Thursday, October 6, 2011

federal judge upholds Alabama's new immigration laws

By Peggy Gargis

BIRMINGHAM, Ala | Wed Oct 5, 2011 7:24pm EDT

(Reuters) - A federal judge on Wednesday again refused to halt
Alabama's tough new anti-illegal immigration law, leaving in place for
now measures that are prompting some Hispanics to flee the state.

District Judge Sharon Lovelace Blackburn on September 28 backed the
law authorizing police to detain people suspected of being in the
country illegally if they cannot produce proper documentation when
stopped for any reason.

The judge also upheld a provision that permits the state to require
public schools to determine the legal residency of children.

Blackburn said in a ruling on Wednesday that the law's challengers,
including President Barack Obama's administration and civil rights and
immigrant advocacy groups, had not shown they were likely to prevail
in their efforts to get the law struck down.

She also found the public interest would not be harmed by letting the
measure stand while the groups appeal to the U.S. Court of Appeals for
the 11th Circuit.

"Alabama has an interest in enforcing laws properly enacted by its
Legislature and not likely to be found unconstitutional," the judge
wrote. "Moreover, the public has an interest in having properly
enacted valid laws enforced."

The Alabama law passed both chambers of the Republican-led legislature
by large margins earlier this year, with lawmakers saying Obama
administration had not done enough to stop the flow of illegal
immigrants into the country.

Blackburn also allowed Alabama to bar illegal immigrants from
commercial contracts with state or local governments, applying for or
renewing drivers' licenses and identification cards or seeking license
plates.

The judge temporarily prevented the state from making it a crime to
knowingly transport or harbor an illegal immigrant or prohibit illegal
immigrants from attending its public colleges.

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