Alabama Immigration Law Upheld – Mostly

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On September 28, 2011, U.S. District Court Judge Sharon Lovelace Blackburn upheld the key provisions of Alabama's immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Alabama's immigration law is still considered the toughest immigration law in the country.

Judge Blackburn issued a preliminary injunction against some sections of the law, finding that these sections are likely pre-empted by federal law. She enjoined the provisions that:

· prohibit the harboring or transporting of illegal immigrants;

· prohibit illegal immigrants from enrolling in or attending public universities;

· prevent businesses from taking tax deductions for wages paid to workers who are not lawfully present in the US;

· make it a misdemeanor crime for an unauthorized alien to apply for, solicit or perform work;

· establish a civil cause of action against an employer who failed to hire or who discharged a U.S. citizen or an authorized alien while hiring or retaining an undocumented alien;

· prohibit drivers from stopping along a road to hire temporary workers; and

· allow consideration of only the federal government's verification in determining whether an alien is lawfully present in the U.S.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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