Obama administration seeks hold on tough Alabama immigration law

Published 25 August 2011

The Obama administration has requested a federal judge to temporarily block a tough new immigration law set to take effect in Alabama on 1 September

The Obama administration has requested a federal judge to temporarily block a tough new immigration law set to take effect in Alabama on 1 September.

The controversial law is widely regarded as the harshest state law on illegal immigration. The law requires police to detain individuals if they are unable to produce proper documentation and are suspected of entering the country illegally. In addition, the law makes it illegal to knowingly transport or lease residential space to undocumented workers. Public schools would also be required to determine the legal residency of students upon enrollment as well as for financial aid for higher education.

Lawyers from the Obama administration argue that the law is in violation of the constitution as immigration enforcement is a federal responsibility and the law interferes with the federal system.

It is important that the country speak with one voice and that voice belongs to the executive branch and the Department of Homeland Security,” said William Orrick, deputy assistant U.S. Attorney General.

Alabama State Senator Scott Beason, the bill’s sponsor, said the lack of federal action has forced states to pass laws to stem the flow illegal immigrants themselves.

We asked for help but the federal government is not doing anything about it. They are not following what their laws say,” Beason said.

Hundreds packed into the Birmingham, Alabama courthouse for Wednesday’s hearing on the law.

Fifteen year-old Jose Perez, a sophomore at a local high school who came to Alabama without documentation, spoke out against the law.

This law is wrong. It takes my dream of becoming a physician or a nurse and throws the dream away,” he said.

In court, Sharon Blackburn, the chief justice of the Northern District of Alabama, argued education was not a civil right.

The law is the latest in a string of new immigration laws passed by states and many including Georgia, Utah, and Indiana are fending off legal challenges in federal court. Last year, the Obama administration successfully blocked Arizona’s controversial SB1070 when a federal judge struck down elements of the bill. Federal judges have also put laws in Georgia, Indiana, and Utah on hold.