Section 28 which would have allowed schools to collect the immigration status of student has been thrown out. Section 12(a), and 18 which promotes racial profiling still stand.
(flickr: Cuauhtemoc-Hidalgo Villa-Zapata)
The 11th Circuit Court of Appeals in Atlanta issued a ruling Monday on Alabama's immigration law, commonly referred to as HB56. Details are still being studied by WSFA 12 News, but we can confirm the following actions at this time:
The Court has thrown out Section 28, which is the provision that required schools to collect data on the immigration status of students who enroll in school.
The Court has temporarily blocked two sections of the law, Section 10 and Section 27. Section 10 is also known as the "papers please" section. It created a state crime if an immigrant was not carrying an alien registration document. Section 27 forbid citizens from entering into contracts with illegal immigrants.
The Court upheld Sections 12(a), 18, 30 of the law. Section 12(a) allows police to detain suspected illegal aliens. Section 18 required authorities to make a reasonable effort to determine the immigration status of a driver found not to be carrying a driver's license. Section 30 forbid any illegal immigrant from entering into a business transaction with the state or any political subdivision thereof.
The Court found that if the case were to go to the U.S. Supreme Court, the United States is likely to succeed in the following sections of the law: 10, 11(a), 13(a), 16, 17 and 27.
Alabama Attorney General Luther Strange issued a one sentence statement saying, "While we are still reviewing today's ruling, we are pleased that the court recognized the validity of our arguments and upheld several provisions of Alabama's law."
Alabama's immigration law is considered the toughest in the nation, but the federal government sued, arguing the state had overstepped its authority. The federal government contends that Congress has the sole power to legislate issues dealing with immigration. issue. to legislate a matter that's solely a federal power.
WSFA 12 News is seeking comment on the Court's ruling from state leaders. We'll have more information as it becomes available.