Federal Judge Rules on Alabama Immigration Law

A federal judge has ruled on many of the provisions of Alabama’s immigration law referred to as HB 56. The challenge to HB 56 by the Department of Justice, immigrant rights groups and civil rights groups was only partially successful. The challenge was based on arguments that the law interferes with federal immigration laws and places undue burdens on local schools and federal agencies.

The ruling allows Alabama to move forward with provisions that would:

  • Make it a criminal misdemeanor to fail to carry immigration documentation
  • Require law enforcement officers to determine the immigration status of anyone who they stop, detain or arrest if they suspect that the person is in the country illegally
  • Require law enforcement to detain anyone who is arrested for driving without a license. Those detained would either be prosecuted for driving without a license or turned over to immigration authorities.
  • Prevent Alabama courts from enforcing contracts made with unlawful immigrants
  • Require public schools to determine the immigration status of students
  • Make it a felony for an unlawful immigrant to enter into a contract with the state

The Alabama cannot move forward with the provision that would:

  • Make it a misdemeanor for an unlawful immigrant to seek or perform work
  • Make it unlawful to conceal, harbor, or transport an unlawful immigrant or to encourage an unlawful immigrant to come to the state
  • Forbid an employer for claiming tax deductions from wages paid to unlawful immigrants
  • Allow discrimination lawsuits against employers who dismiss United States citizens or legal immigrants while employing unlawful workers
About Kimberley Schaefer

Kimberley Schaefer is an immigration lawyer with offices in Boise, ID and Rexburg, Idaho. She helps future Americans become citizens by assisting them with immigrant visas, fiance visas, adjustment of status and green card applications, applying for immigration waivers, fighting deportation and applying for asylum. To contact her, you can call (208) 918-0852 or send Kimberley an email now.

Comment Policy: Do you have a comment about this article? Your comments will be visible to everyone and are appropriate for general questions about immigration issues. Have a specific question about your case that you'd like to ask privately as part of a consultation? Please use the contact form instead.

Leave a Comment About This Article