Federal Appeals Court Blocks Alabama From Checking Student Immigration Status

Oct. 13, 2011 photo, people listen to others voice their concerns about the Alabama HB56 law at a town hall meeting at Glen Iris Elementary School in Birmingham, Ala., a photo by Pan-African News Wire File Photos on Flickr.

Federal appeals court blocks Alabama from checking student immigration status

THE ASSOCIATED PRESS
Friday, October 14th 2011, 4:02 PM

ATLANTA - A federal appeals court on Friday blocked a key part of Alabama's law that requires schools to check the immigration status of students, temporarily weakening what was considered the toughest immigration law in the nation.

The 11th U.S. Circuit Court of Appeals also blocked a part of the law that allows authorities to charge immigrants who do not carry documents proving their legal status. The three-judge panel let stand a provision that allows police to detain immigrants that are suspected of being in the country illegally.

A final decision on the law won't be made for months to allow time for more arguments.

Linton Joaquin of the National Immigration Law Center called the decision a "partial victory."

"I think that certainly it's a better situation today for the people of Alabama today than it was yesterday," said Omar Jadwat, an attorney for the ACLU, which challenged the law along with the Obama administration. "Obviously we remain concerned about the remainder of the provisions, and we remain confident that we will eventually get the whole scheme blocked."

Since a federal judge upheld much of the law in late September, many frightened Hispanics have been driven away from Alabama, fearing they could be arrested or targeted by police. Construction workers, landscapers and field hands have stopped showing up for work, and large numbers of Hispanic students have been absent from public schools.

To cope with the labor shortage, Alabama agriculture commissioner John McMillan at one point suggested farmers should consider hiring inmates in the state's work-release program.

It's not clear exactly how many Hispanics have fled the state. Earlier this week, many skipped work to protest the law, shuttering or scaling back operations at chicken plants, Mexican restaurants and other businesses.

Immigration has become a hot-button issue in Alabama over the past decade as the Hispanic population has grown by 145 percent to about 185,600 people, most of them of Mexican origin. The Hispanic population represents about 4 percent of the state's 4.7 million people, but some counties in north Alabama have large Spanish-speaking communities and schools where most of the students are Hispanic.

Requiring school officials to check the immigration status of students in public schools helped make the Alabama law stricter than similar measures enacted in Arizona, Utah, Indiana and Georgia. Federal judges in those states have blocked all or parts of those laws.

Arizona Gov. Jan Brewer earlier this year asked the U.S. Supreme Court to resolve the legal fight over her state's tough immigration law.