Thursday, October 18, 2012

Legal Clips ? Federal appellate court denies Alabama's request for ...

Federal appellate court denies Alabama?s request for new hearing on immigration law

As reported on CNN.com, the U.S. Court of Appeals for the Eleventh Circuit has denied a request by the state of Alabama for a new hearing on the state?s controversial immigration law, HB 56. The same court struck down parts of the law in August 2012. Alabama officials had requested a new hearing, arguing that the Eleventh Circuit?s August decision was ?erroneous.? ?The panel?s conclusions on these issues are important and wrong. They were not compelled by (the U.S. Supreme Court?s July decision on Arizona?s immigration law), and they were contrary to other precedents,? Alabama said in a court filing.

The blocked parts of HB 56 include language that made it a crime for undocumented immigrants to work or solicit work; imposed criminal penalties to hide ?an alien? or rent property to anyone in the United States illegally; and required state officials to check the immigration status of children in public schools. Alabama Governor Robert Bentley?s office did not immediately respond to a request for comment Wednesday. In August, the appeals court judges let stand one of the most controversial portions of the law, allowing local and state police check a person?s immigration status while enforcing other laws.

In September, the legal director for the Montgomery-based Southern Poverty Law Center called the law ?illegal and immoral? and said the center was confident the judges? ruling would stand. ?We are disappointed that the state is continuing to stand behind this unjust and hateful law, which has brought so much shame and ridicule upon the state,? Mary Bauer said in a written statement.

Source:? CNN.com, 10/18/12, By CNN Wire Staff; Joe Sutton, contributor

[Editor's Note:? In August 2012, Legal Clips summarized a decision of a three-judge panel of the Eleventh Circuit U.S. Court of Appeals in Hispanic Interest Coalition of Alabama (HICA) v. Alabama, which held that the section of Alabama?s immigration law (?Section 28?) requiring public schools to verify, and collect data on, the citizenship and immigration status of enrolling students violated the Equal Protection Clause, and that at least one of the HICA Plaintiffs had standing to challenge Section 28, reversing a district court?s denial of HICA?s motion for a preliminary injunction to bar enforcement of that provision.]

Tags: Alabama, discrimination, Eleventh Circuit, immigration law, immigration status, student enrollment

Source: http://legalclips.nsba.org/?p=16765

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