Alabama had passed the strictest immigration law of any state. The law was immediately challenged by liberals who want to give the nation away to illegals flooding into the country.
This week US District Judge Sharon Lovelace Blackburn issued a 115 page ruling on the Alabama law. In her ruling Judge Blackburn upheld about 85% of the Alabama law citing the dissenting judge in the appeals court ruling on the Arizona immigration law that was blocked. She stated:
“Local officials have some inherent authority to assist in the enforcement of federal immigration law, so long as the local official ‘cooperates’ with the federal government…Nothing in the text of [federal immigration law] expressly preempts states from legislating on the issue of verification of an individual’s citizenship and immigration status. There is also nothing in the [law] which reflects congressional intent that the United States occupy the field as it pertains to the identification of persons unlawfully present in the United States.”
Provisions that were upheld include:
- State law enforcement officers can ask for verification of immigration status.
- Require schools to determine the legal status of student’s parents, (but the schools cannot deny enrollment of children of illegal immigrant parents.
- Require employers to use E-Verify to check Social Security Numbers of all applicants for employment.
However, she did block four key provisions of the law that includes:
- Creating a civil action against employers who hire illegal immigrants over legal workers.
- Banning businesses from claiming tax deductions on wages paid to illegal immigrants.
- Banning illegals from applying for jobs.
- The harboring of illegal immigrants would be a crime.
She ruled that these four provisions in the Alabama state law go beyond the scope of the federal law and that the states cannot supersede federal law. Alabama Governor Robert Bentley is pleased with the judges overall ruling, but does plan to appeal the four blocked provisions to a higher court.
Many see Judge Blackburn’s ruling as a victory for those wanting to stop illegal immigration and a loss for the pro-immigration people and the Obama administration. Let’s pray that Judge Blackburn’s main ruling continues to stand and that Gov. Bentley can successfully appeal the other four provisions and get them in place as well.