There are a lot of people who hear the words “Alabama’s Immigration Law” and immediately as though through the ground, woodwork, or cupboards all of the human rights groups, and other advocacy groups including the American Civil Liberties Union come crawling in like cockroaches to sugar water.
We believe the only item or issue worse than this is when the American ostensible “…inactive federal government…” gets involved and begins issuing law suits like it is the perfect dream machine. This effort on behalf of the United States, which is costing us – the taxpayer – millions of dollars; moreover, when one looks at the Alabama law the U.S. government is ridiculous with their efforts.
This may be redundant for some, yet a good read will stop all of us in our tracks. Upon reflection it was the same attitude by the then Speaker of the House, Nancy Pelosi, alerted the citizenry of this country to “…forget about what’s in the bill, let’s sign it and get it passed, then we can all find out…!” This thinking has Obamacare in the U.S. Supreme Court.
Alabama’s new immigration laws, including a measure making it a felony for illegal aliens to do business with the state, are unconstitutional, the U.S. told a federal appeals court. It is like a new buzz word “unconstitutional.”
The U.S., which is seeking reversal of a Birmingham, Alabama, federal judge’s Sept. 28 ruling allowing the state to enforce that provision and others, filed a brief yesterday with the Atlanta-based appeals court. The American Civil Liberties Union also made a filing opposing the law.
“The Constitution leaves no room for such a state immigration-enforcement scheme,” the federal government argued in its brief. Admission and removal of aliens and the conditions under which they’re allowed to live in the U.S. are matters of national policy, according to the brief. And pursuant to this language it is this type of ridiculous way the government gets by without doing anything.
This is where in our minds the accommodation of the 10th amendment comes clearly into play.
”The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This amendment does indeed have a rather colorful history. As a matter of fact, it is believed by most Constitutional scholars that if this amendment was not added to the Bill of Rights, ergo the Constitution, there would not be a United States at all.
President Barack Obama and all of his tightest cronies have let the situation as it stands now be clearly recognized to the point of him stating that the U.S. federal government was in fact, “inactive.” So if the central government is not going to do anything about the problem, then the 10th amendment clearly states who is supposed to take over.
The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, signed into law by Governor Robert J. Bentley on June 9, requires public schools to determine the immigration status of newly enrolled students and their parents, and it criminalizes unlawful residents’ failure to carry registration papers.
On Oct. 14, the appellate court issued an order blocking those provisions while it reviews the rulings of U.S. District Judge Sharon Lovelace Blackburn in Birmingham.
While Blackburn had temporarily blocked parts of the measure that prohibit the harboring and transport of those who unlawfully enter the country, she allowed the state to enforce measures enabling police to question the status of people stopped for suspicious behavior and to take people arrested for driving without a license before a magistrate for determination of their status.
We will continue to vigorously defend the law as we proceed through the appeals process,” Strange said in an Oct. 14 statement after an appellate panel blocked enforcement of parts of the law.
Alabama, which is also appealing some of Blackburn’s rulings, has argued that it is filling gaps in federal enforcement efforts. Bentley, a Republican serving his first term in office, has said the state will defend the legislation against any and all challenges.