On August 1, 2011, the United States filed a lawsuit under the Immigration and Nationality Act against the State of Alabama for declaratory and injunctive relief in the U.S. District Court of Alabama, Northern District. The United States sought to prevent the implementation of the recently enacted state legislation H.B. 56 as preempted by federal law and therefore a violation of the Supremacy Clause of the U.S. Constitution. H.B. 56 was designed to address numerous aspects of immigration regulation and enforcement. H.B 56’s provisions require, whenever practicable, the determination of immigration status during any lawful stop by the police where there is “reasonable suspicion” that an individual is unlawfully present. The United States claims that the emphasis on maximum enforcement of immigration status laws ignores other objectives that Congress has established for the federal immigration system and undermines the federal government’s balance of immigration objectives and priorities.

This case was consolidated with two related cases [Hispanic Interest Coalition of Alabama v. Governor of Alabama (IM-AL-0006) and Parsley v. Bentley (IM-AL-0007)] through an order of the district court (Judge Sharon Lovelace Blackburn) for consideration of Motions for Preliminary Injunctions made by plaintiffs in each of the cases to enjoin enforcement of certain provisions of H.B. 56.

Many Motions for Leave to File Amicus Curiae briefs were granted by the court in August 2011, including from many South American and Latin American countries, the NAACP, the Lawyers Committee for Civil Rights, the National Lawyers Guild, and Alabama Legislators.

A day before the hearing on the Motion for Preliminary Injunction in August 2011, defendants State of Alabama and Governor of Alabama filed a Motion to Dismiss the claim. The court has issued a stay on this matter while the preliminary injunction motion plays out.

After a hearing, on August 29, 2011, the court ordered enforcement of H.B. 56 temporarily enjoined. A month later the court issued a memorandum opinion granting a Preliminary Injunction for certain provisions of H.B. 56, but denying it for other provisions. Both plaintiffs and defendants then filed cross-appeals with the U.S. Court of Appeals, 11th Circuit to enjoin six of the provisions not enjoined by the district court’s order. The court of appeals granted in part and denied in part the motions, pending appeal.

The court of appeals heard oral arguments on March 1, 2012. Following the hearing, the court issued an order expanding the district court’s injunction pending complete resolution of the appeals. A full opinion has not yet been issued.

Elizabeth Daligga - 06/19/2012


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