Alabama AG Recommends Changing State Immigration Law

By:  Joe Wolverton, II
12/08/2011
       
Alabama AG Recommends Changing State Immigration Law

In a letter sent last week to members of the state legislature, Alabama's Attorney General recommends repealing key provisions of the state's well-publicized anti-illegal immigration statute.

Attorney General Luther Strange suggests the repeal of at least two of the law's more controversial sections, both of which are currently not being enforced per an injunction handed down by a federal appeals court. Specifically, the sections suggested for scrapping include one that makes it a crime for illegal aliens to be to be detained while not in possession of proper immigration documentation, and another mandating that the state's public schools maintain a registry of their students' immigration status.
 
In the memo dated December 1, Strange set out his purpose in making the recommendation for removal of elements of the state statute: "My goals are to (1) make the law easier to defend in court; (2) assist law enforcement in implementation; and (3) remove burdens on law abiding citizens. All while not weakening the law."
 
In October, both of these portions of the law (HB 56) were blocked from being enforced by the 11th Circuit Court of Appeals sitting in Atlanta. The Obama administration sued Alabama, asserting that by enacting the law the state legislature and Governor violated the Constitution by legislating in an area over which the federal government has exclusive authority.

In a letter sent last week to members of the state legislature, Alabama's Attorney General recommends repealing key provisions of the state's well-publicized anti-illegal immigration statute.

Attorney General Luther Strange (photo) suggests the repeal of at least two of the law's more controversial sections, both of which are currently not being enforced per an injunction handed down by a federal appeals court. Specifically, the sections suggested for scrapping include one that makes it a crime for illegal aliens to be to be detained while not in possession of proper immigration documentation, and another mandating that the state's public schools maintain a registry of their students' immigration status.
 
In the memo dated December 1, Strange set out his purpose in making the recommendation for removal of elements of the state statute: "My goals are to (1) make the law easier to defend in court; (2) assist law enforcement in implementation; and (3) remove burdens on law abiding citizens. All while not weakening the law."
 
In October, both of these portions of the law (HB 56) were blocked from being enforced by the 11th Circuit Court of Appeals sitting in Atlanta. The Obama administration sued Alabama, asserting that by enacting the law the state legislature and Governor violated the Constitution by legislating in an area over which the federal government has exclusive authority.

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