Alabama asks federal court to rehear immigration suit
Source: Montgomery (AL) Advertiser
A panel of judges from the 11th Circuit Court of Appeals last month found provisions of the law — including one that required schools to check the immigration status of students at the time of enrollment — violated the U.S. Constitution’s Equal Protection Clause. The state is seeking a rehearing before the entire 11th Circuit on the law, known as HB 56.
“They put the law of this circuit at odds with the law in other jurisdictions, and they expand doctrine of implied pre-emption in ways that will be detrimental in other areas of the law,” said the state’s request for an en banc hearing.
In a statement, Gov. Robert Bentley said they were filing “based on principle.” “As the governor of Alabama, I have a duty to uphold and defend Alabama law,” the statement said. “Federal courts should not restrain state governments in a way that is contrary to the U.S. Constitution.”
Mary Bauer, legal director of the Southern Poverty Law Center, representing plaintiffs seeking to overturn the law, said in a statement that the court had ruled correctly. “We are disappointed that the state is continuing to stand behind this unjust and hateful law, which has brought so much shame and ridicule upon the state,” she said.