September 29, 2011 in Nation/World

Judge strikes down portion of Alabama immigration law

Conflicting rulings likely to get Supreme Court attention
Richard Fausset Los Angeles Times
 

A federal judge Wednesday temporarily blocked portions of Alabama’s strict immigration law but upheld others, including a controversial section that requires police to check the residency status of suspected illegal immigrants during traffic stops.

The 115-page ruling by U.S. District Judge Sharon Blackburn came in response to a Justice Department lawsuit that challenged the Alabama law on the grounds that it pre-empted federal immigration laws.

Known as HB 56 and signed into law by Gov. Robert J. Bentley in June, the legislation is widely considered the strictest among a handful of similar bills passed by states frustrated with what they consider weak immigration enforcement from Washington.

Observers said Wednesday’s decision could hasten Supreme Court review of the new patchwork of state immigration regulations, particularly because Blackburn’s ruling differed from those of federal judges who blocked Arizona and Georgia from enacting provisions directing police to check the residency status of suspected illegal immigrants.

“It creates a conflict among lower courts, and that raises the probability that the Supreme Court will have to weigh in on it,” said Peter Spiro, an immigration law expert at Temple University.

“It’s now only a question of timing,” he added.

Numerous sections of the Alabama law challenged by the Justice Department but upheld by Blackburn may take effect immediately. Alabama police may now detain people driving without a license in order to check their immigration status. Contracts knowingly entered into with illegal immigrants will be considered invalid, and illegal immigrants will not be allowed to enter into “business transactions” with the state, including applying for driver’s or business licenses.

Immigrants caught without required alien registration documents will now be guilty of a state crime, a provision that in effect “criminalizes undocumented status,” Spiro said, since being in the country illegally is a violation of civil law, not criminal law, on the federal level.

Among the sections Blackburn blocked: one that would have outlawed illegal immigrants’ attempts to solicit or apply for jobs, and another that would have outlawed knowingly harboring or transporting them.

The ruling weighed whether Alabama had overstepped its bounds and violated the U.S. Constitution’s supremacy clause, which establishes federal law as the “supreme law of the land.”


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