DOJ IS WRONGLY INTERFERING WITH ALABAMA'S STEPS TO PROTECT ITS CITIZENS

TMLC Files Brief Supporting Constitutionality of Alabama’s Tough Law on Illegal Immigration

January 5, 2012

ANN ARBOR, MI – Continuing its support of states that enact tough illegal immigration laws, the Thomas More Law Center, a national public interest law firm, based in Ann Arbor, Michigan, filed a brief supporting Alabama’s recently enacted law.

 The Law Center’s brief was filed on Tuesday, January 3, 2012, in the Eleventh Circuit Court of Appeals in the case of United States v. Alabama, a case brought against the state of Alabama by the Department of Justice (“DOJ”) to stop it from enforcing laws against illegal immigrants found in that state.  The Court of Appeals will hear oral arguments this March. [read brief here]

          

In September 2010, the Thomas More Law Center also filed a brief in the United States Supreme Court supporting Arizona’s illegal immigration law.  That law was also challenged by the DOJ.  In their brief, the Law Center argued for the need of the U.S. Supreme Court to review and reverse the decision of the lower courts.  The U.S. Supreme Court has agreed to hear oral arguments in United States v. Arizona during its Spring 2012 term.          

Because the DOJ has refused to enforce federal laws against illegal immigration, several states have acted to protect their citizens by passing laws to insure their safety, including Arizona, Alabama, Utah, Indiana, Georgia, and South Carolina.

Instead of stepping up its enforcement of federal laws passed by Congress prohibiting illegal immigration, the DOJ has filed lawsuits against states that have tried to protect their citizens from the economic, social and public safety impact illegal immigrants have on their states.  The DOJ’s primary contention is that federal law pre-empts state law in this area as the federal government holds the exclusive right to regulate immigration. 

In response to DOJ’s contention, the Law Center posits “States, and not the federal government, have the paramount right to exercise their police powers to provide for the physical protection and safety of persons within their respective borders.”             

Moreover, DOJ seeks to strike down the state laws under the non-enforcement policies of the Obama administration, and not under the actual authority or intentions of Congress, which passed laws prohibiting illegal immigration and providing for the removal of illegal immigrants.  The plain fact is that state legislation enforcing the illegal immigration laws does not conflict with Congress’ intentions and existing federal regulations. 

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “It’s clear that the DOJ is shirking its responsibility to enforce the laws against illegal immigration for political reasons.  The Law Center views their refusal as action that jeopardizes our national sovereignty and security.  If we can’t protect our borders and citizens from illegal immigrants, in time we will lose our country.”