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The American Center for Law and Justice (ACLJ), focusing on constitutional law, is urging a federal appeals court to uphold Alabama’s immigration law saying the measure “mirrors federal immigration provisions” and warns that if the Obama Administration challenge to the Alabama law succeeds, states will be effectively rendered “powerless over unchecked illegal immigration and the associated social and economic costs that their citizens must bear.”
“This is fast becoming one of the most important issues for the American people,” said Jay Sekulow, Chief Counsel of the ACLJ. “This latest case underscores the growing clash between the federal government and the rights of states.
The fact is many states are doing what Alabama and Arizona already have done – enacting laws that promote Congressional immigration policy by enforcing the very laws that the Obama Administration fails to enforce. We contend the Alabama measure impedes no federal law and is actually consistent with federal immigration policy that promotes increasingly greater roles for states in enforcing immigration law.”
The ACLJ filed an amicus brief yesterday with the U.S. Court of Appeals for the Eleventh Circuit, backingAlabama’s HB 56.
The brief, posted here, argues:
“The Administration’s attack on HB 56 undermines federalist and separation of powers principles by permitting the Administration’s policy preferences to trump Congress’s statutory acknowledgement that states have inherent authority to enforce laws that profoundly affect their citizens’ welfare. A decision sustaining the Administration’s claims will effectively leave the states powerless over unchecked illegal immigration and the associated social and economic costs that their citizens must bear.”
The Alabama appeal comes as the Supreme Court has decided to hear a challenge to Arizona’s immigration measure, SB 1070. The ACLJ, representing 59 members of Congress and nearly 60,000 Americans, filed an amicus brief urging the high court to take the case arguing the Arizona measure, like the one in Alabama, is constitutional because it mirrors federal immigration law and incorporates federal standards.
The ACLJ is now preparing an amicus brief in support of the Arizona measure to be filed with the Supreme Court, which is expected to hear oral arguments in the case this spring.