Alabama’s new immigration law, considered the strictest in the United States, was sued by Eric Holder’s Department of Justice, and the Obama-brand of Justice just lost most of its case. Two other suits, one by a group of church leaders and a civil rights group were included in the ruling. Most of the law survived intact, including two key issues: traffic stops allowing documentation checks and public schools verifying the residency status of students.
The judge upheld a section that requires state and local law enforcement officials to try to verify a person’s immigration status during routine traffic stops or arrests, if “a reasonable suspicion” exists that the person is in the country illegally. And she ruled that a section that criminalized the “willful failure” of a person in the country illegally to carry federal immigration papers did not pre-empt federal law…
Among the other sections Judge Blackburn upheld: one that nullifies any contracts entered into by an illegal immigrant; another that forbids any transaction between an illegal immigrant and any division of the state, a proscription that has already led to the denial of a Montgomery man’s application for water and sewage service; and, most controversially, a section that requires elementary and secondary schools to determine the immigration status of incoming students.
Portions not upheld:
The judge did issue a preliminary injunction against several sections of the law, agreeing with the government’s case that they pre-empted federal law. She blocked a broad provision that outlawed the harboring or transporting of illegal immigrants and another that barred illegal immigrants from enrolling in or attending public universities.