means necssary
aim small ... miss small
BIRMINGHAM, Alabama -- The U.S. Justice Department today filed a
lawsuit
challenging Alabama's new immigration law, which is slated to go into
effect next month.
In its lawsuit, the Justice Department says Alabama's law
unconstitutionally interferes with the federal government's authority
over immigration.
"To put it in terms we relate to here in Alabama, you can only have
one
quarterback in a football game. In immigration, the federal
government
is the quarterback," said Joyce White Vance, the U.S. Attorney for
the
Northern District of Alabama.
Justice Department lawyers write in the lawsuit that the department
is
filing the action "to declare invalid and preliminarily and
permanently
enjoin the enforcement of various provisions" of the state law,
according to the lawsuit filed in U.S. District Court in Birmingham
this
afternoon. Provisions within the state's immigration law "are
preempted
by federal law and therefore violate the Supremacy Clause of the
United
States Constitution."
Parts of the state law also undermine the federal government's
careful
balance of immigration enforcement priorities and objectives,
according
to a U.S. Justice Department joint statement from federal and local
officials about the lawsuit.
"The brief filed today makes clear that, while the federal government
values state assistance and cooperation with respect to immigration
enforcement, a state cannot set its own immigration policy, much less
pass laws that conflict with federal enforcement of the immigration
laws," according to the statement.
day's action makes clear that setting immigration policy and
enforcing
immigration laws is a national responsibility that cannot be
addressed
through a patchwork of state immigration laws," said Attorney General
Eric Holder. "The department is committed to evaluating each state
immigration law and making decisions based on the facts and the law.
To
the extent we find state laws that interfere with the federal
government's enforcement of immigration law, we are prepared to bring
suit, as we did in Arizona."
Department of Homeland Security Secretary Janet Napolitano stated
that
Homeland Security continues to enforce federal immigration laws in
Alabama and around the country "in smart, effective ways that focus
our
resources on criminal aliens and employers who knowingly hire illegal
labor, as well as continue to secure our border."
"Legislation like this diverts critical law enforcement resources
from
the most serious threats to public safety and undermines the vital
trust
between local jurisdictions and the communities they serve,"
Napolitano
said. "We continue to support comprehensive reform of our immigration
system at the federal level because this challenge cannot be solved by
a
patchwork of inconsistent state laws."
Birmingham Chief of Police A.C. Roper, according to the statement,
believes that the Alabama immigration law will hamper local law
enforcement's ability to police the community effectively. Roper
stated
that the law will require the Birmingham Police Department to "expend
scarce resources on immigration matters at the expense of" municipal
priorities.
Alabama and several other states have enacted state immigration laws
in
the wake of Arizona's law. The Justice Department in July 2010 also
had
challenged Arizona's immigration law.
Earlier today the bishops who lead the Episcopal, United Methodist,
and
Roman Catholic churches in Alabama filed a civil lawsuit to try and
block enforcement of Alabama's new immigration law. The Hispanic
Interest Coalition of Alabama and other groups had also filed a civil
lawsuit last month asking for a judge to block enforcement of the law
and rule it unconstitutional.
The Alabama Legislature enacted the new law in June.
Alabama's new immigration law targets unauthorized immigrants, those
who
don't have federal alien registration or other proof of legal
presence
in the United States. If it takes effect, the law would criminalize
their presence in Alabama and make it a crime for them to work here,
among other things.
An estimated 120,000 unauthorized immigrants lived in Alabama in 2009
and 2010, according to the Pew Hispanic Center, a nonpartisan
research
organization in Washington.
Most sections of Alabama's immigration law take effect Sept. 1. The
law,
among other things would make it illegal for a person without proof
they
are legally in the United States to be in Alabama and to work or
apply
for work.
The new law would require a law officer stopping, detaining or
arresting
a person to make a reasonable attempt, when practicable, to determine
the citizenship and immigration status of the person if there is
reason
to suspect the person is an illegal alien. Law officers would have to
contact federal officials to check the person's status.
It will be a crime for a person who knew or recklessly disregarded
that
an immigrant was in the United States illegally to: conceal, harbor
or
shield the immigrant from detection, transport the immigrant or rent
a
dwelling unit to the immigrant. School districts will be required to
report to the state school board the numbers of its students born
outside U.S. jurisdiction or who have a parent who is an illegal
immigrant.
Employers in Alabama beginning April 1 must use the federal E-Verify
program to verify the employment eligibility of a new hire. Employer
found to have knowingly employed an unauthorized immigrant would have
the business license suspended or revoked for where the person
worked,
except those who had used the e-verify information.
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