News Update - March 10, 2012

11th Circuit Court of Appeals Blocks 2 more Provisions of Alabama Law HB 56

The Eleventh Circuit Court of Appeals has issued a block on two more provisions of Alabama’s restrictive immigration law, HB 56. These provisions prohibited courts from enforcing contracts with illegal immigrants as well as illegal immigrants from doing business with the state. This comes after the court stated last week that it would hold off on issuing any further rulings until the Supreme Court ruled on Arizona’s immigration law, SB 1070, which it is expected to do in the summer.

Back on October 14, 2011, the Eleventh Circuit Court of Appeals issued an order enjoining the State of Alabama from enforcing two other parts of the restrictive Alabama immigration law. Those provisions required schools to inquire into the immigration status of their students and law enforcement to charge undocumented aliens with misdemeanors who willfully failed to carry their immigration papers.

Still remaining are provisions allowing police to detain and arrest undocumented immigrants that they have reasonable suspicion are in the country illegally and that those they arrest without valid driver's licenses suffer mandatory detention until prosecution or handing over to U.S.I.C.E.

 


The author is a 30+ year practitioner of immigration law based in New York City holding an AV preeminent rating in the Martindale-Hubbell Law Directory and registered in the Bar Register of Preeminent Lawyers. He was also recently named to the New York Super Lawyers list. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for Interpreter Releases, Immigration Daily, and the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Bush Administration in the Intelligence Reform Act of 2004.

This article 2012 Alan Lee, Esq.

 

Copyright © 2003-2012 Alan Lee, Esq.
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