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  • Deterring Illegal Immigration in Alabama

    The 11th Circuit Court of Appeals issued a decision on Monday over Alabama’s Arizona-style immigration law, enjoining many provisions similar to those that the Supreme Court held were preempted by federal law when it issued its decision in June concerning Arizona’s law but upholding other key provisions.

    In U.S. v Alabama, the 11th Circuit refused to issue an injunction against Sections 12, 18, and 30 of Alabama’s HB 56. According to the court, those sections of Alabama law:

    • Require officers “to determine a lawfully seized individual’s immigration status when the officer has reasonable suspicion that the seized individual is unlawfully present in the United States” (Section 12).
    • Provide that if a driver cannot show a driver’s license upon request by a state official, “a reasonable effort must be made within forty-eight hours to determine that driver’s citizenship and, if an alien, whether the individual is permissibly present in the country” (Section 18).
    • Prohibit illegal aliens from “entering, or attempting to enter, into a ‘public records transaction’ with the state or a political subdivision thereof.” A “public records transaction” is defined as applying for a car license plate, a driver’s license, or a business, commercial, or professional license. Violations are a felony (Section 30).

    Section 12—the ability of police officers to check the immigration status of individuals they have detained or arrested—was the most prominent provision of the law that the Obama Administration attacked. The Justice Department failed to have that provision enjoined, leaving Alabama police officers free to seek such information from those the officers have a reason to suspect are illegal aliens. Following the Supreme Court’s decision on an almost identical provision in the Arizona case, the 11th Circuit said that “it is not problematic to request information explicitly contemplated by federal law.”

    Section 18 is a necessary complement to Section 12, since driving without a license is a violation of state law. Being detained by an Alabama state trooper on Interstate 65 north of Birmingham because you don’t have a license would obviously give the trooper the ability to check your immigration status under Section 12.

    Section 30 was upheld because, as the court said, “it is perfectly legitimate for Alabama to withhold a motor vehicle license plate from an individual who cannot lawfully operate the vehicle.” Under the REAL ID Act of 2005, states were encouraged by Congress to require evidence of “lawful status as a prerequisite to issuing a driver’s license.” Since Alabama does not issue driver’s licenses to illegal aliens, it cannot be forced to issue license plates to illegal aliens. And withholding business, commercial, and professional licenses is “likewise permissible” since “Congress has either expressly or implicitly approved of the state’s withholding” of such licenses.

    It is true that the 11th Circuit did enjoin other provisions of the Alabama law that, for example, criminalized an illegal alien’s application or solicitation for employment at least until the matter is resolved after a full trial. Some of those individual rulings are questionable, but the court still upheld three key provisions of the law, including the ability to deny driver’s licenses, license plates, and professional licenses of all kinds to illegal aliens. This provides a powerful deterrent to illegal aliens entering the country, since it regulates the transportation that is necessary to live and work in the state, as well as some professional occupations.

    When that is combined with the holding of the Supreme Court in another case, Chamber of Commerce v. Whiting, which said that states can require employers to use the federal E-Verify system to confirm the eligibility of all employees and impose penalties on employers who knowingly or intentionally employ illegal aliens (including loss of their business license), states still have very powerful tools to use to help enforce federal immigration laws and deter illegal aliens from settling in their states, imposing enormous costs on state governments and taking jobs away from their citizens.

    Posted in Featured [slideshow_deploy]

    6 Responses to Deterring Illegal Immigration in Alabama

    1. It will be a hard road picking up the pieces of an ignored federal immigration system. The massive influx of illegal aliens has hurt this nation. Toss in the children born here and brought over the border and the problem becomes even more compounded. However, a strong mandatory e-verify system and the dismissal of Welfare payments to illegals are sorely needed. These are harsh realities, but we must cause the self-deportation of illegals or this nation will collapse from the weight of too many people, not enough work, low wages and ever increasing violent crime. Today's economy is shot to hell and the last thing America needs is more of the same. It is simply, a matter of survival for our nation and way of life. Can anyone say….third world nation?

    2. Delaware Bob says:

      Illegal aliens and obama are a blight on America. ! I'm not a republican, but I will be voting for one this election, and pray to God he will get our immigration laws enforced. I'm sick of obama and the democraps pandering to these people who have NO RIGHT to be in this country. The illegal aliens who don't have our jobs, are using this country as a welfare country with their anchor babies, (illegal alien children). Why should illegal aliens be entitled to a DREAM Act? They are in this country ILLEGALLY no matter how they got here. It's time to get these illegal aliens back to their own country where they belong. They DO NOT belong here!

      Illegal immigration is a cancer, it has to be eradicated not tolerated.

    3. I think this article fails to mention the fact that the 11th Circuit of Appeals also ruled that the Alabama schools CANNOT attempt to determine the citizenship status of (new) students enrolled in the state’s public schools. Question: Who pays for the public schools in Alabama? The citizens, the lawful citizens, of Alabama? Yet, the lawful citizens are not allowed the right to know how many illegal alien status students are enrolled in their schools? I did not use the word “deport,” I used the words “allowed the right to know…”
      If it were not for the states (mainly from the South) attempting to enforce the laws of the land, in this case immigration laws, we may as well not even pretend we have “laws of the land,” anymore. The Federal Government (Barack Obama) is using our money to defend the rights of illegal aliens against the rights of our own lawful citizens and lawful immigrants.

      We are at the tipping point of, in effect, losing our country.

      • SuzannaJean says:

        Obama is defrnding rights that illegals don't legally have. They have no rights under our constitution. Obama under oath declared he will defend the constitution but is doing just the opposite in many issues. Illegal immigrants simply have no right to be here and neither do refugees taken here behind the backs of the American people. We are forced to support them all. How ILLEGAL is that?

    4. Jeanne Stotler says:

      Fist: Allowing illegals to stay is an INSULT to all of us who have LEGAL immigrants as Fathers, Mothers and grandparents, these people PAID a lot of money to come here, spoke English, learned history and SWORE to uphold the laws of this country and Constitution, they also swore NOT to become a BURDEN to society. Second, the saying they do jobs Americans won't. This is the biggest bunch of crap ever so.ld to a nation of "Lemings" 2 of my sons are housepainters, stuggling month to month, WHY?? Well illegals are underbidding all jobs that they can, same with landscapering, (a friend had to close his business) . My sons are avergng less than 5 days a MONTH of work and areamong those who HAD to result to food stamps. Illegals are getting more in help than I get in Soc. sec. which I WORKED for.

    5. Bobbie says:

      I heard violators of America's law say they want a better life. Another said we are people and are no less. Both paraphrasing. I'd like the violators of the law to know that in America, people work for a better life without government thieving for bias appeasements. The only people that see violators of the immigration law as less than people are the ones that don't hold violators of the immigration law accountable to the law. Those same government people see you less than people when they subsidize your livelihood by taking from the livelihoods of others. And set up areas to sanctify the consequences of your illegal behavior in the faces of the innocent law abider. The ones that misguide you by wrongful distortions of America's truth, disrespecting your minds ability to know the truth for yourself, are the ones that want you to see less in yourselfs. Democrats in the highest positions. True Americans respect people accountable to their own personal livelihoods, basic responsibilities and the ones personally acquire. It's America we all come to know.

      The freedom from government forces and it's existence is what America established for America, open to the world, that America is losing because of all government levels seeing people less than, at the cost of people government deems people or more than.

      None of it reflective of American nature. All of it disrespectful and insulting to humanity. If the federal government isn't going to do the job they're paid to do, why are they paid by the tax payers they're not protecting? Laws have to be enforced to maintain a civil nation and today, rid the uncivil governance. God Bless the acts of all enforcing states that protect their people where the federal government ignores but to use at their political convenience!

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