ALABAMA HB56 PARTIALLY UNCONSTITUTIONAL

The 11th Circuit also issued a ruling in the Alabama HB56 anti-immigration law. The court made a clear ruling that the k-12 schools provision violated the equal protection clause and the U.S. Supreme Court case of Plyler v. Doe so no reporting of undocumented school children or any of their family members.
In addition, the court struck down the provision making contracts unenforceable if the person is knowingly undocumented as an impermissible regulation of immigration.
Similar to the Georgia HB87 ruling, the harboring provision was struck down, finding the federal harboring scheme is a comprehensive field wherein states may not legislate.
The criminal provisions of Section 30 (Ala. Code 31-13-29) were upheld by the Eleventh Circuit, and are now in effect. This provision was amended by the legislature this spring, and so now applies only to: “applying for or renewing a motor vehicle license plate, applying for or renewing a driver’s license or non-driver identification card, applying for or renewing a business license, applying for or renewing a commercial license, or applying for or renewing a professional license.” Applying is now a class C felony in Alabama.

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