Eleventh Circuit Enjoins Enforcement of Two More Provisions of Alabama Immigration Act | Practical Law

Eleventh Circuit Enjoins Enforcement of Two More Provisions of Alabama Immigration Act | Practical Law

The US Court of Appeals for the Eleventh Circuit enjoined the enforcement of another two provisions of H.B. 56, Alabama's 2011 immigration law. The enjoined provisions bar residents from knowingly entering into contracts with illegal immigrants and ban illegal immigrants from entering business transactions with state and local governments. Several other provisions remain in effect, pending a full resolution of the appeal by an Eleventh Circuit panel.

Eleventh Circuit Enjoins Enforcement of Two More Provisions of Alabama Immigration Act

by PLC Labor & Employment
Published on 12 Mar 2012 • USA (National/Federal)
The US Court of Appeals for the Eleventh Circuit enjoined the enforcement of another two provisions of H.B. 56, Alabama's 2011 immigration law. The enjoined provisions bar residents from knowingly entering into contracts with illegal immigrants and ban illegal immigrants from entering business transactions with state and local governments. Several other provisions remain in effect, pending a full resolution of the appeal by an Eleventh Circuit panel.
On March 8, 2012, the US Court of Appeals for the Eleventh Circuit issued an order enjoining Sections 27 and 30 of H.B. 56, Alabama's 2011 immigration law. These provisions:
  • Bar residents from knowingly entering into contracts with illegal immigrants.
  • Ban illegal immigrants from entering business transactions with state and local governments.
The order modifies the opinion entered by the Eleventh Circuit on October 14, 2011. That opinion granted the plaintiffs' request for an injunction of Sections 10 and 28, provisions that:
  • Permit law enforcement to charge immigrants, unable to demonstrate lawful presence in the US, with a misdemeanor.
  • Require schools to check new students' immigration status.
Both injunctions will stand pending complete resolution of the appeals. According to a statement by the Alabama Attorney General, the three-judge panel that heard the appeals will not issue a final ruling until after the US Supreme Court rules on the Arizona immigration law.
For more information on the October 14 opinion, see Legal Update, Eleventh Circuit Enjoins Enforcement of Two Additional Provisions of Alabama Immigration Act.
For information on the US immigration system and an overview of nonimmigrant and immigrant visa classifications that may be used by employers, see Practice Note, Hiring and Employing Foreign Nationals in the US: Overview.
For information on employers' obligations to document employees' work eligibility, see Practice Note, Demonstrating the Right to Work in the United States.
For information on employer enrollment and participation in E-Verify, see Practice Note, E-Verify for Employers: Best Practices.

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