Thursday, March 8, 2012
11TH CIRCUIT COURT OF APPEALS EXTENDS INJUNCTION OF ALABAMA IMMIGRATION LAW
In a three page Order issued Thursday, March 8, 2012, the Eleventh Circuit Court of Appeals extended the existing injunction of Alabama's Immigration law to two additional sections of the law. Specifically, the Eleventh Circuit enjoined Sections 27 and 30. Section 27 barred courts in Alabama from enforcing contracts entered into between businesses and individuals not present in this country lawfully. Section 30 prohibited those not present lawfully from entering into "business transactions" - interpreted to include licenses and permits - with any level of government in Alabama. This past fall, the Federal District Court and the Eleventh Circuit enjoined several other sections of the law. The stay of enforcement is to remain in place "pending complete resolution of these appeals."
It should be noted that Alabama employers remain subject to the mandates and prohibitions set forth in Section 15 of the new law. Specifically, Section 15 prohibits the hiring, employment or continued employment of unauthorized workers, and requires employers to sign up for and begin using the federal E-verify system not later than April 1, 2012.
The leadership of the Alabama Legislature has indicated that they will support changes to the Immigration law that will make it easier to comply with and to enforce, however, no comprehensive bill on this subject has been introduced at this point. The Alabama Legislature began its Regular Session on February 7, 2012. They have used 11 of the 30 meeting days permitted for the session, and therefore have 19 meeting days remaining. The Session is expected to conclude in late May.
This Client Alert is for information purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. For more information or an explanation about the matters discussed in this Alert, please contact one of the attorneys listed above.