Ruling issued on controversial immigration law

Parts of Alabama's new immigration law case were blocked Wednesday by a federal judge from taking effect, while other parts were allowed to become law.

Judge Sharon Lovelace Blackburn released her rulings Wednesday around 12:30 p.m. Blackburn has decided that some parts of the state's controversial law should not be allowed to become law while the law continues to be challenged in court.

• Ruling #1
• Summary of Ruling #1
  
• Ruling #2
• Summary of Ruling #2
• Ruling #3
• Summary of Ruling #3
  

Several contentious sections were enjoined from taking effect by the judge, which means the judge refused to let that section become law.

Here are the sections of the law which the judge enjoined from becoming law until final judgements are issued in the case:

Section 8: prohibits an illegal alien from attending or enrolling in public postsecondary education in the state

Section 10 (e), 11 (3) and 13(h): "A court of this state shall consider only the federal government's verification in determining whether an alien is lawfully present in the United States"

Section 11a: "It is unlawful for a person who is an unauthorized alien to knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor in this state"

Section 11 (f) and (g) which said it would be illegal to hire someone from the side of the road while in a car if it's blocking traffic, and it would also be illegal to be hired for work from the side of the road.

Section 13: Prohibits concealing, harboring, transporting, etc., of unlawfully-present aliens

Section 16: The taking of a state tax deduction for wages paid to an unauthorized alien employee

Section 17: Creates a state "discrimination" cause of action based on the retention or hiring of an unauthorized alien 

Section 11 (f) and (g) which said it would be illegal to hire someone from the side of the road while in a car if it's blocking traffic, and it would also be illegal to be hired for work from the side of the road.

Temporary injunctions issued earlier this month against other portions of the law were lifted Wednesday, including four big issues:

Section 10: a misdemeanor for any illegal immigrant that possesses fake documents
Section 12: law enforcement officers will have to make a reasonable attempt to determine citizenship during a traffic stop
Section 28: Every student enrolling in public school has to prove he or she was born in the United States or is lawfully present in the United States
Section 30: Must prove citizenship when applying for a driver's license or motor vehicle license plate

Here are the parts of the immigration law enjoined (blocked) from taking effect and the parts not enjoined:

ENJOINED BY THE JUDGE

Section 11. (a) It is unlawful for a person who is
22 an unauthorized alien to knowingly apply for work, solicit
23 work in a public or private place, or perform work as an
24 employee or independent contractor in this state.
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1 (b) In the enforcement of this section, an alien's
2 immigration status shall be determined by verification of the
3 alien's immigration status with the federal government
4 pursuant to 8 U.S.C. § 1373(c). A law enforcement officer
5 shall not attempt to independently make a final determination
6 on whether an alien is authorized to work in the United
7 States.
8 (c) A law enforcement official or agency of this
9 state or a county, city, or other political subdivision of
10 this state may not consider race, color, or national origin in
11 the enforcement of this section except to the extent permitted
12 by the United States Constitution and the Constitution of
13 Alabama of 1901.
14 (d) This section does not apply to a person who
15 maintains authorization from the federal government to be
16 employed in the United States.
17 (e) Any record that relates to the employment
18 authorization of a person is admissible in any court of this
19 state without further foundation or testimony from a custodian
20 of records if the record is certified as authentic by the
21 federal government agency that is responsible for maintaining
22 the record. A verification of an alien's immigration status
23 received from the federal government pursuant to 8 U.S.C. §
24 1373(c) shall constitute proof of that alien's status. A court
25 of this state shall consider only the federal government's
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1 verification in determining whether a person is an
2 unauthorized alien.
3 (f) It is unlawful for an occupant of a motor
4 vehicle that is stopped on a street, roadway, or highway to
5 attempt to hire or hire and pick up passengers for work at a
6 different location if the motor vehicle blocks or impedes the
7 normal movement of traffic.
8 (g) It is unlawful for a person to enter a motor
9 vehicle that is stopped on a street, roadway or highway in
10 order to be hired by an occupant of the motor vehicle and to
11 be transported to work at a different location if the motor
12 vehicle blocks or impedes the normal movement of traffic.
13 (h) A person who is in violation of this section
14 shall be guilty of a Class C misdemeanor and subject to a fine
15 of not more than five hundred dollars ($500).
16 (i) A court shall collect the assessments prescribed
17 in subsection (h) and remit 50 percent of the assessments to
18 the general fund of the local government where the person was
19 apprehended to be earmarked for law enforcement purposes, 25
20 percent of the assessments to the Alabama Department of
21 Homeland Security, and 25 percent of the assessments to the
22 Department of Public Safety.
23 (j) The terms of this section shall be interpreted
24 consistently with 8 U.S.C. § 1324a and any applicable federal
25 rules and regulations.

Section 13. (a) It shall be unlawful for a person to
10 do any of the following:
11 (1) Conceal, harbor, or shield or attempt to
12 conceal, harbor, or shield or conspire to conceal, harbor, or
13 shield an alien from detection in any place in this state,
14 including any building or any means of transportation, if the
15 person knows or recklessly disregards the fact that the alien
16 has come to, has entered, or remains in the United States in
17 violation of federal law.
18 (2) Encourage or induce an alien to come to or
19 reside in this state if the person knows or recklessly
20 disregards the fact that such coming to, entering, or residing
21 in the United States is or will be in violation of federal
22 law.
23 (3) Transport, or attempt to transport, or conspire
24 to transport in this state an alien in furtherance of the
25 unlawful presence of the alien in the United States,
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1 knowingly, or in reckless disregard of the fact, that the
2 alien has come to, entered, or remained in the United States
3 in violation of federal law. Conspiracy to be so transported
4 shall be a violation of this subdivision.
5 (4) Harbor an alien unlawfully present in the United
6 States by entering into a rental agreement, as defined by
7 Section 35-9A-141 of the Code of Alabama 1975, with an alien
8 to provide accommodations, if the person knows or recklessly
9 disregards the fact that the alien is unlawfully present in
10 the United States.
11 (b) Any person violating the provisions of this
12 section is guilty of a Class A misdemeanor for each unlawfully
13 present alien, the illegal presence of which in the United
14 States and the State of Alabama, he or she is facilitating or
15 is attempting to facilitate.
16 (c) A person violating the provisions of this
17 section is guilty of a Class C felony when the violation
18 involves 10 or more aliens, the illegal presence of which in
19 the United States and the State of Alabama, he or she is
20 facilitating or is attempting to facilitate.
21 (d) Notwithstanding any other law, a law enforcement
22 agency may securely transport an alien whom the agency has
23 received verification from the federal government pursuant to
24 8 U.S.C. § 1373(c) is unlawfully present in the United States
25 and who is in the agency's custody to a state approved
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1 facility, to a federal facility in this state, or to any other
2 point of transfer into federal custody that is outside the
3 jurisdiction of the law enforcement agency. A law enforcement
4 agency shall obtain judicial or executive authorization from
5 the Governor before securely transporting an alien who is
6 unlawfully present in the United States to a point of transfer
7 that is outside this state.
8 (e) Notwithstanding any other law, any person acting
9 in his or her official capacity as a first responder or
10 protective services provider may harbor, shelter, move, or
11 transport an alien unlawfully present in the United States
12 pursuant to state law.
13 (f) Any conveyance, including any vessel, vehicle,
14 or aircraft, that has been or is being used in the commission
15 of a violation of this section, and the gross proceeds of such
16 a violation, shall be subject to civil forfeiture under the
17 procedures of Section 20-2-93 of the Code of Alabama 1975.
18 (g) In the enforcement of this section, an alien's
19 immigration status shall be determined by verification of the
20 alien's immigration status with the federal government
21 pursuant to 8 U.S.C. § 1373(c). A law enforcement officer
22 shall not attempt to independently make a final determination
23 of whether an alien is lawfully present in the United States.
24 (h) Any record that relates to the immigration
25 status of a person is admissible in any court of this state
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1 without further foundation or testimony from a custodian of
2 records if the record is certified as authentic by the federal
3 government agency that is responsible for maintaining the
4 record. A verification of an alien's immigration status
5 received from the federal government pursuant to 8 U.S.C. §
6 1373(c) shall constitute proof of that alien's status. A court
7 of this state shall consider only the federal government's
8 verification in determining whether an alien is lawfully
9 present in the United States.

Section 16. (a) No wage, compensation, whether in
24 money or in kind or in services, or remuneration of any kind
25 for the performance of services paid to an unauthorized alien
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1 shall be allowed as a deductible business expense for any
2 state income or business tax purposes in this state. This
3 subsection shall apply whether or not an Internal Revenue
4 Service Form 1099 is issued in conjunction with the wages or
5 remuneration.
6 (b) Any business entity or employer who knowingly
7 fails to comply with the requirements of this section shall be
8 liable for a penalty equal to 10 times the business expense
9 deduction claimed in violation of subsection (a). The penalty
10 provided in this subsection shall be payable to the Alabama
11 Department of Revenue.

Section 17. (a) It shall be a discriminatory
13 practice for a business entity or employer to fail to hire a
14 job applicant who is a United States citizen or an alien who
15 is authorized to work in the United States as defined in 8
16 U.S.C. § 1324a(h)(3) or discharge an employee working in
17 Alabama who is a United States citizen or an alien who is
18 authorized to work in the United States as defined in 8 U.S.C.
19 § 1324a(h)(3) while retaining or hiring an employee who the
20 business entity or employer knows, or reasonably should have
21 known, is an unauthorized alien.
22 (b) A violation of subsection (a) may be the basis
23 of a civil action in the state courts of this state. Any
24 recovery under this subsection shall be limited to
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1 compensatory relief and shall not include any civil or
2 criminal sanctions against the employer.
3 (c) The losing party in any civil action shall pay
4 the court costs and reasonable attorneys fees for the
5 prevailing party; however, the losing party shall only pay the
6 attorneys fees of the prevailing party up to the amount paid
7 by the losing party for his or her own attorneys fees.
8 (d) The amount of the attorneys fees spent by each
9 party shall be reported to the court before the verdict is
10 rendered.
11 (e) In proceedings of the court, the determination
12 of whether an employee is an unauthorized alien shall be made
13 by the federal government, pursuant to 8 U.S.C. § 1373(c). The
14 court shall consider only the federal government's
15 determination when deciding whether an employee is an
16 unauthorized alien. The court may take judicial notice of any
17 verification of an individual's immigration status previously
18 provided by the federal government and may request the federal
19 government to provide further automated or testimonial
20 verification.




NOT ENJOINED BY THE JUDGE

Section 10. (a) In addition to any violation of
5 federal law, a person is guilty of willful failure to complete
6 or carry an alien registration document if the person is in
7 violation of 8 U.S.C. § 1304(e) or 8 U.S.C. § 1306(a), and the
8 person is an alien unlawfully present in the United States.
9 (b) In the enforcement of this section, an alien's
10 immigration status shall be determined by verification of the
11 alien's immigration status with the federal government
12 pursuant to 8 U.S.C. § 1373(c). A law enforcement officer
13 shall not attempt to independently make a final determination
14 of whether an alien is lawfully present in the United States.
15 (c) A law enforcement official or agency of this
16 state or a county, city, or other political subdivision of
17 this state may not consider race, color, or national origin in
18 the enforcement of this section except to the extent permitted
19 by the United States Constitution and the Constitution of
20 Alabama of 1901.
21 (d) This section does not apply to a person who
22 maintains authorization from the federal government to be
23 present in the United States.
24 (e) Any record that relates to the immigration
25 status of a person is admissible in any court of this state
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1 without further foundation or testimony from a custodian of
2 records if the record is certified as authentic by the federal
3 government agency that is responsible for maintaining the
4 record. A verification of an alien's immigration status
5 received from the federal government pursuant to 8 U.S.C. §
6 1373(c) shall constitute proof of that alien's status. A court
7 of this state shall consider only the federal government's
8 verification in determining whether an alien is lawfully
9 present in the United States.
10 (f) An alien unlawfully present in the United States
11 who is in violation of this section shall be guilty of a Class
12 C misdemeanor and subject to a fine of not more than one
13 hundred dollars ($100) and not more than 30 days in jail.
14 (g) A court shall collect the assessments prescribed
15 in subsection (f) and remit 50 percent of the assessments to
16 the general fund of the local government where the person was
17 apprehended to be earmarked for law enforcement purposes, 25
18 percent of the assessments to the Alabama Department of
19 Homeland Security, and 25 percent of the assessments to the
20 Department of Public Safety.


Section 12. (a) Upon any lawful stop, detention, or
2 arrest made by a state, county, or municipal law enforcement
3 officer of this state in the enforcement of any state law or
4 ordinance of any political subdivision thereof, where
5 reasonable suspicion exists that the person is an alien who is
6 unlawfully present in the United States, a reasonable attempt
7 shall be made, when practicable, to determine the citizenship
8 and immigration status of the person, except if the
9 determination may hinder or obstruct an investigation. Such
10 determination shall be made by contacting the federal
11 government pursuant to 8 U.S.C. § 1373(c) and relying upon any
12 verification provided by the federal government.
13 (b) Any alien who is arrested and booked into
14 custody shall have his or her immigration status determined
15 pursuant to 8 U.S.C. § 1373(c). The alien's immigration status
16 shall be verified by contacting the federal government
17 pursuant to 8 U.S.C. § 1373(c) within 24 hours of the time of
18 the alien's arrest. If for any reason federal verification
19 pursuant to 8 U.S.C. § 1373(c) is delayed beyond the time that
20 the alien would otherwise be released from custody, the alien
21 shall be released from custody.
22 (c) A law enforcement officer shall not attempt to
23 independently make a final determination of whether an alien
24 is lawfully present in the United States. A law enforcement
25 officer may not consider race, color, or national origin in
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1 implementing the requirements of this section except to the
2 extent permitted by the United States Constitution or the
3 Constitution of Alabama of 1901.
4 (d) A person is presumed to not be an alien who is
5 unlawfully present in the United States if the person provides
6 to the law enforcement officer any of the following:
7 (1) A valid, unexpired Alabama driver's license.
8 (2) A valid, unexpired Alabama nondriver
9 identification card.
10 (3) A valid tribal enrollment card or other form of
11 tribal identification bearing a photograph or other biometric
12 identifier.
13 (4) Any valid United States federal or state
14 government issued identification document bearing a photograph
15 or other biometric identifier, if issued by an entity that
16 requires proof of lawful presence in the United States before
17 issuance.
18 (5) A foreign passport with an unexpired United
19 States Visa and a corresponding stamp or notation by the
20 United States Department of Homeland Security indicating the
21 bearer's admission to the United States.
22 (6) A foreign passport issued by a visa waiver
23 country with the corresponding entry stamp and unexpired
24 duration of stay annotation or an I-94W form by the United
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1 States Department of Homeland Security indicating the bearer's
2 admission to the United States.
3 (e) If an alien is determined by the federal
4 government to be an alien who is unlawfully present in the
5 United States pursuant to 8 U.S.C. § 1373(c), the law
6 enforcement agency shall cooperate in the transfer of the
7 alien to the custody of the federal government, if the federal
8 government so requests.

Section 18. Section 32-6-9, Code of Alabama 1975, is
22 amended to read as follows:
23 "§32-6-9.
24 "(a) Every licensee shall have his or her license in
25 his or her immediate possession at all times when driving a
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1 motor vehicle and shall display the same, upon demand of a
2 judge of any court, a peace officer or a state trooper.
3 However, no person charged with violating this section shall
4 be convicted if he or she produces in court or the office of
5 the arresting officer a driver's license theretofore issued to
6 him or her and valid at the time of his or her arrest.
7 "(b) Notwithstanding the provisions of Section
8 32-1-4, if a law officer arrests a person for a violation of
9 this section and the officer is unable to determine by any
10 other means that the person has a valid driver's license, the
11 officer shall transport the person to the nearest or most
12 accessible magistrate.
13 "(c) A reasonable effort shall be made to determine
14 the citizenship of the person and if an alien, whether the
15 alien is lawfully present in the United States by verification
16 with the federal government pursuant to 8 U.S.C. § 1373(c). An
17 officer shall not attempt to independently make a final
18 determination of whether an alien is lawfully present in the
19 United States.
20 (d) A verification inquiry, pursuant to 8 U.S.C. §
21 1373(c), shall be made within 48 hours to the Law Enforcement
22 Support Center of the United States Department of Homeland
23 Security or other office or agency designated for that purpose
24 by the federal government. If the person is determined to be
25 an alien unlawfully present in the United States, the person
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1 shall be considered a flight risk and shall be detained until
2 prosecution or until handed over to federal immigration
3 authorities."


Section 27. (a) No court of this state shall enforce
2 the terms of, or otherwise regard as valid, any contract
3 between a party and an alien unlawfully present in the United
4 States, if the party had direct or constructive knowledge that
5 the alien was unlawfully present in the United States at the
6 time the contract was entered into, and the performance of the
7 contract required the alien to remain unlawfully present in
8 the United States for more than 24 hours after the time the
9 contract was entered into or performance could not reasonably
10 be expected to occur without such remaining.
11 (b) This section shall not apply to a contract for
12 lodging for one night, a contract for the purchase of food to
13 be consumed by the alien, a contract for medical services, or
14 a contract for transportation of the alien that is intended to
15 facilitate the alien's return to his or her country of origin.
16 (c) This section shall not apply to a contract
17 authorized by federal law.
18 (d) In proceedings of the court, the determination
19 of whether an alien is unlawfully present in the United States
20 shall be made by the federal government, pursuant to 8 U.S.C.
21 § 1373(c). The court shall consider only the federal
22 government's determination when deciding whether an alien is
23 unlawfully present in the United States. The court may take
24 judicial notice of any verification of an individual's
25 immigration status previously provided by the federal
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1 government and may request the federal government to provide
2 further automated or testimonial verification.
Section 28. (a)(1) Every public elementary and
4 secondary school in this state, at the time of enrollment in
5 kindergarten or any grade in such school, shall determine
6 whether the student enrolling in public school was born
7 outside the jurisdiction of the United States or is the child
8 of an alien not lawfully present in the United States and
9 qualifies for assignment to an English as Second Language
10 class or other remedial program.
11 (2) The public school, when making the determination
12 required by subdivision (1), shall rely upon presentation of
13 the student's original birth certificate, or a certified copy
14 thereof.
15 (3) If, upon review of the student's birth
16 certificate, it is determined that the student was born
17 outside the jurisdiction of the United States or is the child
18 of an alien not lawfully present in the United States, or
19 where such certificate is not available for any reason, the
20 parent, guardian, or legal custodian of the student shall
21 notify the school within 30 days of the date of the student's
22 enrollment of the actual citizenship or immigration status of
23 the student under federal law.
24 (4) Notification shall consist of both of the
25 following:
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1 a. The presentation for inspection, to a school
2 official designated for such purpose by the school district in
3 which the child is enrolled, of official documentation
4 establishing the citizenship and, in the case of an alien, the
5 immigration status of the student, or alternatively by
6 submission of a notarized copy of such documentation to such
7 official.
8 b. Attestation by the parent, guardian, or legal
9 custodian, under penalty of perjury, that the document states
10 the true identity of the child. If the student or his or her
11 parent, guardian, or legal representative possesses no such
12 documentation but nevertheless maintains that the student is
13 either a United States citizen or an alien lawfully present in
14 the United States, the parent, guardian, or legal
15 representative of the student may sign a declaration so
16 stating, under penalty of perjury.
17 (5) If no such documentation or declaration is
18 presented, the school official shall presume for the purposes
19 of reporting under this section that the student is an alien
20 unlawfully present in the United States.
21 (b) Each school district in this state shall collect
22 and compile data as required by this section.
23 (c) Each school district shall submit to the State
24 Board of Education an annual report listing all data obtained
25 pursuant to this section.
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1 (d)(1) The State Board of Education shall compile
2 and submit an annual public report to the Legislature.
3 (2) The report shall provide data, aggregated by
4 public school, regarding the numbers of United States
5 citizens, of lawfully present aliens by immigration
6 classification, and of aliens believed to be unlawfully
7 present in the United States enrolled at all primary and
8 secondary public schools in this state. The report shall also
9 provide the number of students in each category participating
10 in English as a Second Language Programs enrolled at such
11 schools.
12 (3) The report shall analyze and identify the
13 effects upon the standard or quality of education provided to
14 students who are citizens of the United States residing in
15 Alabama that may have occurred, or are expected to occur in
16 the future, as a consequence of the enrollment of students who
17 are aliens not lawfully present in the United States.
18 (4) The report shall analyze and itemize the fiscal
19 costs to the state and political subdivisions thereof of
20 providing educational instruction, computers, textbooks and
21 other supplies, free or discounted school meals, and
22 extracurricular activities to students who are aliens not
23 lawfully present in the United States.
24 (5) The State Board of Education shall prepare and
25 issue objective baseline criteria for identifying and
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1 assessing the other educational impacts on the quality of
2 education provided to students who are citizens of the United
3 States, due to the enrollment of aliens who are not lawfully
4 present in the United states, in addition to the statistical
5 data on citizenship and immigration status and English as a
6 Second Language enrollment required by this act. The State
7 Board of Education may contract with reputable scholars and
8 research institutions to identify and validate such criteria.
9 The State Board of Education shall assess such educational
10 impacts and include such assessments in its reports to the
11 Legislature.
12 (e) Public disclosure by any person of information
13 obtained pursuant to this section which personally identifies
14 any student shall be unlawful, except for purposes permitted
15 pursuant to 8 U.S.C. §§ 1373 and 1644. Any person intending to
16 make a public disclosure of information that is classified as
17 confidential under this section, on the ground that such
18 disclosure constitutes a use permitted by federal law, shall
19 first apply to the Attorney General and receive a waiver of
20 confidentiality from the requirements of this subsection.
21 (f) A student whose personal identity has been
22 negligently or intentionally disclosed in violation of this
23 section shall be deemed to have suffered an invasion of the
24 student's right to privacy. The student shall have a civil
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1 remedy for such violation against the agency or person that
2 has made the unauthorized disclosure.
3 (g) The State Board of Education shall construe all
4 provisions of this section in conformity with federal law.
5 (h) This section shall be enforced without regard to
6 race, religion, gender, ethnicity, or national origin.

Section 30. (a) For the purposes of this section,
2 "business transaction" includes any transaction between a
3 person and the state or a political subdivision of the state,
4 including, but not limited to, applying for or renewing a
5 motor vehicle license plate, applying for or renewing a
6 driver's license or nondriver identification card, or applying
7 for or renewing a business license. "Business transaction"
8 does not include applying for a marriage license.
9 (b) An alien not lawfully present in the United
10 States shall not enter into or attempt to enter into a
11 business transaction with the state or a political subdivision
12 of the state and no person shall enter into a business
13 transaction or attempt to enter into a business transaction on
14 behalf of an alien not lawfully present in the United States.
15 (c) Any person entering into a business transaction
16 or attempting to enter into a business transaction with this
17 state or a political subdivision of this state shall be
18 required to demonstrate his or her United States citizenship,
19 or if he or she is an alien, his or her lawful presence in the
20 United States to the person conducting the business
21 transaction on behalf of this state or a political subdivision
22 of this state. United States citizenship shall be demonstrated
23 by presentation of one of the documents listed in Section
24 29(k). An alien's lawful presence in the United States shall
25 be demonstrated by this state's or a political subdivision of
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1 this state's verification of the alien's lawful presence
2 through the Systematic Alien Verification for Entitlements
3 program operated by the Department of Homeland Security, or by
4 other verification with the Department of Homeland Security
5 pursuant to 8 U.S.C. § 1373(c).
6 (d) A violation of this section is a Class C felony.
7 (e) An agency of this state or a county, city, town,
8 or other political subdivision of this state may not consider
9 race, color, or national origin in the enforcement of this
10 section except to the extent permitted by the United States
11 Constitution or the Constitution of Alabama of 1901.
12 (f) In the enforcement of this section, an alien's
13 immigration status shall be determined by verification of the
14 alien's immigration status with the federal government
15 pursuant to 8 U.S.C. § 1373(c). An official of this state or
16 political subdivision of this state shall not attempt to
17 independently make a final determination of whether an alien
18 is lawfully present in the United States.

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