Court to Ala.: Don't check students' immigration
People listen to others voice their concerns about Alabama's controversial immigration law at a town hall meeting at Glen Iris Elementary School in Birmingham, Ala. / AP Photo/The Birmingham News
Updated at 3:39 p.m. ET
ATLANTA - A federal appeals court on Friday blocked a key part of Alabama's law that requires schools to check the immigration status of students, temporarily weakening what was considered the toughest immigration law in the nation.
The 11th U.S. Circuit Court of Appeals also blocked a part of the law that allows authorities to charge immigrants who do not carry documents proving their legal status. The three-judge panel let stand a provision that allows police to detain immigrants that are suspected of being in the country illegally.
The ruling was only temporary. A final decision on the law won't likely be made for months.
CBS Radio News chief legal analyst Andrew Cohen reports that the ruling increases the likelihood of the Alabama law and Arizona's similarly controversial immigration law going to the U.S. Supreme Court.
"The Alabama law has gotten further than the Arizona law did even though it's arguably more intrusive of federal power and authority over immigration policy," said Cohen. "I don't see how the Supreme Court will be able to avoid these cases."
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Groups who challenged the law said they were hopeful the judges would eventually block the rest of it.
"I think that certainly it's a better situation today for the people of Alabama today than it was yesterday," said Omar Jadwat, an attorney for the ACLU, which challenged the law along with the Obama administration. "Obviously we remain concerned about the remainder of the provisions, and we remain confident that we will eventually get the whole scheme blocked."
Supporters of the law also claimed a partial victory.
Alabama House Speaker Mike Hubbard, who championed the law, said the "most effectual parts" of the law will remain in place.
"We've said from the beginning that Alabama will have a strict immigration law and we will enforce it. Alabama will not be a sanctuary state for illegal aliens, and this ruling reinforces that," he said.
The judges also let stand parts of the law that bar state courts from enforcing contracts involving illegal immigrants and make it a felony for an illegal immigrant to do business with the state for basic things like getting a driver's license.
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. Alabama Gov. Robert Bentley signed the measure, saying it was crucial to protect the jobs of legal residents amid the tough economy and high unemployment.
The law has already had a deep impact in Alabama since a federal judge upheld much of it in late September. Many frightened Hispanics have been driven away from Alabama, fearing they could be arrested or targeted by police. Construction workers, landscapers and field hands have stopped showing up for work, and large numbers of Hispanic students have been absent from public schools.
To cope with the labor shortage, Alabama agriculture commissioner John McMillan at one point suggested farmers should consider hiring inmates in the state's work-release program.
It's not clear exactly how many Hispanics have fled the state. Earlier this week, many skipped work to protest the law, shuttering or scaling back operations at chicken plants, Mexican restaurants and other businesses.
Immigration has become a hot-button issue in Alabama over the past decade as the Hispanic population has grown by 145 percent to about 185,600 people, most of them of Mexican origin. The Hispanic population represents about 4 percent of the state's 4.7 million people, but some counties in north Alabama have large Spanish-speaking communities and schools where most of the students are Hispanic.
Requiring school officials to check the immigration status of students in public schools helped make the Alabama law stricter than similar measures enacted in Arizona, Utah, Indiana and Georgia. Federal judges in those states have blocked all or parts of those laws.
Arizona Gov. Jan Brewer earlier this year asked the U.S. Supreme Court to resolve the legal fight over her state's tough immigration law.
The Justice Department called the Alabama law a "sweeping new state regime" in court filings last week and urged the appeals court to forbid states from creating a patchwork of immigration policies. The agency also said the law could strain diplomatic relations with Latin American countries, who have warned the law could impact millions of workers, tourists and students in the U.S.
"Other states and their citizens are poorly served by the Alabama policy, which seeks to drive aliens from Alabama rather than achieve cooperation with the federal government to resolve a national problem," the attorneys have said in court documents.
Thomas Perez, head of the Justice Department's civil rights division, said Friday before the ruling that a team of attorneys is in Alabama trying to determine whether the law was leading to civil rights violations. The school requirement was an area of particular worry, and the federal government is trying to determine how many absentees and withdrawals might be linked to the law, Perez said.
"We're hearing a number of reports about increases in bullying that we're studying," he said after a meeting with leaders and advocates for the Hispanic community.
Legal experts are closely watching the Alabama case, which they say has the potential to be considered by the U.S. Supreme Court.
"I'm not convinced that the Supreme Court is going to take it up. But it depends on how 11th Circuit will rule in this case," said Charles Kuck, a Georgia attorney who is the former president of the American Immigration Lawyers Association. "They are holding the key hand here. But you just never know."
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I HOPE STATES ENACT NEW LAWS AS DESCRIBED BELOW - to prevent children being used as pawns in this ILLEGAL IMMIGRATION WAR.
If an illegal immigrant woman gives birth to children while in the U.S., each newborn child will belong to the U.S. government since no documented (legal) parent residing within the U.S. exists to claim the child. By default, each child will be a ward of the government. Any birth certificate created by a hospital or government will be considered void, since it has falsified info (illegal parent is listed).
This NEW LAW will benefit adoptions. We can use adoption proceeds to fund this law:
New babies born from illegal immigrants can be put up for adoption, and can be adopted by legal parents who want them.
BOTTOM LINE --- WE MUST FIND LEGAL WAYS TO PREVENT THESE ILLEGAL IMMIGRANTS FROM STAYING HERE. WHEN DEPORTING THEM, WE ALSO MUST USE LEGAL WAYS TO PREVENT THEM FROM LEAVING THEIR CHILDREN BEHIND (E.G. HAVING THEIR RELATIVES ADOPT THE CHILDREN).
This will prevent illegals from entering our country, just to give birth so their child can become an automatic U.S. citizen -- and later bring back their parents.
This is a loophole that exists today, and it allows illegals to re-enter (after they've been deported). We need to close such loopholes, and prevent "illegal" children born here of illegal immigrant parents from staying. Putting them up for adoption will create two incentives: (1) illegal immigrants will stop/reduce having babies in the U.S., and (2) if they don't, it will help people who want to adopt babies/children.
Both of these results are good for our society.
We have immigration laws to prevent many abuses-criminals, health concerns, overcrowding and others. Right now there just too many illegal immigrants in our country. We have long passed the man who sank the lifeboat using the lifeboat paradox in which everyone wants in the lifeboat but too many will sink the lifeboat.
We have an unemployment rate of 9.1%, 18 million Americans unemployed while we carry 18 million illegal immigrants. We have $2.2 trillion annual budget deficit while illegal immigrants cost Americans $2.2 trillion a year in welfare, health care and education benefits. Have you no sense of logic?
You might think, "Well, just this one." But there are 50 states and Washington DC, and if they all have the same attitude then we will still be violating the spirit and function of the law thus alienating all those who have followed the rule of law and those who are now following the rule of law by submitting to the proper application process. Also those in mexsicko who might in the future immigrate illegally.
The law needs to be applied equally in all situations to be fair to all and effective. Believe me we are all understanding and sympathetic but we can't allow the law to be abused. That is what is happening when people come here illegally whether they did it yesterday or 50 years ago. If you let people get away with this then every other illegal immigrant and the potential immigrants still in mexico will think they can also break the law and be forgiven later like these people.
Send them ALL back to be fair to all of them here, legally and illegally, and the ones still in mexico who want toi be here legally and illegally.
You don't seem to understand the difference between Rosa Parks and the illegal offenders that these laws target.
Yes, Rosa Parks was abused by average citizens of Alabama, including the bus driver and police officers who arrested her. However, the courts supported her and changed Alabama law BECAUSE SHE DID NOTHING WRONG (other than her skin color).
In the case of the illegal immigrants, THEY DID SOMETHING WRONG. THEY BROKE THE U.S. FEDERAL LAW THAT PROHIBITS ILLEGAL ENTRY INTO THE UNITED STATES.
So if Alabama police and authorities are hunting for illegal immigrants, it is perfectly OK and allowed and sanctioned by U.S. Federal (and now Alabama State) Laws.
I hope they catch all of these illegal law breakers and send them away, FAR AWAY, so they can't find their way back.
Rosa Parks was SUPPOSED to be in the U.S. - so if you use history as an example, make sure you're educated about it and the example really applies.
We have immigration laws to prevent many abuses-criminals, health concerns, overcrowding and others. Right now there just too many illegal immigrants in our country.
You might think, "well, just this one." but there are 50 states and Washington DC and if they all have the same attitude then we will still be violating the spirit and function of the law.
The law needs to be applied equally in all situations to be effective. Believe me we are all understanding and sympathetic but we can't allow the law to be abused. That is what is happening when people come here illegally whether they did it yesterday or 50 years ago. If you let people get away with this then every other illegal immigrant and the potential immigrants still in mexico will think they can also break the law and be forgiven later like these people.
Send then ALL back to be fair to all of them here, legal and illegally, and the ones still in mexico
Your rants show your level of education, which to me appears not very high. I suppose you received only part of your education in the United States. Maybe if your parents had moved here earlier, you might have gotten a better education AT THE EXPENSE OF STRANGERS PAYING FOR YOUR PARENTS - BECAUSE YOUR PARENTS COULD NOT PAY FOR YOU.
I'm sure your response will be "I am here legally, and so were my parents". And "My parents paid for my education fully." Good!! That's what I hope and expect you will say - if you and your parents are decent people.
So let's say you are here legally, and you are intelligent (contrary to what your posts show)... then WHY ARE YOU SUPPORTING ILLEGAL ACTIVITY?
Is it because you make your decisions based on the COLOR OF SOMEONE'S SKIN? Do you support the "undocumented aliens" (ILLEGAL IMMIGRANTS) just because they share your skin color? Isn't that being prejudiced? (if you look-up the definition of "prejudiced", it will match your behavior EXACTLY).
So if you are supporting these ILLEGAL IMMIGRANTS based on their skin color, do you know that every one of them were GOOD HONEST HARD-WORKING LEGAL CITIZENS of their former country? Is it possible for one or some or many of them to be rapists or murderers or theives in their former country?
Since it is possible (and you cannot know every illegal immigrant), YOU ARE SUPPORTING LAW-BREAKERS JUST BECAUSE THEY SHARE YOUR SKIN COLOR OR HERITAGE.
Please let us know which is true - are you uneducated, prejudiced, or support people who break the law?
We have immigration laws to prevent many abuses-criminals, health concerns, overcrowding and others. Right now there just tooo many illegal immigrants in our country.
You might think, "well, just this one." but there are 50 states and Washintong DC and if they all have the same attitude then we will still be violating the spirit and function of the law.
The law needs to be applied equally in all situations to be effective. Believe me we are all understanding and sympathetic but we can't allow the law to be abused. That is what is happening when people come here illegally whether they did it yesterday or 50 years ago. If you let people get away with this then every other illegal immigrant and the potential immigrants still in mexico will think they can also break the law and be forgiven later like these people.
Send then ALL back to be fair to all of them here, legal and illegally, and the ones still in mexico.