Alabama v. United States

January 1, 2016

The Obama Administration brought this lawsuit to challenge several provisions of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (House Bill 56). Federal District Court Judge Sharon Blackburn issued a decision that let most of its provisions go into effect. The U.S. Department of Justice appealed only days after and asked the U.S. Court of Appeals for the Eleventh Circuit to enjoin certain provisions of the law. The Eleventh Circuit rebuffed the Obama Administration’s effort to block implementation of House Bill 56, allowing all but two provisions to take effect immediately.

 

Key provisions of House Bill 56 that remain in effect as a result of the Eleventh Circuit ruling:

 

  • Section 12, which requires local law enforcement to make a reasonable attempt to check immigration status during a lawful stop, when practicable, if there is reasonable suspicion the individual is an illegal alien.

  • Section 18, which requires local law enforcement to make reasonable effort to verify the immigration status of person who is arrested for driving without a license.

  • Section 30, which provides that it is a felony for illegal aliens to enter into a “business transaction” with the state or political subdivisions, including applying for a driver’s or business license.

 

The Eleventh Circuit blocked two other significant provisions of House Bill 56:

 

  • Section 28, which requires public schools to gather information of its students’ immigration status upon enrollment, based on birth certificates, and submit non-identifiable data to the state.

  • Section 10, which provides that an illegal alien who fails to comply with the federal alien registration laws is guilty of a misdemeanor under state law.

 

IRLI filed a friend-of-the-court brief with the United States Supreme Court when the State of Alabama appealed the adverse ruling striking down parts of the law.

 

See also:

 

Alabama Passes the Most Advanced State Immigration Law in U.S. History, June 03, 2011

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