Alabama Immigration Law Upheld – Mostly

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.