A federal judge gave a green light for Alabama to enforce some of the most controversial parts of its toughest-in-the-nation immigration law, ruling that certain measures do not violate federal law.
U.S. District Judge Sharon Blackburn ruled on Wednesday that Alabama can enforce the law’s requirements for schools to verify students’ immigration status and for police to determine citizenship and status of those they stop, detain or arrest. Police are allowed to arrest anyone they suspect of being an illegal immigrant during a routine traffic stop, under the law.
But Blackburn granted the Obama administration’s request to block certain portions of the law until she makes a final ruling. Those sections include provisions making it a crime to transport or harbor an illegal immigrant, or for an illegal immigrant to look for or perform work.
Blackburn also blocked parts of the law that would allow discrimination lawsuits against companies that hire illegal immigrants when they discharge or fail to hire a U.S. citizen and forbid employers from claiming as business tax deductions wages paid to illegal immigrants.
Blackburn sided with the Justice Department on those sections, she wrote, because “there is a substantial likelihood that the United States will succeed on the merits of its claims” that the measures are pre-empted by federal law.
Alabama’s crackdown — considered even more restrictive than Arizona’s — had originally been set to take effect Sept. 1 but came under fire from the Justice Department and other groups that filed lawsuits against the measure. Blackburn issued a temporary hold on the law at the end of August to give herself more time to review the case.
Multiple lawsuits — filed by the Obama administration, bishops from Alabama’s Catholic, United Methodist and Episcopal churches and civil rights groups, including the Southern Poverty Law Center and the American Civil Liberties Union — were consolidated for the motions seeking a preliminary injunction against the measure.
Blackburn’s ruling will likely be appealed.
Lee Gelernt, an ACLU attorney representing the civil rights groups, told POLITICO in a statement that “the court struck down key provisions of the law and candidly acknowledged that on other issues her decision conflicted with the rulings of other courts, which we believe were correct.”
Mary Bauer, legal director for the Southern Poverty Law Center, said in a statement that “this decision not only places Alabama on the wrong side of history but also demonstrates that the rights and freedoms so fundamental to our nation and its history can be manipulated by hate and political agendas – at least for a time.”
Alabama state Sen. Del Marsh, meanwhile, called the ruling a “significant win.”
“Our goal has always been to make sure Alabama jobs and taxpayer-funded resources are going to legal Alabama residents, and Judge Blackburn’s ruling is a significant win for this cause,” Marsh said in a statement.
Gov. Robert Bentley said the state’s law — which he praised as the “strongest immigration law in the country” — will take effect on Thursday, according to the Associated Press.
“We intend to enforce it,” Bentley said.
U.S. District Judge Sharon Blackburn ruled on Wednesday that Alabama can enforce the law’s requirements for schools to verify students’ immigration status and for police to determine citizenship and status of those they stop, detain or arrest. Police are allowed to arrest anyone they suspect of being an illegal immigrant during a routine traffic stop, under the law.
In a 115-page opinion, Blackburn wrote that “the United States has not met the requirements for a preliminary injunction” for several of the measures the Justice Department had argued violated the Constitution and usurped the federal government’s authority to set immigration policy.
But Blackburn granted the Obama administration’s request to block certain portions of the law until she makes a final ruling. Those sections include provisions making it a crime to transport or harbor an illegal immigrant, or for an illegal immigrant to look for or perform work.
Blackburn also blocked parts of the law that would allow discrimination lawsuits against companies that hire illegal immigrants when they discharge or fail to hire a U.S. citizen and forbid employers from claiming as business tax deductions wages paid to illegal immigrants.
Blackburn sided with the Justice Department on those sections, she wrote, because “there is a substantial likelihood that the United States will succeed on the merits of its claims” that the measures are pre-empted by federal law.
Alabama’s crackdown — considered even more restrictive than Arizona’s — had originally been set to take effect Sept. 1 but came under fire from the Justice Department and other groups that filed lawsuits against the measure. Blackburn issued a temporary hold on the law at the end of August to give herself more time to review the case.
Multiple lawsuits — filed by the Obama administration, bishops from Alabama’s Catholic, United Methodist and Episcopal churches and civil rights groups, including the Southern Poverty Law Center and the American Civil Liberties Union — were consolidated for the motions seeking a preliminary injunction against the measure.
Blackburn’s ruling will likely be appealed.
Lee Gelernt, an ACLU attorney representing the civil rights groups, told POLITICO in a statement that “the court struck down key provisions of the law and candidly acknowledged that on other issues her decision conflicted with the rulings of other courts, which we believe were correct.”
Mary Bauer, legal director for the Southern Poverty Law Center, said in a statement that “this decision not only places Alabama on the wrong side of history but also demonstrates that the rights and freedoms so fundamental to our nation and its history can be manipulated by hate and political agendas – at least for a time.”
Alabama state Sen. Del Marsh, meanwhile, called the ruling a “significant win.”
“Our goal has always been to make sure Alabama jobs and taxpayer-funded resources are going to legal Alabama residents, and Judge Blackburn’s ruling is a significant win for this cause,” Marsh said in a statement.
Gov. Robert Bentley said the state’s law — which he praised as the “strongest immigration law in the country” — will take effect on Thursday, according to the Associated Press.
“We intend to enforce it,” Bentley said.
