New York Lawyer's Legal Updates

Rulings on State Immigration Laws May Reach Supreme Court Level

Author: Immigration Attorney Alena Shautsova

As the need for immigration law reform led many states to legislate their own immigration laws, various cases have been appealed before the U.S. Supreme Court and other District Courts for ruling.

The State of Alabama passed a stringent immigration law known as HB56 that required schools to collect information about students' immigration status. It also allowed law enforcement officers to ask about immigration status when individuals were suspected of criminal activity.

The 11th Circuit district court blocked and upheld various provisions contained in HB56, including:

  • Blocked the provision that made it a state crime for failing to carry an alien registration document
  • Allowed police officers to detain people temporarily when they believe the person to be in the country illegally
  • Blocked the schools' requirement to collect students' immigration status information

According to the news outlet Alabama.com, the State of Alabama is appealing to the U.S. Supreme Court on certain injunctions lower courts imposed on the Alabama immigration law. However, Alabama decided to make no efforts to appeal the injunction on collecting students' immigration information. One issue that Alabama decided to present for review before the Supreme Court is whether the ban on harboring, transporting or inducing an illegal immigrant to come to Alabama violates constitutional rights. Georgia, on the other hand, decided not to appeal this same issue, the 11th Circuit court’s injunction that banned the harboring provision contained within Georgia’s immigration law.

Because the Supreme Court only reviews a select number of cases every year, it remains to be seen whether it will review the Alabama appeal. If it does, its ruling will set a precedent for other state nationwide that passed or considers similar immigration laws.

If you face investigation or a threat of deportation, consult an US immigration lawyer and protect your rights.

13 March 2013
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