Each of these suits approaches the law from a different side, but essentially the suits claim that Alabama, as a state, has no standing to create or enforce immigration law because it is the purview of the Federal government. The state claims that it is simply helping the federal regulation. It is enforcing rules already made. The first hearings on the regulation are anticipated to take place by Dec. of 2011.

Effects of Alabama immigration law

Since the Alabama immigration law went into impact, economic activity in Alabama has significantly slowed. In Alabama, industries have been shutting down. This is because lots of employees are just quitting the job and leaving. Absentee rates at many schools are considerably spiking and several Alabama farmers are facing fields full of crops they simply can't find the employees to help harvest.

Information from

CNN:

http://www.cnn.com/2011/10/14/us/alabama-immigration-law/index.html?npt=NP1

Reuters:

http://www.reuters.com/article/2011/10/14/us-usa-immigration-alabama-idUSTRE79D4SQ20111014

Business Week:

http://www.businessweek.com/news/2011-10-14/court-delays-enforcement-of-parts-of-alabama-immigration-law.html

The Guardian:

http://www.guardian.co.uk/world/2011/oct/14/alabama-immigration-law-families-trapped?newsfeed=true

PBS:

http://www.pbs.org/newshour/bb/law/july-dec11/alimmigration_10-13.html

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