Tuesday, August 2, 2011

USDOJ Files Lawsuit To Block Alabama's H.B. 56 Immigration Enforcement Law

Department of Justice claims in brief, a state cannot set its own immigration policy, much less pass laws that conflict with federal enforcement of the immigration laws.

By H. Nelson Goodson
August 2, 2011

Washington, D.C. - On Monday, the U.S. Department of Justice (USDOJ) filed a complaint and lawsuit asking for a preliminary injunction against Alabama's H.B. 56 immigration bill. The bill takes effect in September. A news release by the USDOJ stated, that the complaint and brief filed by the department in the Northern District of Alabama, claims that various provisions of H.B. 56 conflict with federal immigration law and undermine the federal government’s careful balance of immigration enforcement priorities and objectives. The brief makes it clear that, while the federal government values state assistance and cooperation with respect to immigration enforcement, a state cannot set its own immigration policy, much less pass laws that conflict with federal enforcement of the immigration laws.
Alabama’s law is designed to affect virtually every aspect of an unauthorized immigrant’s daily life, from employment to housing, transportation, entering into and enforcing contracts,and going to school. H.B. 56 further criminalizes mere unlawful presence and, like Arizona’s law, expands the opportunities for Alabama police to push aliens toward incarceration for various new immigration crimes by enforcing an immigration status verification system.
Consistent with the department’s position in United States v. Arizona, in which the department last year successfully obtained a preliminary injunction against Arizona’s S.B. 1070, the brief said that the mandates that H.B. 56 imposes on Alabama law enforcement may also result in the harassment and detention of foreign visitors, legal immigrants and even U.S. citizens who may not be able to readily prove their lawful status. In addition, H.B. 56 will place significant burdens on federal agencies diverting their resources away from dangerous criminal aliens and other high-priority targets. In addition to interfering with law enforcement, H.B. 56 imposes further burdens on children by demanding that students prove their lawful presence, which could discourage parents from enrolling their children in school.
The suit was filed on behalf of the Departments of Justice Homeland Security and State, which share responsibilities in administering federal immigration law, and the Department of Education was also consulted. The department has requested a preliminary injunction to enjoin enforcement of the law, parts of which go into effect on Sept. 1, 2011, arguing that the law’s operation will cause irreparable harm, the USDOJ announced.

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