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Monday, October 3, 2011

State of Alabama to court: No need to stay immigration law pending appeal; federal judge got it right

BIRMINGHAM, Alabama 
Attorneys for the State of Alabama argue in a new filing that there is no reason to stay the state's immigration law pending an appeal, since U.S. District Judge Sharon Lovelace Blackburn got it right last week.
The filing this morning is in response to a request for a stay by a group of 36 plaintiffs who filed a lawsuit to block the law in July.
The plaintiffs are seeking to block provisions in the law upheld by Blackburn which give police the power to investigate a person's immigration status during a traffic stop or arrest; requires people to carry proof of valid immigration status; bar entering most contracts with illegal immigrants; requires schools to collect immigration status information about students at enrollment and bars state and local governments from conducting "business transactions" with illegal immigrants.
The plaintiffs include civil rights and service organizations, unions, families and individuals, including 12 illegal immigrants. They've argued they will suffer a variety of injuries if the law is allowed to remain in effect.
The state argued that Blackburn, last week, determined those laws were not unconstitutional in rejecting the plaintiffs request for a preliminary injunction. The state argued the plaintiffs have used the same failed arguments in seeking a stay while the case is appealed to the 11th Circuit Court of Appeals in Atlanta.
A group of about 80 people protested the immigration law Sunday at state Sen. Scott Beason's church in Gardendale.

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