Justice Department argues Alabama immigration law is 'neither cooperative nor constitutional'

Brian Lawson | By Brian Lawson |
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on October 12, 2011 at 5:59 PM, updated October 12, 2011 at 9:43 PM


ATLANTA, Georgia -- The U.S. Justice Department and a group of plaintiffs hoping to stay Alabama's immigration law argued in court briefs today the law is already causing injury around the state and is "neither cooperative nor constitutional."

The filings to the Atlanta-based 11th Circuit Court of Appeals likely mark the final arguments before the court decides whether to stay the law pending the appeal, as the parties request, or leave it in place during the appeal, as Alabama has requested.

The Justice Department also announced this evening it is setting up a hotline for the public to report "potential civil rights violations" related to the impact of Alabama's immigration law.

Alabama insists its law mirrors federal law and that the state is allowed to enforce immigration law as Congress has directed. The state's attorneys argue that the federal government's failure to act in this area forced them to establish the law.

The Justice Department contends there is no basis for a state to set up its own immigration laws.

"Although the state claims that it will respect the federal government's determination on whether an individual is lawfully in the country, it does not defer to the federal government's view of the treatment appropriate for an individual unlawfully in the United States," the Justice Department's filing argues.

"Thus, under the state scheme, Alabama can prosecute and incarcerate persons for violations of federal registration requirements regardless of the federal government's view on how the individual should be treated. Such a scheme is neither cooperative nor constitutional."

U.S. District Judge Sharon Lovelace Blackburn last month upheld several parts of the law including the gathering of immigration information during school enrollment, barring contracts and business transactions with local governments by illegal immigrants, requiring individuals to carry proof of their right to be in the U.S. and directing law enforcement to check immigration status during traffic stops and other law enforcement contact.

The 36-plaintiff group, which includes advocacy organizations, individuals, families and some illegal immigrants said Alabama officials are turning a blind eye to the everyday experiences of people across the state.

"Latinos in Northport are receiving notices that their water services will be cut off in two business days unless they provide proof of their immigration status," the filling argues. "Mr. Adrian Marquez, a Latino in Jemison, was arrested and detained under the new state crime for failing to have an alien registration document, even though the arresting officer knew (as documented in the police report) that he is currently in immigration proceedings and had been released by the federal government on bond.

"Children in Alabama -- U.S. citizens and non-citizens alike -- are being intimidated by the law from exercising their constitutional right to attend school."

The filing notes that attorneys are also being asked by probate offices to verify their clients' immigration status, forcing local court officials into the role of immigration agents."

The appeals court has not indicated when it would rule on the stay requests.

The Justice Department contact information,  855-353-1010, or via email to is for those who have experienced potential civil rights violations in connection with enforcement of Alabama's immigration law.


Edited at 9:40 p.m. to correct headline.