Judge ruling keeps most of immigration law
Published 4:16 pm Wednesday, September 28, 2011
Much of Alabama’s new immigration law is set to go into effect after a ruling Wednesday by U.S. District Judge Sharon Blackburn.
Key parts of the bill, like those requiring schools to check the citizenship status of students and law enforcement officers to do likewise for people pulled over, were kept.
In her 115-page order, Blackburn blocked four parts of the bill from becoming law.
Those parts of the bill would have made it a crime for an “unauthorized alien” to seek work and for citizens to help, harbor or transport those in the country illegally.
The other two parts of the law struck down for now would have prohibited employers from deducting the wages they pay unauthorized aliens from their state taxes and allowed people to sue for discrimination if they were looked over for jobs or fired in place of illegal workers.
Blackburn’s injunctions may not be permanent, though — the above provisions are pending a final judgment from her at a later date.
Many parts of the law were kept, but it’s not immediately clear when they will go into effect.
Parts of the law allowed by Blackburn require schools to check the citizenship status of students and for police to do the same for people they detain — where there’s “reasonable suspicion” the suspect is here illegally.
The law also makes it a crime for illegal immigrants to apply for a driver’s license, license plate or business license and requires them to carry paperwork documenting their citizenship status.
Other provisions mandate drivers carry their driver’s license with them at all times or risk being detained, and it nulls contracts between “a party and an alien unlawfully present in the country.”
The lawsuit was brought by the Obama Administration and U.S. Department of Justice, which will likely appeal Blackburn’s opinion.
State Sen. Cam Ward, who voted in favor of the bill, said the judge’s ruling was a victory for people who support tougher immigration laws.
“I think it was definitely a victory for the proponents of the new law,” Ward said.
He said the ruling addressed some issues he was concerned about, like law enforcement officers being personally sued for not enforcing the law.
Ward said he has heard concerns about the policy, especially from the agricultural community and their use of immigrant workers, and said those concerns need to be addressed.
“I think we will look at that when we go back into session in February,” he said.
State Rep. Kurt Wallace was pleased with the ruling and said he agreed some changes are likely when lawmakers go back into session early next year.
“I’m pleased with the ruling we got. It’s definitely a win for us. The basic tenets of the bill we were after, we got,” said Wallace. “We know there were going to be challenges to it. I’m sure, the next session, you’ll see some amendments to this bill.”