Alabama Legislature wants to force decisions in Courts about Immigration. But the courts will likely find even more issues with the immigration law Alabama just passed than with Arizona's SB 1070, because it meshes with Education Rights

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Forcing the Courts, the President and the U. S. Congress with Partisan State Laws :

State Legislatures are clogging courts by trying to force decisions that are clearly unconstitutional, these State Laws seem extremely Political, Partisan, even bigoted, and motivated by electoral purposes, or keeping an electorate motivated until the next election.

My impression is that if the Courts make decisions in favor of these state legislatures then they will do immense damage to the seriousness of law, to constitutional and congressional intent, to precedent, and to the Federal Government, not only to the Obama Administration but to subsequent Administrations and presidents. It would be the creation of chaos to push America to decline, decadence, decay and degeneration.

This would be the institutionalization of legislative patchwork, and of sailors having more authority than the captain of the ship, in this case the President of the USA and the U. S. Congress should be the captain.

Think Progress
Justice
Alabama Governor Signs SB-1070 On Steroids Into Law
By Andrea Nill Sanchez
June 9, 2011


Alabama Governor Signs SB-1070 On Steroids Into Law


Some excerpts :

The courts will likely find even more issues with the law Alabama just passed. Under this law, Alabama schools will now have to collect student citizenship information. The lawyers behind this type of legislation have already made clear that their goal is to “take on” Plyler v. Doe, a Supreme Court decision which struck down a state statute denying education funding to undocumented children.

Under this law, Alabama schools will now have to collect student citizenship information. The lawyers behind this type of legislation have already made clear that their goal is to “take on” Plyler v. Doe, a Supreme Court decision which struck down a state statute denying education funding to undocumented children.

In the majority opinion, Justice William Brennan wrote that the “denial of education to some isolated group of children poses an affront to one of the goals of the Equal Protection Clause: the abolition of governmental barriers presenting unreasonable obstacles to advancement on the basis of individual merit.” The DOJ’s Civil Rights Division has already made clear that “student enrollment practices that may chill or discourage” school enrollment based on immigration status is a violation of federal law.

Many Alabama school officials are worried that the new law will do just that. “Once you start asking that question, you get to the point where you’re tacitly trying to deny access to school,” explained an attendance coordinator for Elmore County Public Schools. Even in Arizona, an attempt to institute this policy failed miserably.

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Yet people shouldn’t read too much into that. The same appeals court also imposed a preliminary injunction on parts of SB-1070 on the basis that it “interferes with the federal government’s authority to implement its priorities and strategies in law enforcement” is likely preempted by federal law and foreign policy.

In addition, Alabama has made it illegal for landlords to “knowingly” rent housing to undocumented immigrants. The Third US Circuit Court of Appeals blocked a similar law from going into effect in Hazleton, Pennsylvania on the basis of federal preemption. The Supreme Court recently vacated the decision, but that likely has more to do with the Hazleton law’s E-Verify provisions which mirror the Arizona law that the Court recently reviewed.

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