Federal Court allows "show me your papers" laws to Stand in Alabama & Georgia, other provisions struck
From [HERE] A federal appeals court ruled on Monday that Alabama and Georgia could enforce key aspects of their laws against illegal immigration that allow police to check the status of criminal suspects. The Alabama opinion is [HERE] and the Georgia opinion is [HERE]. In partially lifting a lower-court injunction, the court acknowledged that the provision of the state's 2011 immigration law "invites ... racial profiling," but declared, "Reliance on race, color, or national origin that is constitutionally prohibited, however, is expressly forbidden by the Georgia statute."
The decision follows a recent U.S. Supreme Court ruling upholding parts of a similar law in Arizona. The Atlanta-based court referenced that decision in its opinion to lift the injunction on the verification section, also known as section 8. "In Arizona v. United States, the Supreme Court approved of a similar state provision, and in light of that holding we likewise conclude at this stage of litigation that Plaintiffs are not likely to succeed on the claim that section 8 is pre-empted by federal law," the panel wrote.
Circuit Judge Charles Wilson wrote in a 33-page decision that Georgia' section on checking immigration status "is less facially problematic than the provision" that the Supreme Court let stand in Arizona. That law requires authorities to investigate immigration status when a detainee cannot prove their legality. The Georgia law merely authorizes such action.