Court Rules Alabama Can’t Check Student Immigration Status: ‘Unconstitutional’
- Posted on August 20, 2012 at 10:03pm by
Jason Howerton
- Print »
- Email »
(AP)
ATLANTA (AP) — Part of Alabama’s immigration law that ordered public schools to check the citizenship status of new students was ruled unconstitutional Monday by a federal appeals court that also said police in that state and Georgia can demand papers from criminal suspects they have detained.
The 11th Circuit Court of Appeals ruled that the Alabama schools provision wrongly singles out children who are in the country illegally. Alabama was the only state that passed such a requirement and the 11th Circuit previously had blocked that part of the law from being enforced.
Judges said fear of the law “significantly deters undocumented children from enrolling in and attending school…”
Both private groups and the Obama administration filed lawsuits to block the law considered the toughest in the country.
The court, however, upheld parts of immigration laws in Alabama and Georgia allowing law enforcement to check documents for people they stop.
And the panel left in place an injunction that blocks a section of the Georgia law that allows for the prosecution of people who knowingly harbor or transport an illegal immigrant during the commission of a crime.
In Alabama, the judges sided with opponents of the law on other key points, including challenges to sections that made it illegal to harbor illegal immigrants; made it a crime for illegal immigrants to seek work; and made it a state crime for people in the country illegally not to have registration documents.
The decisions follow a recent U.S. Supreme Court ruling upholding parts of a similar law in Arizona. The Atlanta-based court referenced that decision in its opinion to lift the injunction on the suspect verification section.
Georgia and Alabama are among several states that have enacted anti-illegal immigration laws in recent years. Proponents have argued they are necessary in part because of alleged federal inaction. Opponents have argued that many of the laws are punitive to immigrants and that policy must be steered by the federal government.
Omar Jadwat, an American Civil Liberties Union attorney involved in challenging similar laws in Alabama and Georgia, said the judges stuck down the schools provision “in pretty robust terms” and effectively opposed the sponsors’ stated idea of forcing illegal immigrants to “self-deport” by making their lives too difficult.
“The original idea behind the law, that these provisions would all work together to allow the states to aggressively identify and prosecute undocumented residents, has been shot down,” said Jadwat.
Alabama Republican Gov. Robert Bentley disagreed, saying the court upheld the “essence” of the law.
“The core of Alabama’s immigration law remains that if you live or work in the state, you should do so legally,” said Bentley, who signed the measure. “It is time now to move past court battles and focus on enforcement of Alabama’s law.”
School officials said many Hispanic parents quit sending their children to class immediately after Bentley signed the law, and some families left the state in fear. Local education systems have said many children returned to class, and some immigrant families moved back to Alabama after courts blocked many provisions in the law.
In a statement, Georgia Attorney General Sam Olens said he was generally pleased with the ruling for his state but disagreed with the court on the section dealing with transporting illegal immigrant that is still being blocked.
Jadwat said the organization will continue to challenge so-called “show-me-your-papers” provisions of the state immigration laws.
“The court today rejected many parts of Alabama and Georgia’s anti-immigrant laws, including attempts to criminalize everyday interactions with undocumented immigrants and Alabama’s callous attempt to deprive some children of their constitutional right to education,” he said in a statement. “The court explicitly left the door open to further challenges against the ‘show me your papers’ provision, which we will continue to fight.”
Popular Stories
Does Misstated Marathon Claim Prove Paul Ryan Is Dishonest? (POLL) 678 Comments
‘Jumah at the DNC’ Speaker: ‘Muslims Visited America Prior to Columbus’ & ‘It Was a Muslim’ Who Guided Him to the ‘New World’ 529 Comments
Paper Details Obama Admin’s Alleged Secret Note Sent to Iran: If Israel Attacks, We Won’t Get Involved 417 Comments
Obama: RNC Like Watching ‘Black-and-White TV’ Because Romney ‘Did Not Offer a Single New Idea’ 373 Comments
Roseanne Barr: Most Billionaires ‘Violent Pedophiles’ & ‘Heartless’ Cocaine Addicts 329 Comments
Faith
This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 271 Comments- Pakistani Muslim Cleric Accused of Framing Disabled Christian Girl in Koran-Burning Case Read More
- ‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 280 Comments
Meet the Controversial German Imam Accused of Brutally Beating His Wife & Pushing Sharia Law Read More
‘Self-Proclaimed Messiah’ & Unification Church Leader the Rev. Sun Myung Moon Has Died — Here’s His Life Story Read More
Business
President Obama Issues Major ‘Green Energy’ Executive Order 157 Comments- Germany’s Upcoming Court Ruling Will be Huge for the EU Read More
Ford Looks to Beat Toyota for Best-Selling Car in 2012 With This Model 147 Comments
Bernanke & QE3: Here’s What You Need to Know Read More- ‘Extortion’: Why Did the Labor Department ‘Drop the Hammer’ on Oregon Farmers? 300 Comments
Technology
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 271 Comments
‘TaserDrone’: Hackers Weaponize Quadcopter With Actual ‘Shocking’ Technology Read More
Ever Heard of the Wild ‘Burning Man’ Festival in the Middle of the Nev. Desert? Here’s Your Primer Read More
Stanford Develops Technology ‘Better Than Steroids’ for Athlete Recovery Read More
Have You Pretended to Know What ‘the Cloud’ Is? You’re Not Alone Read More
Submitting your tip... please wait!
Comments (71)
Apple Bite
Posted on August 21, 2012 at 12:09amhttps://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Eleventh_Circuit
GHW Bush: 2
GW Bush: 1
Ford: 3
Carter: 3
Clinton: 4
Reagan: 2
Obama: 2
TWhat does this mean? Simple, those are the number of judges each of the last few Presidents have had a hand in sponsoring.Now, being that you’re on this site, you’re probably smart enough to know where this is leading to, there are a lot of Progressive nominated judges in the 11th…
Why are we surprised with this ruling?
Report Post »Raging_Waters
Posted on August 21, 2012 at 4:00amI’ll bring the tar, you bring the feathers…
Report Post »Detroit paperboy
Posted on August 21, 2012 at 7:35amThe schools get funds for each child enrolled, do you think the unions are gona pass that money up ? Hell no……they want all the illegals they can get in school and on welfare………
Report Post »Kathleen3
Posted on August 20, 2012 at 11:40pmThere would be no illegal aliens nor greedy employers to hire them or school districts that entice them to enroll in order to up the federal monies they receive were it not for corrupted elected and appointed officials who aid and abet all groups.
It is time to purge from office these politicians who are guilty of gross dereliction of duty and violating their oaths of office while simultaneously purging our country of these illegal aliens. Next, it is time to disband the radical, anti-American ACLU. Take back our country before Latino activists, the ACLU, and the U.S. Chamber of Commerce turn our country into a clone of the third world countries the illegal aliens left behind before invading ours.
Report Post »afishfarted
Posted on August 21, 2012 at 12:01amToday‘s judges DON’T rule according to the law. The rule according to precident. One judge rules in favor of illegals and the rest fall in line.
Report Post »Did you see the same court ruled last week that unless you’re a member of a special interest group, you’re not protected by the Constitution? That too was a precident ruling from the 9th circut court. If we don’t change key persons in the legislature, we are most certainly doomed
lukerw
Posted on August 20, 2012 at 11:35pmCenter the Declaration of Independenc… lay out the Articles of Confederation… place the Federalist & AntiFerderalist Pappers… unroll the Constitution… throw away all other laws… AND START OVER!
Report Post »StandingOnMyHead
Posted on August 20, 2012 at 11:14pmEducation is NOT a constitutional right, especially for ILLEGALS!
Report Post »Sirfoldallot
Posted on August 20, 2012 at 11:22pmIt is now , & we will loss our votes 2.
Report Post »stumpy68
Posted on August 20, 2012 at 11:32pmEducation should be something we do for the future
Report Post »enrichment of the country educating people here illegally
or are not going to stay in this country to become an asset
is counter productive.
SquidVetOhio
Posted on August 21, 2012 at 9:05am@STUMPY68
Then you pay for them. I have my own kids to pay for. How dare you or this judge claim the right to spend your neighbors tax money on people who are criminals! I guess you’re ok with giving them free college tuition to make them an even greater asset? Why don’t you move to Mexico so they have another ASSet in their country.
Report Post »stumpy68
Posted on August 21, 2012 at 11:12am@SquidVetOhio
You dont read before posting do you? i said we shouldn’t pay for illegal immigrants education
Report Post »the whole point of public education is a better educated more productive next generation
of united stats citizens now you could argue that schools are not doing that but that’s a separate issue.
KangarooJack
Posted on August 20, 2012 at 11:07pmMy Black & White litmus test is just this…BORN HERE? You ARE an American Citizen. Which means we need to check ALL vehicles and means of transportation to keep OUT the anchor babies.
Report Post »Honestly, it’s a race. Born here/American Soil DOES MEAN you ARE an American. As for your illegal family??????? GO HOME!
stumpy68
Posted on August 20, 2012 at 11:47pmI‘ve no problem giving citizenship to children born here but it shouldn’t be automatically be given to the kids parents sen them all home unless the parents want the child raised by someone living here legally when the child is 18 he/ she can come back as a citizen and resident of the U.S if they wish.
Report Post »F_This
Posted on August 20, 2012 at 11:07pmThat’s another POS federal judge for you. If you are an illegal alien, you don’t deserve to get an education on my dime. Liberals will say, oh but we can’t let an illegal child suffer and not educate them. Hell yes we can and blame the parents for breaking the law and making their children accomplices.
Report Post »POPTARTMONKEY
Posted on August 21, 2012 at 6:22amyou nailed that dude i can’t get a break so why should they theres something very wrong here
Report Post »zipzap
Posted on August 20, 2012 at 10:54pmSo let me get this straight. Federal law says you can’t BE here. But you can GO TO SCHOOL here…..Again, you can’t BE here. But you can go to SCHOOL here. Nope, saying it twice doesn’t make it any less insane or less infuriating. Does Federal law even exist? Or is it some myth we’ve been lied about our whole lives?
Report Post »KangarooJack
Posted on August 20, 2012 at 11:02pmUmmm, in a nutshell? ….
Report Post »Yes.
JimCDew
Posted on August 20, 2012 at 11:27pmThis is Federal Mandate at its most insidious – “We will not enforce immigration law and you, the people, will pay for our refusal by supporting illegel immigrants with your local and state taxes.” Another good reason to get Tea Party candidates elected to office.
Report Post »Female
Posted on August 20, 2012 at 11:45pmTeacher says:
It is wrong to cheat and you will be thrown out if I catch you!
Principal says:
You are forbidden to check for cheating…it is unconstitutional!
Report Post »pumba69
Posted on August 20, 2012 at 10:49pmIf illegal’s got here under their own power, why is it against the law for them to LEAVE under their own power! They are here illegally! What part of that word do Judges not understand? Do they not teach in schools now the English language? If your first act apon entering this country is break the law, why do we want those people here? Breaking the law seems to come easy to them.
Report Post »howltothemoon
Posted on August 20, 2012 at 10:48pmI really don’t get this. I had to supply birth certificates, immunization records and proof of residence in the district to enroll my children in the school system. Now, not only do you not have to have proof of residence or citizenship, you can “constitutionally” TAKE education and other services from others thanks to U.S. citizens just by showing up?
Report Post »Lara
Posted on August 20, 2012 at 10:54pmI feel your pain HOWLTOTHEMOON!! I had to do the exact same thing and again when my son was going to highschool as if he wasn’t ever in their District system when he was at the middle school only 4 min from there!
Report Post »dmforman
Posted on August 20, 2012 at 11:00pmIn our district you need a birth certificate, proof that you live in the district (phone bill, lease, mortgage payment, taxes (2 of these)), a physical, and immunization records. In Chicago, teachers and school secretaries have lost their job for not having a child‘s birth certificate as proof of the child’s age, because it was required.
We have to start having judges who will interpret the constitution as it is and not what they want it to be. Until this nonsense stops, our country is under attack.
Report Post »KangarooJack
Posted on August 20, 2012 at 11:03pmYou should just SEE the ‘Migrant Worker for Equality’ program in my County!
Report Post »termyt
Posted on August 21, 2012 at 8:47amDoesn‘t checking for immunizations wrongly single out children who haven’t been vaccinated?
Doesn‘t checking birth certificates wrong single out kids who aren’t old enough?
Don’t locker searches wrongly single out kids on drugs?
Don‘t condom giveaways wrongly single out kids who aren’t having sex?
Show some compassion, people!
Report Post »amazingphotos
Posted on August 20, 2012 at 10:43pmImmigrants are those who LEGALLY enter a country and attempt to display loyalty to their adopted nation by learning its language and following its laws and customs. Those who enter illegally are NOT immigrants, they are trespassers and invaders. Trespassers and invaders should be granted NO rights, Constitutional or otherwise.
Report Post »PASSIONFORCHRIST
Posted on August 20, 2012 at 11:10pmRight on! totally agree and your are exactly right! See, none of us needs to go to collage or get a degree in law, we know what illegal means! These moron judges need to be fired for not representing the CONSTITUTION for ‘WE THE PEOPLE” as CITIZENS OF AMERICA!
Report Post »blackyb
Posted on August 20, 2012 at 10:40pmThey came in and are using laws from U.S. DHEW (Department of Health Education and Welfare) which covers mile upon mile of policy, rules and regulations that can be altered in about any and all situations. Human Resourses Administration which is the same under DHEW. About anything you can think of can and will reach into the lives of every American Citizen. This needs to be done away with and given to the states to administer. Get these treasonous people out of our Government agencies who are using these agencies to overthrow our country.
Report Post »Skrewedretiree
Posted on August 20, 2012 at 10:39pmThis is why elections are so crucial.
The Courts are stacked with Democrat appointees and the Democrats control most of the elections, so Democrat Judges get elected.
Like, what? You were expecting JUSTICE? Get real…….
Report Post »chicago76
Posted on August 20, 2012 at 10:37pmDoesn’t surprise me Obama tries to protect illegal invaders of our country. Afterall, look at who he is. He has duel citizenship. He owes allegiance to another country other than ours.
Report Post »Exrepublisheep
Posted on August 20, 2012 at 10:43pmProof? Or just spitting up what you were told to spit up.
Report Post »texastommy
Posted on August 21, 2012 at 8:55amWell, whose justice department is sued Arizona over immigration?
Report Post »Skrewedretiree
Posted on August 20, 2012 at 10:37pmWell, look at who is in charge: The DEMOCRATS! You need look no further.
Report Post »blackyb
Posted on August 20, 2012 at 10:36pmIf Communists set up schools and teach older young men and women from anywhere, as well as Obama or they take computer college courses, then I guess they are on our soil locked and loaded while reading a few books?
Report Post »Morgue
Posted on August 20, 2012 at 10:34pmI guess the million dollar question is who CAN check whether someone is an illegal alien or not? Apparently the Constitution (as interpreted by Liberals) prohibits anyone except the Federal government from doing it, but the problem is that the Federal government refuses to do it by direct orders from the President.
So I guess the President can not only choose not to enforce laws, but also actively keep anyone else from enforcing law that he doesn’t like. Liberals may love this now, but what will they say when their guy isn’t in office anymore, and a Republican is using these new powers?
Report Post »Walkabout
Posted on August 20, 2012 at 10:47pm“the Constitution (as interpreted by Liberals) prohibits anyone except the Federal government from doing it,”
That is exactly the problem.
Report Post »Exrepublisheep
Posted on August 20, 2012 at 10:52pmGreat post. I use to wonder what would happen (When Bush was the pres) if the right would be happy giving all the “Patriot Act” powers to a lefty Pres. They’re not,lol.
Report Post »1TrueOne55
Posted on August 20, 2012 at 10:31pmJust because you were born here as a child does not make you an automatic Citizen. The 14th Amendment is meant to keep children from foreign parents getting birthright Citizenship ie foreign representatives of other countries whose wives get pregnant in the US and give birth inside a US Hospital does not gain US Citizenship.
Illegal alien parents also fit in that category since they have not filed for or completed the Citizenship process their children born inside our borders should/would fall under that same umbrella in my opinion. Birthright Citizenship was also enacted for Slaves that were never given Citizenship since they were considered property and after losing the War Between the States in 1865 some slave owners were going to ship their slaves out of the country. Part of that legal fight ended up becoming the part of the 14th Amendment.
Report Post »Walkabout
Posted on August 20, 2012 at 10:44pm“In 1865 some slave owners were going to ship their slaves out of the country. Part of that legal fight ended up becoming the part of the 14th Amendment.”
What do you mean slave owners? Ya, they were. But more importantly they were Democrats
Report Post »Chet Hempstead
Posted on August 21, 2012 at 3:25amJust because you were born here as a child does make you an automatic citizen. Everybody has to be a citizen of somewhere, and you can’t be a citizen of somewhere you’ve never even been to and not a citizen of the only country you’ve ever lived in.
Report Post »modilly
Posted on August 20, 2012 at 10:23pmWhere is it in the Constitution that the “right to education” is stated? This activist court is creating rights where they don’t exist. God is the only legitimate right giver. Government creating rights also can eliminate them. This is Progressivism.
Report Post »JimCS
Posted on August 20, 2012 at 10:32pmEqually important… since when does the Constitution of the United States apply to anyone other than citizens of the United States.
Report Post »booger71
Posted on August 20, 2012 at 10:46pmIf State and local cops can’t enforce immigration laws then they should not enforce any federal laws. Take a stand.
Report Post »Walkabout
Posted on August 20, 2012 at 10:21pmWhere is the Constitutional right to an education? There isn’t one.
It is a good thing to be educated & we should do it, but there isn’t an enumerated right in the Federal Constitution. Sate Constitution is another matter.
Seems when you enforce the law people deport themselves.
The Mexican government deports illegals. they would never educate them. But then Mexico is ahead of us in many ways such as requiring voter ID.
It would be a different matter if we would try to assimilate the illegals in school & elsewhere. but we don’t. The Democrats still control most things. The want multiculturalism & America being a tossed salad instead a melting pot. Well the multi-culturalist are destroying America.
We could have an Amnesty #2. We could try to assimilate the illegals by & large they are Christian from an European derived Culture. But who did not fund border security for Amnesty #1. Tip O’neil and /or other Democrats. They ran the House of Representatives. They controlled the budget.
Report Post »The Democrats also had a lock on Mass media until the late 1990s too. With Fox news, talk radio & the internet that is fading. Democrats are to blame!
kitcarker
Posted on August 20, 2012 at 10:18pmWhy are common sense checks and balances blocked when it comes to measuring the impact of illegal immigration. I think because if we knew the true costs associated with their burden, we would not take it as a public
Report Post »blackyb
Posted on August 20, 2012 at 10:18pmAll Americans should take their children out of public schools and let the illegals support them.
Report Post »blackyb
Posted on August 20, 2012 at 10:32pm‘…let illegals support the school…’
Report Post »wisehiney
Posted on August 20, 2012 at 10:17pmTEA Partier John Brunner into MO Senate seat!
Report Post »blackyb
Posted on August 20, 2012 at 10:17pmSo, does that mean Obama could take a computer college class and we could not check his immigration status? Perhaps he is doing all of this to protect himself and his illegal friends who are here to overthrow this government. Those who enforce what the administration is upholding are harboring fugitives which illegals are. Illegal “laws” do not have to be obeyed. All this suing back and forth means nothing when you have a criminal in the White House and in the Justice Department and those surrounding the criminals who are attempting to overthrow this government from within.
Report Post »FEWL
Posted on August 20, 2012 at 10:15pmWtf?
Report Post »Impenitent
Posted on August 20, 2012 at 10:11pmhave to show your immunization record but not proof of citizenship?
Report Post »Walkabout
Posted on August 20, 2012 at 10:36pmThe judges are writing law based on what they think is right not based on the law as it is written & logic.
Maybe we should educate the kid of an illegal until we deport or we decide to let them stay. I think we should. But that is not up to a judge. It is up to the legislator. But between Congressmen who look out for themselves (most get rich in Congress/ both sides), sling mud better instead of defending principles with principled arguments based on solid philosophy, logic & accountancy than craft rhetoric, … this is what we get.
We have a press that lies like Newsweek & many fellow citizens that lie too.
We are going to win the Voter ID argument. We are going to win the border enforcement argument. But is will be slow. It will be a slow as Newsweek’s overdue death.
I have posted back & forth with an American citizen that think a border fence costing 25 billion or whatever it is is too much. It is going to take long time to get the numbers to back that type of it ignorance. Well it wasn’t all ignorance, she had Mexican in laws in her family, so she had a good reason. They were probably illegal.
Report Post »