Alabama Immigration Law Injunction Motion Filed By Civil Rights Groups

BIRMINGHAM, Ala - Civil rights groups filed a motion in Alabama on Thursday asking a federal judge to stop what has been called the nation's toughest new immigration law from taking effect.

The motion for a preliminary injunction follows its class action lawsuit filed earlier this month. Judges have already blocked key parts of other immigration laws passed in Georgia, Arizona, Utah and Indiana.

Critics say the Alabama law, due to take effect on September 1, is unconstitutional on multiple grounds.

"It will criminalize Alabamians for everyday interactions with people who are here without documents, such as driving someone to the grocery store or to church," said Olivia Turner, executive director of the American Civil Liberties Union of Alabama.

"Law enforcement officers will be required to violate the constitutional rights of citizens and non-citizens alike," she added.

Under the Alabama law, police must detain someone they suspect of being in the country illegally if the person cannot produce proper documentation when stopped for any reason.

The law would also make it a crime to knowingly transport or harbor someone who was in the country illegally.
Alabama's law is unique in requiring public schools to determine, by review of birth certificates or sworn affidavits, the legal residency status of students upon enrollment.

The civil rights groups' lawsuit says that provision will deter children in immigrant families from enrolling in public schools.

The sponsors of the Alabama law said they were confident it would withstand the legal challenge. Alabama House Majority Leader Micky Hammon said the state would continue its fight against undocumented immigration, even if an injunction is granted.

"These far-left, liberal groups have filed (for) an injunction because those who live here illegally and break our laws with their simple presence are packing up and leaving Alabama," said Hammon, a Republican and principle sponsor of the law.

"That was the intent of the bill in the first place, to protect our borders and our jobs."

(Reporting by Peggy Gargis; Writing by Colleen Jenkins; Editing by Jerry Norton and Cynthia Johnston)

Copyright 2011 Thomson Reuters. Click for Restrictions.

Comments

[surferlaments]

12:46 PM on 07/22/2011

back and forth.... back and forth. you guys can type your hands silly and will not settle anything here. i am going to go make a sandwich.

[DelawareBob]

09:38 AM on 07/22/2011

Let's hope the judge has some common sense and lets the law stand. It's time to get rid of these illegal aliens. The ones who don't have our jobs, are using this country as a welfare country what with the stolen identities and anchor babies. How many of these anchor babies do we have to pay for? We have paid for 4.2 million over the last 18-20 years. Yes, how many more do we have to pay for and then school the illegal aliens children. Time to get rid of them. Hope every state passed such a law!

[WHAT I BELEIVE]

08:54 AM on 07/22/2011

correction ...show them proof

[ALABAMALEFTIST]

09:02 AM on 07/22/2011

The statute makes it illegal to take someone to the hospital if you know or suspect that he or she is undocumented. It forces schools to ID undocumented children. It places these burdens on the citizens of the State an entity which threatens to become a police state.

[ConnieDr]

10:46 AM on 07/22/2011

How dare they ask for ID's! WoW what a burden! I don't know, the last time I enrolled someone in school, I had to show proof of where I lived to show them I lived in that schoold district! Didn't find it a burden at all! And the last time I was stopped while driving I had to show my ID! Showing the ID wasn't a burden, but being stopped was!

[WHAT I BELEIVE]

08:51 AM on 07/22/2011

I don't see a problem with this if people are here legally just so them the proof and go on. We do it in other countries, if you don't have a passport in other countries, your behind is sent to their jails and such, Why should it be any different. Our consitution states "We the people of the United States..." not We the people of the United States ...and other countries.

[CupofClarity]

08:18 AM on 07/22/2011

We don't have a problem with immigrants. We have a problem with foreign nationals.

[CupofClarity]

08:22 AM on 07/22/2011

That is foreign nationals who are here illegally, that is. ...illegal aliens.

[usmc32yr]

07:34 AM on 07/22/2011

So the Great State of Alabama has made it illegal to break the law ? And some people object to that ? Why ?

[Pablito Garcia]

04:17 PM on 07/22/2011

Well, we can start with ... it's not a State issue?

That is to say, anyone who cares for the Constitution would object.

[usmc32yr]

04:49 PM on 07/22/2011

What do you know about a Constitution ? ARE you here illegally ? how many of your relatives live in the same safe house ?

[voyager48]

05:06 PM on 07/22/2011

In fact the constitution is not really clear on immigration and states are essentially soverign entities which makes it very much a state issue.

http://www.aclu.org/FilesPDFs/ACF27DA.pdf

[Pablito Garcia]

06:38 AM on 07/22/2011

To all the haters who comment about the "law of the land" .. I will remind you, Segregation was not only the 'law of the land" it was the COMPROMISE reached.

"The rule of law" is only a slight improvement over the divine right of King.

It's time for all would be criminals to come out and bring the class back to the criminal lass.

[voyager48]

05:07 PM on 07/22/2011

say what??

[ALABAMALEFTIST]

06:34 AM on 07/22/2011

Alabama has had this problem with "far left liberal groups" for many years now. First it was the yankee army, then the NAACP and Martin Luther King. Now we have these pinkos like the United Methodist Church threatening our "Alabama values" and "our way of life" which of course includes a hearty dose of bigotry. For people like Rep. Hammon there is something thrilling about watching an Alabama trooper pulling a family over and demanding they "show me your papers". The sensation is similar to the tingling sensation experieced when the battle flag goes by or when the band plays Dixie or when someone is executed. What Hammons and our uberChristian governor seem not to understand is that the State is descending into fascism, or maybe they do understand.

[spytheweb]

01:11 PM on 07/22/2011

Illegal aliens are illegal in every state, in fact in every country.

[CmonAlreadyWouldja]

01:26 PM on 07/22/2011

" "our way of life" which of course includes a hearty dose of bigotry"

You mean like the bigotry you're showing in your pigeon-holing of the citizens of Alabama?

[ALABAMALEFTIST]

02:02 PM on 07/22/2011

I'm an expert on Alabama.

[UKLLee]

01:30 AM on 07/22/2011

Crossing our border illegally is now a civil right?

[Pablito Garcia]

04:20 PM on 07/22/2011

This is noise, people who are in the US without or with expired documentation have civil rights and have the protection of the Constitution of the US.

Of course, it's not a "right" to violate the law. But sometimes it is an ethical obligation. Such as when the law of the land was segregation (or as it still is with regards to marriage equality), or Jim Crow, or that peculiar institution.

That something is "law" doesn't mean that it is either Constitutional (and thus allowable law), ethical, rational, or effective.

As it turns out, this law is certainly not the last three, and I suspect you will soon see, it is not the first either.

[voyager48]

05:11 PM on 07/22/2011

These are not really rights, merely priveleges extended to all vistors. If you want to argue semantics then how about the fact that the courts do not classify deportation as punishment since they cannot be deprived of "rights" and "freedoms" that they never had or were even entitled to!

[136shoes]

09:53 PM on 07/27/2011

Are you making the case that the FEDERAL law making illegal immigration a crime, punishable by fines and/or jail, is unconstituitonal?

[Pablito Garcia]

04:22 PM on 07/22/2011

I don't know if you didn't READ the article or you don't UNDERSTAND the US Constitution or both...

...but the rights being violated are against unreasonable search and seizure. As just one example. There's also the issue of equal protection under the law. (Brown people are going to be targeted by this law in a way Caucasians would not).

[voyager48]

05:12 PM on 07/22/2011

ALL 6 law suits brought by La Raza, ACLU etc... against SB1070 were thrown out of court for failing to make exactly this case!

[mashtoe]

01:25 AM on 07/22/2011

The simple fact is, more labor means lower wages. And looking at wages, which have been stagnant for decades and high unemployment, it is clear that the US has too many workers already. We need to restrict immigration. Let wages rise.

We also need to end free trade. And stop this race to the bottom. If you are a worker then you want high wages. Its the only chance you have of gaining any wealth.

[LMPE]

12:57 AM on 07/22/2011

I guess that Alabama arrested all its African-Americans, so now they have to go after Latinos.

[surferlaments]

05:54 AM on 07/22/2011

that is one dumb statement.

[ConnieDr]

10:47 AM on 07/22/2011

Apparently you haven't been to Alabama recently!

[randyjet]

11:26 PM on 07/21/2011

While much of the AL bill is going too far, I support most of its provisions, such as the use of E-Verify, no match letters, It is high time to start enforcing our laws on immigration, and to stop pandering to the illegals. It is also a goo idea to check on the citizenship status of children who are enrolled in our schools as well. It is NOT denying them and education, but we DO need to know the numbers we are dealing with. I have no doubt that this provision will be upheld by the courts too.

At least the message is out to the illegals, to leave AL and hopefully the US.

[LMPE]

12:51 AM on 07/22/2011

I have a feeling that no immigrants will WANT to move to Alabama now that this law is in effect.

[surferlaments]

05:57 AM on 07/22/2011

isn't that the point? you forgot to add the word "illegal" in front of the word immigrants in your statement.

[spytheweb]

01:18 PM on 07/22/2011

No illegal alien will move to Alabama, i know they are getting the hell out of Georgia with that 15 year prison term & $250,000 fine for using false documentation to get employment.

[dustyarain]

10:30 PM on 07/21/2011

"Law enforcement officers will be required to violate the constitutional rights of citizens and non-citizens alike," she added.

First of all, if you're here illegally, you have no constitutional rights. End of story.

Second of all. I can see why they want a birth certifcate for enrolling in school. In an education system already struggling. And expecting massive cuts to begin yet again. It's an added drain on an already broken system. A sad state of affairs, yes. That the children should suffer, but it's not the state's fault, it's the fault of the parents that bring them to this nation without even attempting to do it through the right channels.

Look at it as the same principle as sending millions, billions, of US dollars to a different nation in Aid. It's the same thing. These idiots expect us to spend millions, to billions, of US dollars, on illegal immigrants. It's a no win situation for us, because we have millions of American citizens on the street, homeless, going hungry, or suffering lack of proper medical care. Call me cold. But I'm through with the 'Take care of the world' approach. All it does is get us spat on. So.. Screw them, take care of ourselves first, and if we have anything left over? Then worry about the rest.

[new 10 ole ole]

09:09 AM on 07/22/2011

All this fighting is not needed. Why do so many European countries have guest worker programs with ID. The tremendous earning powers of the immigrants actually help the USA. But not if there is not a guest worker program.-

People complain "she wore a Mexican T shirt in support of their soccer team"----
I think I know why. Seems that to many "citizens" the Latino/ (I know there are also Portugese and others) immigrant is being seen as the enemy to be disrespected and villified. Too many people fail to realize the intense loyalty and catholic heritage they embrace. One generation removed and properly respected they will wear USA t Shirts to class and elsewhere.

[CmonAlreadyWouldja]

01:32 PM on 07/22/2011

What I really wish is that people like YOU would actually use a little reason in discussions like this, rather than simply resorting to insults.
Is there anything in dustyarain's comment that you believe is factually inaccurate or are you simply pissed off about the fact that this law was passed and is slated to go into effect in a month or so?

[Jefferson78]

09:46 PM on 07/21/2011

What part of "illegal" is not clear to these people?

[Pablito Garcia]

06:41 AM on 07/22/2011

Jefferson, does posting that let you feel that you've contributed.

Let me tell you the part I do understand. I would much rather be a criminal and help humans who need it than to piss on you if you were on fire.

We stand ready to put the CLASS back into the criminal class since you seem to be part of the CAVE people (Citizens Against Virtually Everyone).

[CupofClarity]

08:25 AM on 07/22/2011

You should join the peace corps. You could help some people who really need it...in their own countries.

[RNP2233]

08:31 AM on 07/22/2011

Hey Illegal Guy--
It is already Illegal to be here without Documentation- DO you get that??\


Either come here Legally or get the Heck OUT

[Sophiedo]

09:24 PM on 07/21/2011

Why is it so many administrations both republican and democrat haven't done anything about immigration?


The evidence suggests that the overall costs imposed on the U.S. economy by undocument­ed immigrants are equivalent to or outweighed by the benefits.


Source: Wikipedia

Unless of course it is all about emotion. And people "use" their emotions to justify their facts.

[surferlaments]

06:00 AM on 07/22/2011

you are giving the republicans and the democrats to much credit.

[CupofClarity]

08:26 AM on 07/22/2011

Wikipedia isn't a great source.