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Old 10-11-2011, 02:22 PM
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Default Alabama Opposes U.S. Bid to Delay Immigration Law for Appeal

Alabama Opposes U.S. Bid to Delay Immigration Law for Appeal
Oct. 11 (Bloomberg) -- A new Alabama immigration law empowering the police to question the status of persons otherwise detained shouldn’t be blocked while the U.S. government and civil rights groups appeal a ruling allowing its enforcement, state lawyers told a federal appeals court.
Opposing requests made to the court in Atlanta, lawyers for Alabama today told that court today the U.S. government and the rights groups are unlikely to prevail in appealing a ruling by Judge Sharon Lovelace Blackburn in Birmingham.
“This court should deny plaintiffs’ motions and decide these issues only after full briefing,” the state said in court papers. “Plaintiffs have not shown that there will be such irreparable harm while this appeal is pending to justify giving short shrift to issues of this importance and complexity.”
Blackburn last month rejected challenges to the police provision as well as other sections of the Beason-Hammon Alabama Tax Payer and Citizen Protection Act.
The legislation requires schools to collect data on the enrollment of children of unlawful residents, criminalizes the failure of those unlawfully in the U.S. to complete or carry alien registration documents, and makes it a felony for those illegally present to do business with the state or any of its political subdivisions.
Three Cases
The judge ruled in the federal government’s case and two others -- a parallel suit filed by the American Civil Liberties Union and Southern Poverty Law Center, and one brought by church leaders.
The civil rights groups also asked the appeals court for an order that prevents the state from enforcing those parts of the law being fought on appeal.
Blackburn barred the enforcement of parts of the act making it illegal for unregistered aliens to apply for jobs or work in the state, as well as a provision making it a crime to transport or harbor them. The state says it will appeal.
First-term Governor Robert Bentley, a Republican, signed the legislation into law on June 9. The federal government’s failure to enforce its own immigration laws necessitated the measures taken by his state, he has said.
The federal government argues that only it has the authority to set immigration policy. The rights groups contend the new laws are unconstitutional. The clergy have not sought to appeal the ruling in their case.
“The plaintiffs are wrong,” the state said today. “Congress left room for states to act, and Alabama’s act fits comfortably in the space allowed.”
The cases are U.S. v. State of Alabama, 11-14532, and Hispanic Interest Coalition of Alabama v. Bentley, 11-14535, U.S. 11th Circuit Court of Appeals (Atlanta).
--With assistance from Phil Milford in Wilmington, Delaware. Editors: Mary Romano, Charles Carter
http://www.businessweek.com/news/201...or-appeal.html
Alabama Urges Court Not to Block Immigration Law
Alabama asked a federal appeals court Tuesday to allow the state to enforce its much of its strict law targeting illegal immigration.
Alabama said in arguments that the Justice Department and a coalition of advocacy groups failed to demonstrate that enforcing the law will cause irreparable harm. The state argued that the U.S. District Court in Birmingham considered hundreds of pages of briefs, almost nine hours of oral arguments and more than six weeks of consideration before it upheld the law.
The Justice Department and the advocacy groups have until Wednesday morning to file a response. After that, the court could decide whether to intervene by issuing a preliminary injunction.
The Justice Department and the coalition of groups asked the 11th Circuit Court of Appeals last week to block the law, at least temporarily, saying it could lead to discrimination against even legal residents. The Justice Department said the law, considered by many to be the most stringent immigration measure in the country, could cause considerable fallout as immigrants flee to other states or their native countries.
The coalition of advocacy groups said in its filing Friday that the law has thrown Alabama into "chaos" and left some Hispanics too afraid to go to their jobs and reluctant to send their kids to school.
The Justice Department and advocacy groups want the appeals court to temporarily block different parts of the law, including requiring officials to check the immigration status of public school students; allowing police to hold suspected illegal immigrants without bond and making it a felony for an illegal immigrant to do business with the state for basic things like obtaining drivers licenses.
Those provisions took effect last month after a federal judge upheld them, and they help make the Alabama law stricter than similar laws enacted in Arizona, Utah, Indiana and Georgia. Federal judges in those states have blocked all or parts of those laws.
http://abcnews.go.com/US/wireStory/a...n-law-14714409
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