Appeals Court rules on Ala. immigration law - WAFF-TV: News, Weather and Sports for Huntsville, AL

Appeals Court rules on Ala. immigration law

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The 11th Circuit Court of Appeals in Atlanta issued a ruling Monday on Alabama's immigration law, commonly referred to as HB56.

The Court has thrown out Section 28, which is the provision that required schools to collect data on the immigration status of students who enroll in school. 

The Court has temporarily blocked two sections of the law, Section 10 and Section 27.  Section 10 is also known as the "papers please" section.  It created a state crime if an immigrant was not carrying an alien registration document.  Section 27 forbids citizens from entering into contracts with illegal immigrants.  

The Court upheld Sections 12(a), 18, 30 of the law.  Section 12(a) allows police to detain suspected illegal aliens.  Section 18 required authorities to make a reasonable effort to determine the immigration status of a driver found not to be carrying a driver's license.  Section 30 forbids any illegal immigrant from entering into a business transaction with the state or any political subdivision thereof. 

The Court found that if the case were to go to the U.S. Supreme Court, the United States is likely to succeed in the following sections of the law: 10, 11(a), 13(a), 16, 17 and 27.   

Alabama's immigration law is considered the toughest in the nation, but the federal government sued, arguing the state had overstepped its authority. The federal government contends that Congress has the sole power to legislate issues dealing with immigration. 

Governor Robert Bentley on Monday issued the following statement regarding the 11th U.S. Circuit Court of Appeals ruling on Alabama's immigration law:

"The essence of Alabama's immigration law has been upheld by today's ruling. The Court is recognizing the state's authority to inquire on immigration status in certain circumstances. The Court is also allowing the public records transaction provision to continue to be enforced."

Copyright 2012 WSFA 12 News.  All rights reserved.

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