ALABAMA: Federal judge blocks some, upholds other parts of immigration bill
Episcopal News Service. September 28, 2011 [092811-03]
Pat McCaughan
Bishop Henry N. Parsley Jr. of the Episcopal Diocese of Alabama said Sept. 28 that he considered "good news" a federal judge's ruling partially blocking a stringent immigration bill he believed would have interfered with church ministries.
U.S. District Judge Sharon Blackburn's Sept. 28 ruling stopped – at least temporarily — Section 13 of HB 56, a key component that Parsley and other faith leaders sued to halt, fearful it would interfere with the work of the church, the bishop said in a statement.
"Today's ruling by the federal court is good news," according to a statement issued by Parsley and Bishop William H. Willimon of the North Alabama Conference of the United Methodist Church, who were joint plaintiffs in an Aug. 1 lawsuit seeking to halt the measure.
"The judge's decision to enjoin temporarily Section 13 protects our churches' ministries from prosecution under this overreaching law, and substantially protects our religious liberties," according to the statement. "We are still evaluating other aspects of the decision and are unable to comment further at this time.
"We believe that our involvement in this case has been necessary and important. We will continue to provide food, shelter, transportation, housing, and the church's sacraments to all of God's people, regardless of race, class, or citizenship status."
Also joining the lawsuit were Archbishop Thomas J. Rodi of the Catholic Archdiocese of Mobile, and Bishop Robert J. Baker of the Catholic Diocese of Birmingham.
Section 13 made it illegal "for a person to conceal, harbor or shield an alien unlawfully present in the United States, or attempt or conspire to do so; encourage an unlawful alien to come to the State of Alabama; or to transport (or attempt or conspire to transport) an unlawful alien."
Parsley and Willimon contended that offering parishioners rides to church could violate the law. In an earlier interview, Willimon said: "One of my churches consulted attorneys; they have five different ministries that are affected by this law. The attorneys urged them to terminate these ministries if they don't want to face prosecution."
Blackburn upheld other parts of HB 56, considered the toughest immigration measure in the nation, including its requirements to check the immigration status of students in public schools and for police to verify the status of those they suspect are in the country illegally.
She rejected the U.S. Justice Department's argument those sections are preempted by federal law. She did block others, saying "there is a substantial likelihood" that the Justice Department could establish the sections are preempted by federal law.
The Justice Department, the American Civil Liberties Union and other civil rights organizations had sued to keep the law from taking effect Sept. 1, saying that it is, among other things, unconstitutional and infringes on free speech and other rights. On Aug. 29 Blackburn issued a temporary injunction, saying she needed more time to evaluate the measure. That injunction would have expired on Sept. 29.
At issue was whether it infringed on the federal government's power to settle immigration issues.
Blackburn temporarily blocked four parts of the law until she can issue a final ruling. Those sections of the law would make it a crime for an illegal immigrant to solicit work and make it a crime to transport or harbor undocumented persons. It would also allow discrimination lawsuits against companies that dismiss legal workers while hiring undocumented persons and would forbid business from taking tax deductions for wages paid to undocumented workers.
Federal judges in several states, including Arizona, Utah, Indiana and Georgia, have already declared similar measures unconstitutional and unenforceable.
Some leaders, including Willimon, have said that the bill's authors sought to create a climate of fear and to drive undocumented persons from the state. About 4 percent of Alabama's population is Hispanic.
Alabama Gov. Robert Bentley signed the law on June 6.
Faith leaders had said the law created a climate of fear and had already severely impacted Hispanic congregations, where in many cases attendance has dropped by more than 50 percent since the law was enacted.
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