August 20, 2012
Eleventh Circuit Strikes Down Portions of Alabama and Georgia Immigration Enforcement Laws
Immigration Impact reports that, in a series of decisions issued Monday afternoon, a federal appeals court in Atlanta struck down major portions of controversial immigration laws passed by Alabama and Georgia—including a provision requiring public school officials to determine the immigration status of newly enrolling students. These are the first major decisions based on the Supreme Court’s opinion in the challenge to Arizona SB 1070. The rulings can be found here, here, and here.
In summary, the Eleventh Circuit panel (Judges Wilson (author of the three opinions) and Martin, District Judge Richard Voorhees (W.D.N.C.), sitting by designation), applying the Supreme Court's decision in Arizona v. United States, struck down as preempted a number of provisions of the Alabama and Georgia immigration enforcement laws and upheld provisions in both laws that were similar to Section 2(B) of Arizona's S.B. 1070, which require police officers to verify the immigration status of persons who they come into lawful contact with and have a reasonable suspicion of believing are undocumented. The Eleventh Circuit ruled that Section 28 of H.B. 56, which required school districts to collect data on undocumented and ESL students, violated the Equal Protection Clause.
UPDATE (August 24): For analysis of the rulings on the ACS blog by Jack Chin and Marc Miller, click here.
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