Friday, January 18, 2013

Sweet Home Alabama! Alabama Petitions for Cert in H.B. 56 Case in Supreme Court

The state of Alabama will not give up in its effort to uphold  as much of its state immigration enforcement measure, H.B. 56, as it can.  Having lost in part in the U.S. Court of Appeals for the Eleventh Circuit, the state now seeks review in the U.S. Supreme Court.  Read this Immigration Impact report for details.

The petition, which was filed on Wednesday, asks the Court to consider the legality of three provisions of HB 56: (1) one criminalizing the harboring of immigrants who are unlawfully present; (2) one which criminalizes the transportation of immigrants who are unlawfully present; and (3) one which criminalizes encouraging unlawfully present immigrants to enter the state. The Eleventh Circuit found that each of these provisions was “preempted” by federal immigration law.

Click here for the Jurist article reporting on these latest developments and a link to Alabama's cert petition.

KJ

http://lawprofessors.typepad.com/immigration/2013/01/sweet-home-alabama-alabama-petitions-for-cert-in-hb-56-case-in-supreme-court.html

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