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Department of Justice Files Suit to Challenge Alabama’s Immigration Law (HB56)
StandwithArizona.com ^ | 08-01-2011 | John Hill

Posted on 08/01/2011 3:38:03 PM PDT by montag813

This afternoon, Eric Holder's Department of Justice filed suit against Alabama to challenge the toughest state immigration enforcement law passed thus far - H.B. 56 - saying its provisions "conflict with federal immigration law and undermine the federal government’s careful balance of immigration enforcement priorities and objectives" (LOL! More like "careful balance between amnesty priorities and voter fraud objectives." -JH). H.B. 56 was signed by Republican Governor Robert Bentley in June and is due to take effect on September 1. Civil rights groups brought a separate lawsuit challenging the law about a month ago.

Using much of the same language it used in suing Arizona's S.B. 1070 last summer, and after succeeding in getting Judge Susan Bolton to block key portions of that law, the DOJ filed their complaint and brief in the Northern District of Alabama, 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," said the press release issued moments ago.

The gist:

The brief filed today makes 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 to transportation to entering into and enforcing contracts to 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.

“Today’s action makes clear that s etting immigration policy and enforcing immigration laws is a national responsibility that cannot be addressed through a patchwork of state immigration laws,” said Attorney General Eric Holder. “The department is committed to evaluating each state immigration law and making decisions based on the facts and the law. To the extent we find state laws that interfere with the federal government’s enforcement of immigration law, we are prepared to bring suit, as we did in Arizona.”

Stand With Arizona and our 240,000 members stand with Alabama, and will fight with them to stop the lawless La Raza stooges of the Obama Administration - including A.G. Holder, who may well have committed Federal crimes for his part in the "Fast and Furious" debacle, including the death of Agent Brian A. Terry. This Administration is actively working to undermine the rule of law for political gain. They will fail, and those responsible will be held to account.

2012 cannot come soon enough.



TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Alabama
KEYWORDS: afire; alabama; aliens; illegals; immigration

1 posted on 08/01/2011 3:38:14 PM PDT by montag813
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To: montag813

Now HERE is where some budget-cutting could start!


2 posted on 08/01/2011 3:43:53 PM PDT by Pat4ever (NO MORE!)
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To: montag813

FU EH


3 posted on 08/01/2011 3:47:30 PM PDT by goodnesswins
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To: montag813

I’m sick of these gangsters.

We need a 10 million man march on DC


4 posted on 08/01/2011 3:53:21 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: montag813

Septembner 1 Alabama just needs to start enforcing their law regardless of what the courts say. After all, laws don’t seem to matter to the federal government and the only places that will uphold the law are the states. Just ignore the feds.


5 posted on 08/01/2011 3:56:43 PM PDT by McGavin999
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To: montag813

Golly, what would we ever do without our multi trillion dollar a year federal clown show...


6 posted on 08/01/2011 4:04:33 PM PDT by chris37 (representative)
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To: McGavin999
Septembner 1 Alabama just needs to start enforcing their law regardless of what the courts say. After all, laws don’t seem to matter to the federal government and the only places that will uphold the law are the states. Just ignore the feds.

The provision the court blocked was that of criminal penalties for 'knowingly transporting an illegal alien.' It didn't exempt public transport, nor give immunity for bus drivers or the like. I perfectly understand the court's reasoning in blocking that portion of the law, and am surprised that it even passed with that in there. You'd be a fool to be a cab driver and pick up anyone who looked even close to an illegal immigrant, lest you lose pretty much everything.

7 posted on 08/01/2011 4:20:50 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: chris37

I predict that after 2012 the sale of black and white striped and solid blaze orange jumpsuits will increase rapidly


8 posted on 08/01/2011 4:22:42 PM PDT by WellyP (REAL)
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To: WellyP

If we get someone like rick Perry or Romney in the WH...those suits will be for the American citizens. Mark my words.


9 posted on 08/01/2011 4:27:40 PM PDT by magna carta
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To: magna carta

Agree!


10 posted on 08/01/2011 4:28:53 PM PDT by WellyP (REAL)
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To: montag813

Eric, what is wrong with you? Hispanic illegals take black jobs as well as white jobs. In crummy neighborhoods hispanics target blacks. Don’t you care about “your people”, even tho I know you don’t care about mine, or the rule of law?


11 posted on 08/01/2011 4:35:51 PM PDT by Pearls Before Swine
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To: montag813

I like how they word this, Alabama law enforcement “may”,legal immigrants and even U.S. citizens who “may” , “could” discourage parents from enrolling their children in school.I ask where is DOJ at over in San Francisco who is using their sanctuary policy to “shield criminal behaviors.San Francisco,they ignore secure communties, have stated they will refuse to contact ICE even if the illegal has a detainer placed on them. They issue tickets and let them go about their business. No lawsuits pending there.Doesn’t it seem Like Team Obama the plantives makes the America people the defendants


12 posted on 08/01/2011 5:05:32 PM PDT by moonshinner_09
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks montag813.
...saying its provisions "conflict with federal immigration law and undermine the federal government's careful balance of immigration enforcement priorities and objectives"

13 posted on 08/01/2011 5:27:03 PM PDT by SunkenCiv (Yes, as a matter of fact, it is that time again -- https://secure.freerepublic.com/donate/)
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To: montag813
and undermine the federal government’s careful balance of immigration enforcement priorities and objectives

Would that be a starter's pistol and some guy yelling "Ready, Set, GO!" in Spanish?

F Holder, F ZeroBama, and F Illegal Immigrants.

14 posted on 08/01/2011 6:29:02 PM PDT by Feckless (I was trained by the US Government to Kill Commies and Radical Moo-slims. Now ain't that irOnic?)
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To: kingu
You'd be a fool to be a cab driver and pick up anyone who looked even close to an illegal immigrant, lest you lose pretty much everything.

This is ridiculous fear-mongering and misrepresentation of the law and its enforcement. The statute clearly says "knowingly" - i.e., with the mental state of knowingly and thus purposefully committing a criminal offense. How would any prosecutor be able to prove that essential component of the offense against any bus or cab driver picking up some random fare? Do illegals where you live tote signs proclaiming their immigration status?

15 posted on 08/02/2011 1:13:40 AM PDT by TrueKnightGalahad
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To: TrueKnightGalahad
This is ridiculous fear-mongering and misrepresentation of the law and its enforcement. The statute clearly says "knowingly" - i.e., with the mental state of knowingly and thus purposefully committing a criminal offense. How would any prosecutor be able to prove that essential component of the offense against any bus or cab driver picking up some random fare? Do illegals where you live tote signs proclaiming their immigration status?

I'm glad to know that you still hold some belief in the judicial system that is fair and that there are prosecutors out there who will not abuse such vague language. My experience is far, far different.

16 posted on 08/02/2011 7:52:43 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: montag813

They conflict with federal law?

And this from a man who broke federal law(s)by selling automatic weapons to known Mexican criminal’s.

The double standard is not even laughable.


17 posted on 08/02/2011 5:30:16 PM PDT by Lumper20
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