11th Circuit follows Supreme Court, Striking Down Alabama and Georgia Immigration Laws
Last week, the 11th Circuit Court of Appeals followed in the Supreme Court's footsteps, striking down the majority of the immigration laws of both Alabama and Georgia.
In June, the Supreme Court struck down the majority of provisions of Arizona’s controversial immigration law, SB 1070. The Supreme Court held that the majority of the bill was preempted by federal law. The main provision upheld was the “show me your papers” provision, which requires state and local law enforcement officials to investigate into the immigration status of anyone stopped or arrested when “reasonable suspicion” exists that the person is in the U.S. unlawfully.
The majority of the Alabama and Georgia laws were similar to that of Arizona, though there were some additional, highly controversial provisions that were not a part of SB 1070. Alabama, for example, had a provision that required public school officials to determine the immigration status of enrolling students. The state also attempted to invalidate contracts with undocumented immigrants. These, along with other provisions, were struck down.
Among the other provisions struck down was a provision criminalizing the failure to carry immigration documents. The “show me your papers” provisions of the Georgia and Alabama laws were upheld as in the Arizona case, though the Court followed the lead of the Supreme Court, leaving the door open for possible future challenges as to the laws’ constitutionality as applied to individual cases.
In June, the Supreme Court struck down the majority of provisions of Arizona’s controversial immigration law, SB 1070. The Supreme Court held that the majority of the bill was preempted by federal law. The main provision upheld was the “show me your papers” provision, which requires state and local law enforcement officials to investigate into the immigration status of anyone stopped or arrested when “reasonable suspicion” exists that the person is in the U.S. unlawfully.
The majority of the Alabama and Georgia laws were similar to that of Arizona, though there were some additional, highly controversial provisions that were not a part of SB 1070. Alabama, for example, had a provision that required public school officials to determine the immigration status of enrolling students. The state also attempted to invalidate contracts with undocumented immigrants. These, along with other provisions, were struck down.
Among the other provisions struck down was a provision criminalizing the failure to carry immigration documents. The “show me your papers” provisions of the Georgia and Alabama laws were upheld as in the Arizona case, though the Court followed the lead of the Supreme Court, leaving the door open for possible future challenges as to the laws’ constitutionality as applied to individual cases.
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