Federal Judge Won’t Block Anti-Illegal Alien Law

Posted on September 28, 2011

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Alabama (AL.com) – A Birmingham federal judge today upheld most sections of Alabama’s tough new immigration law.  U.S. District Judge Sharon Lovelace Blackburn ruled on a U.S. Department of Justice lawsuit seeking to block the law.  Blackburn upheld a provision of the state law related to police stops and detentions of people suspected of being in the country illegally.

She also upheld sections requiring schools to check the citizenship status of children and sections that would nullify contracts knowingly entered into with unauthorized aliens. 

UA students protest the Alabama house bill 56 in the Ferguson Center Promenade on Wednesday, Sept. 28, 2011.

Blackburn also upheld a section making it a felony for “an alien not lawfully present in the United States” to apply for a license plate, driver’s license, business license or other business license.

On other provisions, Blackburn ruled the state:

» Can’t stop an “unauthorized alien” ILLEGAL from seeking work as an employee or independent contractor.

» Can’t prosecute those who assist unauthorized ILLEGAL aliens. She blocked a large section that would make it against the law to conceal, harbor, transport or encourage an illegal alien to stay in Alabama. This includes portions of the law referring to landlords.

» Can’t stop businesses from deducting the wages they pay to unauthorized aliens from their state taxes.

» Can’t create a new protected class of workers. The new law would have allowed workers who were fired or not hired in favor of unauthorized ILLEGAL aliens to sue employers for discrimination.

Alabama Gov. Robert Bentley, from left, is congratulated by Sen. Scott Beason, R-Gardendale, Rep. Kerry Rich, R-Albertville, and Micky Hammon, R-Decatur, after signing into law what critics and supporters are calling the strongest bill in the nation cracking down on illegal immigration, on Thursday June 9, 2011 at the state Capitol in Montgomery, Ala. (AP Photo/Montgomery Advertiser, Mickey Welsh)

Alabama Gov. Robert Bentley, from left, is congratulated by Sen. Scott Beason, R-Gardendale, Rep. Kerry Rich, R-Albertville, and Micky Hammon, R-Decatur, after signing into law what critics and supporters are calling the strongest bill in the nation cracking down on illegal immigration, on Thursday June 9, 2011 at the state Capitol in Montgomery, Ala. (AP Photo/Montgomery Advertiser, Mickey Welsh)

Most aspects of the law were set to go into effect Sept. 1. But in late August Blackburn issued a temporary injunction. She gave herself until today to rule on the three challenges brought by the U.S. Department of Justice, by leaders of Alabama’s Catholic, Episcopal and United Methodist churches, and by a roster of civil rights groups, unions and service organizations.Immigration measures passed in Arizona, Georgia, Indiana and Utah have been blocked by the federal courts. Supporters of the Arizona law are asking the U.S. Supreme Court to take the case.

Read more:     http://blog.al.com/breaking/2011/09/federal_judge_throws_out_xxxx.html

Posted in: Illegal Aliens