Federal appeals court blocks (parts of) Alabama immigration law
The US Court of Appeals for the Eleventh Circuit on Oct. 14 temporarily blocked portions of a controversial Alabama immigration law. The ruling came in response to a motion filed last week by the US Department of Justice (DoJ) and a coalition of immigrants rights groups after a judge for the US District Court for the Northern District of Alabama twice refused to block the law from taking effect. The appeals court granted the DoJ's motion to block Section 28, which requires immigration status checks of public school students, and Section 10, which makes it a misdemeanor for an undocumented resident not to have immigration papers. The appeals court refused to block provisions that require police to check the immigration status of suspected undocumented aliens, bar state courts from enforcing contracts involving undocumented immigrants and make it a felony for undocumented immigrants to enter into a "business transaction" or apply for a driver's license. The injunction will remain in effect until the Eleventh Circuit hears oral arguments and issues a ruling on the constitutional questions presented by the case.
The state of Alabama responded to the DoJ's motion earlier this week, arguing that the law is not preempted by federal law and that it is necessary to address the problem of illegal immigrants "taking jobs away from United States citizens and authorized aliens who desperately want to work in these hard economic times."
From Jurist, Oct. 14. Used with permission.
See our last post on the struggle in Alabama.