Today, U.S. District Judge Sharon Blackburn lifted a temporary injunction on key parts of Alabama’s new immigration law. Known as the Beason-Hammon Taxpayer and Citizens Protection Act, the law is currently the strongest in the country. The U.S. Department of Justice filed suit against the state and asked Judge Blackburn for an injunction to prevent the state from enforcing the law until the matter had been settled in court.
After hearing arguments from both sides, Blackburn issued a temporary injunction for 30 days while she considered the claims. Today’s ruling issued a more permanent injunction on a few provisions of the law, but the majority of the law will be enforced starting October 1.
The Huntsville Times has a good run down of exactly which provisions were allowed to go forward and which were more permanently enjoined.
Blackburn upheld a provision of the state law related to police stops and detentions of people suspected of being in the country illegally.
She also upheld sections requiring schools to check the citizenship status of children and sections that would nullify contracts knowingly entered into with unauthorized aliens.
Blackburn also upheld a section making it a felony for “an alien not lawfully present in the United States” to apply for a license plate, driver’s license, business license or other business license.
On other provisions, Blackburn ruled the state:
» Can’t stop an “unauthorized alien” from seeking work as an employee or independent contractor.
» Can’t prosecute those who assist unauthorized aliens. She blocked a large section that would make it against the law to conceal, harbor, transport or encourage an illegal alien to stay in Alabama. This includes portions of the law referring to landlords.
» Can’t stop businesses from deducting the wages they pay to unauthorized aliens from their state taxes.
» Can’t create a new protected class of workers. The new law would have allowed workers who were fired or not hired in favor of unauthorized aliens to sue employers for discrimination.
Overall, the ruling was a victory for all those who support and believe in the rule of law.