Federal Judge Allows Key Parts of Ala. Immigration Law to Stand
- Posted on September 28, 2011 at 2:07pm by
Jonathon M. Seidl
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U.S. District Judge Blackburn (Image via AP)
BIRMINGHAM, Ala. (AP) — A federal judge refused Wednesday to block key parts of Alabama’s new law targeting illegal immigrants, including its requirements to check the immigration status of juvenile students in public schools and for police to verify the status of those they suspect of being in the county illegally.
U.S. District Judge Sharon Blackburn blocked some other parts of the law, which both supporters and critics say is the nation’s toughest clampdown on illegal immigration by a state.
Blackburn wrote in her ruling that federal law doesn‘t prohibit the law’s provisions on students or suspects pulled over by police. She didn’t say when those and other parts of the law could take effect, but her previous order blocking enforcement expires on Thursday.
She temporarily blocked four parts of the law until she can issue a final ruling. Those measures would:
- Make it a crime for an illegal immigrant to solicit work.
- Make it a crime to transport or harbor an illegal immigrant.
- Allow discrimination lawsuits against companies that dismiss legal workers while hiring illegal immigrants.
- Forbid businesses from taking tax deductions for wages paid to workers who are in the country illegally.
Blackburn heard arguments from opponents including the Obama administration, immigrant-support groups and civil libertarians before it was supposed to take effect Sept. 1. The Justice Department contended the state law encroaches on the federal government’s duty to enforce immigration law, and other opponents argued it violated basic rights to free speech and travel.
She put the entire law on hold last month, but didn’t rule on whether it was constitutional, saying she needed more time.
Similar, less-restrictive laws have been passed in Arizona, Utah, Indiana and Georgia, and federal judges already have blocked all or parts of those.
Immigration became a hot issue in Alabama over the last decade as the state’s Hispanic population grew by 145 percent to about 185,600. While the group still represents only about 4 percent of the population, some counties in north Alabama have large Spanish-speaking communities and schools where most of the students are Hispanic.
Alabama Republicans have long sought to clamp down on illegal immigration and passed the law earlier this year after gaining control of the Legislature for the first time since Reconstruction. GOP Gov. Robert Bentley signed it, saying it was vital to protect jobs of legal residents.
Both supporters and critics say it is the nation’s toughest partly because of a section that would require public schools to verify the citizenship status of students and report statistics to the state. Illegal immigrants wouldn’t be barred attending public schools, but opponents contend the law is designed to decrease enrollment by creating a climate of fear.
The law also would make it a crime to knowingly assist illegal immigrants by providing them a ride, a job, a place to live or most anything else. Church leaders have complained that component would hamper public assistance ministries. The law also would allow police to jail suspected illegal immigrants during traffic stops.
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Comments (69)
BobtheMoron
Posted on September 28, 2011 at 7:55pmI live in Florida and see illegals every day. A woman 4 foot something with a child walking behind her, one in the stroller, holding the hand of another and her pregnant belly about to pop. He husband drives a new expensive Ford pickup, chrome wheels, dual cab (necessary for all those little illegal wetbacks) and big expensive tires and wheels. They are probably drawing welfare and food stamps while he works under the table. I spoke to him once, he barely understands English and speaks very little of it. He certainly isn’t legal, but there is nothing I can do. Go get ‘em Alabama!
Report Post »GulfPeg
Posted on September 29, 2011 at 5:47amYes, I see these I L L E G A L S in the grocery store everyday, paying with food stamps. They have one little “rat” in the oven, two in the shopping cart and two behind her. They have cell phones, huge SUV‘s and the women don’t work. They are too busy “working” producing more little “rats” (anchor babies). Then, Rick Perry gives money for higher education!
Report Post »closetotheedge
Posted on September 29, 2011 at 8:55amYes Indeed, May the Judge inforce the law to the fullest. I stand strongly with th AZ. law and in all States that have the balls to stand again’st the Fedzilla and there attempts to SUE the States. We see what this Oba n Co’ have from the beginning in Jan 08, exactly what there goals are, and they ain’t for the USA but the destruction of our country,our Constitution,Bill of Rights and Declaration of Independence, and to promote Islam and back regimes like Muslum Brothehood who H.Clinton said “We can work with the MB who from inception has called for the genecide of Israel and all Jews and Christians, along with Hamas,Hezballa,Syria Iran etc etc. Oba is a traitor along with all that back him. What do we do with traitors? We try them in a court of law. But the time is far passed and we must prepare for what is coming upon our nation,our geographics and the EU and get rid of the UN! Our Constitution forbids signing treaties with this block . Stand up people,this might have been our last Independence Day, Canada / USA and the war with Mexico. Our troops there and it’s over in 1 month. Positively!!! Do it Oba,or do it Cal,AZ,NM TX Shalom, A Christian Patriot
Report Post »Capt. Ron
Posted on September 28, 2011 at 7:30pmI wish all states would follow along with this law a couple of years we would not have a illegal problem!!!
Report Post »thegreatcarnac
Posted on September 28, 2011 at 6:36pmIf it takes a hundred years….deport all illegals and their children. Begin NOW! BTW…at least Alabama is trying to stem this tide of stupidity.Good for them.
Report Post »seldomscene
Posted on September 28, 2011 at 6:26pmFlat tax, borders. language, culture, oil and gas production, no UN, no aid to our enemies…what a great start that would be.
Report Post »MSMOM
Posted on September 28, 2011 at 6:06pmIsn’t it amazing, I have to prove i’m insured, but no one has to prove citizenship!!
Report Post »Paulzy
Posted on September 28, 2011 at 5:00pmThey took our jobs!!!
Report Post »calijohn
Posted on September 28, 2011 at 5:49pmwhich job did you miss out on because of illegal immigration?
Report Post »jayjayson
Posted on September 28, 2011 at 8:08pmI had a side business doing the books for a few mom and pop companies. All of them have gone out of business now. There are new companies doing the same things, and in the same places. I however can’ do there books because I am native born and they are not. I reported infromation I had to ICE and the reply was that they didn’t have resoruces to follow up on such a small lead.
Report Post »ares338
Posted on September 28, 2011 at 4:48pmI think we should just invade Mexico and have one giant country. Those dummies can’t run it anyway. Why do you think they’re all headed north?
Report Post »abbygirl1994
Posted on September 29, 2011 at 2:41amThats nuts… we have enough corruption here.. there the drug Lords have killed over 3000 of their own people.. why would we ever want to open that can of worms much less the border???
Report Post »loadingmyclips
Posted on September 28, 2011 at 4:28pmFreakin” Illegals OUT !!!!!
Report Post »majorsco
Posted on September 28, 2011 at 4:21pmFor once there is a judge that’s not in the tank on the left. Impartiality in the legal process is an important aspect that activist judges trample daily.
Report Post »AZ Prosecutor
Posted on September 28, 2011 at 4:10pmTime for AZ’s law to be upheld. But we had a wacko judge who went along with JayNap, EHold, and Obummer.
Report Post »bruce_baker
Posted on September 28, 2011 at 3:42pmThree things draw the illegals here:
1) free healthcare/welfare/education
2) jobs
3) citizenship for their illegal babies
Forget the fence. Clamp down on those three things and the illegals already here will self-deport, and no more will come. Problem solved.
Report Post »isit1984yet
Posted on September 28, 2011 at 4:25pmYou are correct as correct can be. But I think we still need a fence to make it harder for other types of illegals whose motivations are moving illegal drugs and of course those who have terror on their minds.
Report Post »Sheepdog911
Posted on September 28, 2011 at 4:32pmThey always whine that it’s racism, blah, blah, blah. Last time I checked, Illegal immigrants come in all races and mixes, every country, etc. How is it racist to prohibit an illegal Norwegan or Dane, just like you do an illegal Mexican (Hispanic is an ethnicity not a race by-the-way) or an illegal Nigerian? Sorry people, but the facts just don’t begin to support the racism claims. Put a bounty on their heads (alive of course), but pay businesses to turn in illegals applying for jobs. Heck, give them tax breaks for it. Just get rid of them. We cannot be a nation of laws until we enforce the most basic law of a nation, it’s borders.
Report Post »TomFerrari
Posted on September 28, 2011 at 5:06pmIt is impossible to fully clamp down on illegals working under the table/off the books.
LA Times did an article in the past year, stating that 40% OF ALL MONEY that changes hands in L.A., does so, UNDER THE TABLE! Can you IMAGINE how many BILLIONS change hands in LA?
How will you EVER ‘crack down’ on someone who pays an illegal to mow their lawn? To clean their house? etc?
It is easier to clamp down on BUSINESSES, but, even they hire day labor out of petty cash, legally from time to time, so, it is easy enough for them to hire ILLEGALS also.
No, a SECURED BORDER is the only solution.
Report Post »It will also destroy the drug cartels overnight!
With no way to get drugs to the U.S., they can’t sell them.
If they can’t sell them, they can’t get money from them, so they’ll stop!
DRUG CARTELS ARE ALSO CAPITALISTS !
They won’t continue in a business that is not profitable.
Mexicans should DEMAND a secure & sealed border for that reason alone!
Imagine the THOUSANDS of murders that would have been prevented if the borders had been secure!
BUILD THE FENCE!
Fences are a DELAY to allow Border Patrol time to arrive.
Finish the video surveillance system! It works in groceries, in streets, in casinos – it will work on the border.
Send more agents TO THE BORDER – obama LIES when he says “more agents than ever before”.
Why is it a lie? Because, they are not “ON THE BORDER” He sent thousands to push pencils and to patrol EIGHTY MILES INTO THE U.S. – NOT “ON THE BORDER”!
Edct
Posted on September 28, 2011 at 5:42pmThe anchor babies are illegal and against the original intent in the constitution and it needs to be reversed and be retroactive. The constitution intent was that a legal citizen having a baby here would grant the baby the rights of an American. There is a repersentative in California of all places who is trying to stop this illegal mex wet backe crap and I hope he is successful. We have to spot this BS and giving in to the illegal wet criminals, like Perry, and I hope it costs him the nomination. I know I won’t vote for him because he wants to give Texas taxpayer money to illegals children. On the blaze there is a story of a wet backe drug lord’s wife coming here and giving birth to a litter of mex twins. Stop this crazy crap and call your representative. Also join numbersusa.com and fairus.org.
Report Post »pattybbb1
Posted on September 28, 2011 at 11:38pmYou’re correct. It’s estimated up to 35% illegals have already moved out of one county in Alabama and unemployment in that county has went down a bit. Alabama motto: ‘We dare defend our rights!’…. Alabama gal here.
Report Post »dan@AL
Posted on September 28, 2011 at 3:24pmI am proud to live in Alabama! Maybe they will start to move out of our state by the 1000′s
Report Post »Nlitend1
Posted on September 28, 2011 at 3:59pmI live in Alabama as well, I own a home and a car. It sure is nice to know the government is getting involved in who I can put in my car and home because that freedom was not important anyway. I also like that the government has decided to crack down on this huge problem (Alabama has the lowest rate of illegal immigration in the country) and I have no problem with taking on the burden of hiring all of those regulators to enforce the law (audit all the children in schools, check the status of all the renters and car occupants). Of course, the cherry on top is that Alabama, as a state, reestablishes itself as the least tolerant in union (who wants to be behind Arizona and South Carolina). While that may be a badge of honor to many of you on this site, I personally put it somewhere behind our ranking of 48th in education, 49th in obesity, and 50th in dental hygiene in order of importance. I imagine laws addressing those (actual) issues are pending until we sort this one out. btw, roll tide
Report Post »chips1
Posted on September 28, 2011 at 4:16pmNLITEND1:
Report Post »It started with only 1 muslim and now the White House is controlled by terrorists. Hum! Wonder how that happened?
RabidPatriot
Posted on September 28, 2011 at 4:23pm@nlitend1
Report Post »Only a liberal would speak of “tolerance” of illegal activity as a positive thing. Right now, other do-nothing liberal states like CA and NY are drowning in debt and high taxes to pay for their tolerant sanctuary policies. Alabama is just trying to make their state undesirable for illegal immigrants so they move to dumb tolerant states to be parasites. Good for Alabama for having the fore thought to do something about it before it’s a huge problem.
M 4 Colt
Posted on September 28, 2011 at 4:28pmNliten1 this is how it starts, first a slow flow of illegals then the flood gates open and you will find yourself over run with them, i know what i am talking about i use to live in Arizona. I do have to say that i don’t think that you live in the state at all, from your comments you seem to be trying to provoke a conflict with other Blaze posters here that may agree with and support this state law.
Report Post »Blackhawk1
Posted on September 28, 2011 at 4:54pmNlitend1
48th in education, 49th in obesity, and 50th in dental hygiene in order of importance.
So it looks like you want your State Government to police what it’s citizens eat, how often they brush their teeth, and escort students to school and monitor what they learn. Sounds like you want to live in a communist state.
How about they enforce laws already on the books because the Federal govt isn’t doing it like making sure illegal aliens are uncomfortable because they are law breaking criminals and should be treated as such. Leave the Freedoms for legal citizens alone.
BTW you are far from enlightened!
Report Post »Nlitend1
Posted on September 28, 2011 at 6:42pm@ M4 Colt
I live in Alabama and I work for tea party candidates in Mississippi…I’ve said that in a previous post not related to this state. Also, why would anyone claim to live here if they didn’t?
@Chips1
you are an idiot.
@RabidPatriot
Report Post »you have it backwards, i am not advocating for tolerance toward illegal activity, I am questioning the expansion of what is illegal. When the PATRIOT ACT was made law it sacrificed a number of liberties for safety, just like this law is doing (although not to same extent). I was a proponent of the act at that time because the danger was imminent, however, you’ll note that many provisions of the patriot act are still in place 10 years and 2 wars later. My point is that while fear and danger recede, the liberties we lose in exchange for our piece of mind are rarely returned. I don’t know about you, but I like my freedom. I guess I must be a liberal for feeling that way.
Nlitend1
Posted on September 28, 2011 at 7:03pm@blackhawk1
Report Post »You have flawed logic and make a number of dubious assumptions. Using the exact logic and making the assumption that you approve of the legislature’s right to make this law, I could say that you want the government in your car and in your home, deciding how you run your business and who is not entitled to an education. Logically, I could also assume that you have no value for education, health, and that you have no teeth. You all seem to assume that I am pro illegal immigration, simply because I am justifiably concerned over the government’s overreach. Let me ask you a serious question…would you oppose a law that executed illegal immigrants? Would that be too extreme for anyone here? I’m pretty sure it would alleviate the burden that these poor souls lay on us. How about a law that cuts off the hands of thieves? Saudi Arabia has virtually no petty theft.
dan@AL
Posted on September 28, 2011 at 3:21pmI love my great state of Alabama!!!!! I wish she had let it all stand but I will take this over what Arizona got on their law.. I am sure its not over but I hope and pray it is enough to drive these social leaches from our great state. GOD BLESS THE SOUTH AND GOD BLESS THE REPUBLIC!!!!
Report Post »NuffSaid
Posted on September 28, 2011 at 2:51pmNow that you’ve got a leg up on the illegal problem, when will you all start building that fence along the Georgia border?
Report Post »cemerius
Posted on September 28, 2011 at 3:09pmI like the idea of “static” fences…. Outposts that are based there in fortified listening posts and observation posts……
Report Post »Micmac
Posted on September 28, 2011 at 2:44pmTime to go into the coyote biz.
NoBama 2012
Report Post »chips1
Posted on September 28, 2011 at 4:21pmW.H.O.A. (******* Hunters of America)
Report Post »UlyssesP
Posted on September 28, 2011 at 4:48pmYou mean a water soaked, large posterior area of the human body, rising from the top of the buttocks to the back of the neck and the shoulders?
Report Post »RichNGadsden
Posted on September 28, 2011 at 2:43pmHope to catch the local news on the more liberal stations in Birmingham tonight. I expect a lot of whining and boo hooing from them. Hopefully, one of FNC’s nightly shows will give us the true full scoop of what has really happened. Just getting a trickle of info on the radio.
Report Post »dan@AL
Posted on September 28, 2011 at 3:26pmGot to agree with you neighbor I live right next door in HB home of the Eagles
Report Post »commonsenseguy
Posted on September 28, 2011 at 2:42pmso now it is not illegal to harbor or transport illegals, wtf?? then why are we defending our boarders, plus it is now illegal to stop illegals from soliciting work, wow, we are screwed , okay if you can stop them from soliciting for work, how about you fine them are tax them when they do work,how about when you catch them being transported illegally, you fine them and the driver and tax. and when someone is caught harboring illegals, you fine them and tax them, we have pay taxes,so tax the heck out of them, we are screwed,inside out and up side down screwed.
Report Post »theaveng
Posted on September 28, 2011 at 2:49pmYou read it wrong. The judge struck down parts of the AZ law “making it a crime for an illegal immigrant to solicit work or for anyone to transport or harbor an illegal immigrant.”
Report Post »commonsenseguy
Posted on September 28, 2011 at 2:56pmsorry my bad, my mind was just about to implode. reread and will correct thanks.
Report Post »boncarbo7
Posted on September 28, 2011 at 3:18pmI think you read the story right: This is what I read:
She temporarily blocked four parts of the law until she can issue a final ruling. Those measures would:
- Make it a crime for an illegal immigrant to solicit work.
- Make it a crime to transport or harbor an illegal immigrant.
- Allow discrimination lawsuits against companies that dismiss legal workers while hiring illegal immigrants.
- Forbid businesses from taking tax deductions for wages paid to workers who are in the country illegally.
Report Post »Gonzo
Posted on September 28, 2011 at 2:41pmAccording to Rick Perry, that judge doesn’t have a heart! As a matter of fact, every cardiologist in the state of Alabama is now unemployed!
Report Post »commonsenseguy
Posted on September 28, 2011 at 2:50pm@gonzo, NOW THAT’S FUNNY. thought you might like to know, i went fishing this morning, and every fish i caught had ticks on them ,but most of all not one illegals did i see tubing the river. anyway,did go fishing it was a good morning, hope you have a good day and even better tomorrow,because the way we are going,good days maybe few and far between.
Report Post »Gonzo
Posted on September 28, 2011 at 3:02pmHey Common, still no rain?
Report Post »commonsenseguy
Posted on September 28, 2011 at 3:14pm@gonzo, not enough to settle the dust, needed bad, sold my last few cows, not water,not hay, hopefully things will get better, at lest we are a live,and still have a job,{ part time } a home and a good wife.and most of all god.
Report Post »NeoKong
Posted on September 28, 2011 at 2:40pm“Blackburn said in her ruling issued Wednesday that federal law doesn’t prohibit the state from requiring schools to check the immigration status of students or from requiring police to determine the status of suspected illegal immigrants.”
Then why can’t they do it in Arizona…..?
Report Post »OneCitizenOfTheRepublic
Posted on September 28, 2011 at 2:44pmJust two of the laws relating to fines and imprisonment for Illegal Aliens and those who harbor or transport them…
According to existing federal laws:
United States Code:
TITLE 8 CHAPTER 12 SUBCHAPTER II Part VIII § 1325 Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Report Post »Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this su
commonsenseguy
Posted on September 28, 2011 at 2:44pmthey came check all they want but it does not matter, they can’t stop them, they must educate them and the police can’t arrest them for being here illegally.so Arizona is just screwed like the rest of this country under this administration
Report Post »commonsenseguy
Posted on September 28, 2011 at 2:53pm@one, just because those laws are written, does not mean the government will enforce them as we have seen, heck liberal judges can’t even read or administer the laws right, what good is it to have laws,if no one can enforce them.
Report Post »Texas Hills Patriot
Posted on September 28, 2011 at 4:34pmPolice officers who ignore officials who violate Section 8 USC 1324[a](1)(A)[iv][b](iii) are committing a Section 274 federal felony. Furthermore, according to Federal Immigration and National Act of 1952, if you live in a city, county or State that refuses to enforce the law for whatever reason, the officials making those rules are financially liable for any crime committed within their jurisdiction by an illegal alien.
I guess the mayors of all those sanctuary cities figure that this will never be enforced.
Report Post »cjgemelli
Posted on September 28, 2011 at 2:36pmSo, which part of ILLEGAL do these idiots not understand? Has the definition for illegal changed?
Report Post »HKS
Posted on September 28, 2011 at 2:43pmIf we can send Obumer to pasture these problems can be fixed.
Report Post »Gonzo
Posted on September 28, 2011 at 2:55pmHKS, like Bush did? They ALL want the Mexican vote. Can you see Romney or Perry doing anything? We need an outsider on the inside.
Report Post »TEALICIOUS
Posted on September 28, 2011 at 2:28pmSomething is better than nothing!
Report Post »bum
Posted on September 28, 2011 at 2:25pmshe should have let every peice of that legislation stand. i live in Alabama and these folks gotsta go! You hear these horror stories about the farmers losing their cheap labor well guess ya shoulda hired Americans! Take some of these lazy asses off welfare and they’ll get out in the field i gaurrranteee! If i didn‘t have food or work i’d damn sure do it.
Report Post »alcarfl
Posted on September 28, 2011 at 2:24pmGotta start somewhere. Alabam’s border is the Gulf of Mexico. Let’s deal with Texas, New Mexico, Arizona and California borders, first. Bring home our trips and post them at our southern borders. Give them a positive set of rules for engagement. Let them fulfill the job they have trained for and vowed to carry out, here on our turf. End ALL foreign aid, for any reason, NOW. Who in DC has the balls?
Report Post »OneFunR6
Posted on September 28, 2011 at 2:18pm“…making it a crime for an illegal immigrant to solicit work or for anyone to transport or harbor an illegal immigrant.”
I vote YES.
Report Post »Snowleopard {gallery of cat folks}
Posted on September 28, 2011 at 2:26pmOn the part of transporting illegal aliens, if they do so knowingly and willingly, then fry them.
Report Post »commonsenseguy
Posted on September 28, 2011 at 2:47pmunfortunately our vote don’t count, we have to obey the rules and laws,but judges don‘t and this administration don’t so i guess that means illegals don’t have to obey laws either.
Report Post »mankind7375
Posted on September 28, 2011 at 2:18pmIt’s a start
Report Post »republapig
Posted on September 28, 2011 at 2:22pmThey yus want yobs.
Report Post »On The Bayou
Posted on September 28, 2011 at 2:29pmWe need the rest of the states to get on board.
Report Post »