Federal Judge Upholds Most of Ala. Immigration Law

By:  R. Cort Kirkwood
10/03/2011
       
Federal Judge Upholds Most of Ala. Immigration Law

A federal judge upheld the most important parts of Alabama’s law that seeks to control the state’s growing problem with illegal aliens.

In her 115-page decision last week, Judge Sharon Blackburn of the Northern District of Alabama upheld six sections of HB 56 and enjoined four. The law is problematic in those four areas, she ruled, but in the main, HB 56 does not interfere with congressional prerogatives vis-à-vis immigration policy. Nor does it interfere, she ruled, with the foreign policy objectives of the United States.

Importantly, the judge upheld a key provision that had gone down in flames in Arizona, where the Obama administration first went to war against states seeking to stem tide of illegals that are draining state budgets. Blackburn ruled that the state of Alabama may require police to inquire about the immigration status of persons they lawfully stop or arrest if reasonable suspicion exists that those persons are in the country illegally.

That provision of HB 56 and Arizona’s law, SB 1070, enraged the radical left and its adherents in the reconquista lobby. As with Arizona, the Obama administration sued Alabama to overturn its law, and it had the National Immigration Law Center, the American Civil Liberties Union, and the discredited Southern Poverty Law Center on its side. As well, leftist clerics fought against the state.
 

A federal judge upheld the most important parts of Alabama’s law that seeks to control the state’s growing problem with illegal aliens.

In her 115-page decision last week, Judge Sharon Blackburn (photo) of the Northern District of Alabama upheld six sections of HB 56 and enjoined four. The law is problematic in those four areas, she ruled, but in the main, HB 56 does not interfere with congressional prerogatives vis-à-vis immigration policy. Nor does it interfere, she ruled, with the foreign policy objectives of the United States.

Importantly, the judge upheld a key provision that had gone down in flames in Arizona, where the Obama administration first went to war against states seeking to stem tide of illegals that are draining state budgets. Blackburn ruled that the state of Alabama may require police to inquire about the immigration status of persons they lawfully stop or arrest if reasonable suspicion exists that those persons are in the country illegally.

That provision of HB 56 and Arizona’s law, SB 1070, enraged the radical left and its adherents in the reconquista lobby. As with Arizona, the Obama administration sued Alabama to overturn its law, and it had the National Immigration Law Center, the American Civil Liberties Union, and the discredited Southern Poverty Law Center on its side. As well, leftist clerics fought against the state.

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