What Does the Appeals Court Injunction in Alabama's Immigration Law HB56 Mean?

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Georgia Immigration lawyer Karen Weinstock Explains recent developments in the Justice Department's case against Alabama's immigration law

 

 

Atlanta, GA, October, 2011 -

 

Earlier today, the 11th Circuit Court of Appeals has blocked enforcement of parts of a controversial immigration enforcement law in Alabama. The U.S. Justice Department and a coalition of immigrant rights groups requested that an injunction will be issued against Alabama or that HB 56 will be stopped from being implemented while the court considers whether it is constitutional. The court blocked sections 10 and 28 of HB56 from being implemented while allowing the other parts to remain in effect, at least for now.

"The arguments in the Alabama law are similar to the law we had in Georgia, that is that states cannot interfere with the federal government's exclusive authorities to enforce the immigration laws and control foreign policy" explained Karen Weinstock, Atlanta immigration attorney and the managing attorney of the Atlanta Immigration Law Firm Siskind Susser.

"I am very happy that the worse provision in the Alabama law HB56 was enjoined by the court of appeals. This is the part that required state officials to check the immigration status of students in public schools", said the Georgia immigration attorney Karen Weinstock. "Not only this section is unconstitutional and it also directly contradicts a U.S. Supreme Court case, but it is also immoral. To ask a child about their immigration status where many of the children do not know, or to blame them for their parents' choices is reprehensible. I am glad the immigrant children in Alabama are safe at least for now", added the Atlanta immigration lawyer.

"The appeals court also rightfully blocked the provision making "willful failure to complete or carry an alien registration card" a misdemeanor for immigrants in Alabama", said the immigration attorney in Atlanta, "but it did not go far enough by blocking the Alabama police powers, because the Alabama police will be allowed to determine the immigration status of a person they suspect to be undocumented", added Georgia immigration lawyer Karen Weinstock.

"That is one of the most controversial parts of the law and should have been enjoined by the court of appeals. I do not understand why the court allowed this provision to stay as it clearly is preempted by the federal law as all other the courts that dealt with this issue have determined to far", said immigration lawyer Karen Weinstock. "At the very least the Alabama police can only exercise this power during routine lawful stops or arrests. They cannot go around asking people for papers based on the way they look but I suspect that is what is going to happen. I hope the court will take a second look at this provision during oral arguments on the constitutional questions, which they will hear on an expedited basis, as early as December", concluded the Georgia immigration attorney.

Media Contact: Karen Weinstock

404-935-0056

Kweinstock (at) visalaw (dot) com

 

About Siskind Susser:

Siskind Susser is one of the largest immigration law firms in North America and its Atlanta Immigration attorneys, a part of the Atlanta immigration law firm  have experience handling all aspects of American immigration and nationality law. Our Atlanta immigration lawyers provide consultations to corporations and individuals on immigration law issues and represent clients before the U.S. government. We are committed to providing quality and efficient service, and are one of the top ranking U.S.  immigration law firms.

 

 

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