Friday, October 14, 2011

Appeals court blocks parts of Alabama immigration law

AppId is over the quota
AppId is over the quota
A U.S. flag is seen in Normal, Illinois March 30, 2011. REUTERS/Eric Thayer

A U.S. flag is seen in Normal, Illinois March 30, 2011.

Credit: Reuters/Eric Thayer

By Verna Gates

BIRMINGHAM, Ala | Fri Oct 14, 2011 6:25pm EDT

BIRMINGHAM, Ala (Reuters) - A U.S. appeals court on Friday temporarily blocked Alabama from enforcing part of its tough new immigration law but allowed some disputed portions to remain in effect.

The U.S. Court of Appeals for the 11th Circuit, based in Atlanta, halted the controversial provision that permits Alabama to require public schools to determine the legal residency of children upon enrollment.

But the court ruled the state could continue to authorize police to detain people suspected of being in the country illegally if they cannot produce proper documentation when stopped for any reason.

The Obama administration and a coalition of civil rights groups had sought to stop the law while it was under court review, arguing it has led some illegal immigrants in Alabama to pull their children out of school and even flee the state.

The Justice Department also contends the measure, passed by large margins in both chambers of the Republican-led legislature earlier this year, interferes with the federal government's exclusive authority over immigration.

State lawmakers argue they were forced to act, saying the Obama administration had not done enough to stem the flow of illegal immigrants into the country.

There are an estimated 11.2 million illegal immigrants in the United States, including between 75,000 and 160,000 in Alabama, according to the Pew Hispanic Center.

Under the ruling issued on Friday, Alabama can bar illegal immigrants from entering into commercial contracts with the state or local governments and applying for or renewing drivers' licenses, identification cards or license plates.

"Once again, we're pleased that the majority and most effectual parts of this law will remain in place," said Alabama House Speaker Mike Hubbard, a Republican.

"While the federal government sues to prolong and exacerbate the illegal immigration problem, Alabama is taking action to ensure the laws of our land are upheld."

The Justice Department said it looked forward to the appeals court giving further consideration to its arguments for blocking other key provisions of the law.

"We are pleased that the Eleventh Circuit has blocked Alabama's registration provisions which criminalized unlawful presence and chilled access to a public education," the department said in a statement.

(Additional reporting by Kelli Dugan in Mobile and James Vicini in Washington; Writing by Colleen Jenkins; Editing by Jerry Norton)



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