Appeals court stops Alabama schools from checking students' immigration status

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(CBS/AP) BIRMINGHAM, Ala. - A federal appeals court has blocked Alabama schools from checking on the citizenship status of new students. The provision was part of the state's tough new immigration law.

The 11th Circuit Court of Appeals ruled Monday that the provision wrongly singles out children who are in the country illegally.

According to CBS News legal analyst Andrew Cohen, Alabama is the only state that has attempted to check on the immigration status of its residents. The federal appeals court argued that citizens should have a constitutional right to be free from citizenship checks in schools.

While there may be an attempt to bring this case to the Supreme Court, Cohen believes the justices may not be interested in revisiting the immigration debate so soon after they made the decision over the Arizona case regarding S.B. 1070. S.B. 1070 -- the law that allowed a police officer to check a person's immigration status if they are stopped -- was kept in place, but three provisions were declared unconstitutional.

The appeals court separately says Alabama police can continue checking immigration documents for people they stop.

Both private groups and the Obama administration filed lawsuits to block the law considered the toughest in the country.

The 11th Circuit was the first appeals court to consider the school's provision.

[ammo17]

children of this country have to leave college and move back home with their parents,yet these liberal judges and this administration want to have illegals have an education on our dime.i can`t wait to get this man out of the whitehouse.

[KansasCity-2012]

When Americans go overseas and enter school, they are schooled at no charge. It is an international treaty. The value of a child in school is far greater than all the crime caused by a child without education roaming the streets learning to survive through crime.

The public funding for school in this nation was finally made a reality in the late 1800's over passage of a crime bill. Crime fighting is best done by showing children an honest way to make a living and applying their education.

[rightontarget]

Public funding for public schools IS great FOR OUR OWN KIDS and even for those who have visas, green cards or whatever TO BE LEGAL. I say the same should apply to American kids overseas LEGALLY in other countries. IT'S THE ILLEGAL PART I HAVE A PROBLEM WITH!!! If there are Americans living ILLEGALLY overseas then that country SHOULD KICK THEM OUT. And ANYBODY from ANYWHERE who is in this country ILLEGALLY needs to be KICKED OUT, period!

[rightontarget]

The 11th Circuit Court of Appeals ruled Monday that the provision wrongly singles out children who are in the country illegally.
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"wrongly singles out children who are in the country illegally"??????? Really????????????????? There is NOTHIING WRONG with singleing out ANYBODY who is in our country ILLEGALLY!!! THEY DON'T BELONG HERE!!!!!!!!!!!!! It doesn't matter WHERE they came from or HOW they got here. Bottom line is that are getting away with being here illegally while thousands of REAL LEGITIMATE IMMIGRANTS had to go through the system and did it the RIGHT way. ILLEGALS being allowed to remain here is an INSULT to all those wonderful LEGAL immigrants who helped make our country great. If you STEAL something (in this case your residency) you should NOT be allowed to keep it!!!!!!!!!!!!!!

[ammo17]

another reason for photo id`s .

[AOCGUY]

You want 1st graders to carry photo id?

[rightontarget]

AOCGUY, The parents SHOULD be required to provide proof of citizenship when they register their kids for school. Years ago when I registered my own kids I had to provide a copy of their birth certificate. Why has that changed???? EVERYBODY should be required to provide that.

[ammo17]

up here in new jersey they are always checking the residency of students form one city to a school in another district.i guess the illegls do have more rights then the legal citizens.

[sadiedog1]

i think that people that are against or oppose our immigration law's should not be here either . it's getting so that illegal's have more right's than americans !!!!!!!!!!!

[bluejacket2-2009]

So five year olds don't need a passport to go to school anymore... Alabama must be upset now, oh, no more spanking kids either Alabama!

[freeamerica31]

Why is it so wrong to require proof of citizenship or legal entry into the U.S.?

Where does it say we are required to pay for the children of illegal immigrants?

The Federal Courts are wrong. Maybe it's time we stop collecting property taxes for schools and send a bill directly to the parents.

[ludvig1-2009]

How dare the court step in and stop the bullies from the Repuglican party from picking on little kids.

[TitBits]

Why have any law makers in this country? Why even elect them? Why put any law to peoples vote i? Every frigging law is challenged by some group, or overturned by a judge or challenged by the president... This contry is going to dogs and the chinese know how to exploit it.... Putin is a ticking TB..... The chinese have purchased most assets here that this will no longer be the nation that was built by the founders..... Sad story ... Likr rome, greece, spain, britain, russia, etc... Have u noticed that most asian nations have survived ... African nations ar worst , middle east is expanding...

[DustNDesert]

@louisville223

Check facts where? The mass media that reports what they want in the manner they want? I think NOT!

I LIVE in Arizona - Border Patrol agents I know laugh at the media statistics and idea that more are deported than come in.

They said for every 200 they deport from one group alone, another 300 come in that day. You do the math and stop believing lying reporters.

[gretmw]

Guess that means those border patrol agents aren't doing what they get paid for, time to privatize them. That's the rights solution.

[DustNDesert]

No, gretmw, it means that their hands are so tied by the latest round of Fedeal rulings and executive orders they can't do their jobs. Think about it --- if the BP doesn't catch them at the time they're crossing, then there's a better than even chance they won't be caught. Who's going to do it? The police and sheriffs are now also hamstrung by ICE's refusal to respond to their questions about legal status.

Check it for yourself.