Monday, August 20, 2012

Eleventh Circuit on Georgia's Immigration Statute

517px-Flag-map_of_Georgia_(U.S._state).svgSections 7 and 8 of Georgia's immigration regulation statute, known as HB 87, were enjoined by federal district Thomas Thrash in June 2011, a few months after the law was passed. 

Today, the Eleventh Circuit, in its opinion in Georgia Latino Alliance for Human Rights v. Governor of Georgia, upheld the injunction against Section 7 - - - the criminalization of transporting, harboring, or inducing to enter Georgia any "illegal alien" - - - finding the provisions preempted by federal law. The court found that the Georgia statute directly conflicted and was an obstacle to federal immigration law. 

The court, however, reversed the injunction against Section 8 - - - the "show me your papers" provision - - - relying upon the Supreme Court's June opinion in Arizona v. United States.  However, the Eleventh Circuit left open an "as applied challenge" to section 8, much as the Court did in Arizona v. US.

While the Eleventh Circuit spent a substantial portion of its 33 page opinion rejecting the state's challenge to plaintiffs' standing as well as the state's argument that there was no private cause of action under the Supremacy Clause or preemption, the preemption analysis is central and well-supported.

RR
[image of Georgia flag/map via]

 

http://lawprofessors.typepad.com/conlaw/2012/08/eleventh-circuit-on-georgias-immigration-statute.html

Federalism, Opinion Analysis, Preemption, Standing, Supremacy Clause | Permalink

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