State and Local
Federal Judge Denies DOJ’s Request to Stay Alabama’s Immigration Law
Today, U.S. District Judge Sharon Blackburn denied the Department of Justice’s (DOJ) request to stay her previous ruling last week which kept major portions of Alabama’s restrictive immigration law, HB 56, intact. Following the judge’s ruling, the DOJ requested a stay of the law pending… Read More
Can Alabama Afford to Enforce their New Restrictive Immigration Law?
This week, U.S. District Judge Sharon Blackburn failed to enjoin major provisions of Alabama’s extreme immigration law, HB 56, a law designed to drive unauthorized immigrants from the state. Under the law, police officers are now required to demand proof of legal status from anyone who seems foreign. School administrators are required to ask children about their immigration status and that of their parents. People and businesses—including utilities companies—are encouraged not to enter into contracts with anyone who cannot prove their legal status. While some anti-immigrant groups are celebrating the judge’s decision, Alabama businesses and state agencies may ultimately bear the economic brunt of this damaging law. Read More
What You Should Know About Initial Rulings on Alabama’s Immigration Law
Yesterday’s initial rulings from Judge Sharon Blackburn over Alabama’s new anti-immigrant legislation are disturbing and disappointing on many fronts. Absent a reversal of her decision based on an emergency appeal, many provisions of the law that mirror those struck down in every other jurisdiction will go into effect. If so, everyone in Alabama will pay the price of the law’s implementation—and there can be no doubt that residents of Alabama with dark skin, a foreign sounding name, or an accent will face more questions, intrusions, and humiliations. From a legal perspective, however, declarations of a “victory” for Alabama by media outlets and anti-immigrants’ rights groups are premature. The truth is much more complicated. Read More
Alabama’s Dangerous New Anti-Immigrant Law
Washington D.C. – Yesterday, Judge Sharon Blackburn failed to enjoin major portions of Alabama’s extreme anti-immigrant law, HB 56, leaving many dangerous sections open to implementation. Local police, for example, are required to act as federal immigration enforcement agents by demanding proof of legal status from anyone who appears to… Read More
Federal Judge Rules to Keeps Key Provisions of Alabama’s Restrictive Immigration Law
Today, U.S. District Judge Sharon Blackburn ruled to keep many of the key provisions in HB 56, Alabama’s restrictive immigration law recently challenged by the Department of Justice (DOJ) and civil and immigrant rights groups. While Judge Blackburn ruled to enjoin some provisions of HB 56, she found that the DOJ and civil and immigrant rights groups did not meet “the requirements for a preliminary injunction” in its claim that major provisions—such as the section requiring schools to determine the immigration status of students’ and their parents’—are preempted by federal law. Signed by Governor Robert Bentley in June, HB 56 was challenged by civil rights groups, religious leaders and the DOJ on the basis that the law interferes with the federal enforcement of immigration laws and places undue burdens on local schools and federal agencies. Read More
GOP Candidates Distort Truth on In-State Tuition for Unauthorized Students
Texas Governor Rick Perry, a candidate in the Republican presidential primaries, has been taking a lot of conservative heat lately over his support for the “Texas DREAM Act.” That bill, which Perry signed into law in 2001, allows young unauthorized Texans who came to this country as children to qualify for in-state tuition in state colleges and universities in the same way as their lawfully present peers. Perry says that supporting the bill was an act of mercy towards unauthorized youth who had no say in the decision of their parents to come to the United States without permission. He also says that it is in the best interest of the state to educate unauthorized children rather than consigning them to the margins of society. Read More
Illinois County “Just Says No” to Costly Immigration Detainers
As public debate over Immigration and Customs Enforcement’s (ICE) controversial enforcement policies continues, a county in Illinois recently voted against using one tool in ICE’s enforcement arsenal—immigration detainers. Detainers are requests (not commands) from ICE to local law enforcement agencies that ask local agencies to notify ICE prior to releasing an individual from custody. ICE issues detainers—which allow local agencies to retain individuals for 48 hours after scheduled release—so that they can determine whether individuals are subject to deportation and take them into federal custody. Last week, however, the Cook County Board of Commissioners voted 10-5 against honoring the voluntary immigration detainers, citing the prohibitive cost of detaining individuals. Read More
California Passes Other Half of DREAM Act Package
While many applauded Governor Jerry Brown’s recent efforts to make college more affordable for all of California’s students, others insisted the state didn’t go far enough. Back in July, Gov. Brown signed AB 130—a bill that allows undocumented students enrolled in California’s public colleges and universities to receive privately-funded university scholarships from non-state funds. At the time, however, its companion bill, AB 131—which would allow undocumented students to apply for state-sponsored financial aid—was stuck in California’s Senate Appropriations Committee. Last week, despite opposition from immigration restrictionists, both California’s State Assembly and Senate approved AB 131 which is now on its way to Gov. Brown’s desk. Many predict Gov. Brown will sign the measure based on promises he made during his campaign. Read More
Local Law Enforcement Not Trained to Enforce Alabama’s Immigration Law
As Alabamans continue to brace themselves for what the New York Times recently described as the “nation’s cruelest immigration law,” state law enforcement agencies said they have not yet been trained to enforce provisions of the controversial law. Signed in June by Gov. Robert Bentley, HB 56 requires local law enforcement to verify the immigration status of those stopped for traffic violations, public schools to determine the immigration status of students, and make it a crime to knowingly rent to, transport or harbor undocumented immigrants. Several parties—including civil rights and religious groups and the U.S. Department of Justice—filed suit against the law, hoping to enjoin key provisions. Today, U.S. District Judge Sharon Blackburn temporarily blocked the law until September 29, 2011 or until the court issues a ruling, whichever happens first. Read More
Federal Judge Temporarily Blocks Alabama’s Immigration Law
Today, the federal judge hearing the case against Alabama’s harsh anti-immigrant law HB 56 issued a temporary order preventing the law from going into effect on September 1, 2011. The judge made no ruling on the merits of the pending motions but rather temporary blocked it to buy… Read More
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