The Labor & Employment Blog is a forum for practitioners and Bloomberg BNA editors to share ideas, raise issues, and network with colleagues.
Monday, September 10, 2012
by Laura D. Francis
effects of the U.S. Supreme Court’s ruling in Arizona v. United States are being felt in Alabama, where the U.S.
Court of Appeals for the Eleventh Circuit Aug. 20 reached a mixed decision striking
down and upholding various portions of the state’s immigration law.
Alabama’s H.B. 56 has been seen as going farther that Arizona’s S.B. 1070 in
cracking down on illegal immigration. But following the Supreme Court’s lead, the
Eleventh Circuit—which had been waiting for the Arizona decision before it
ruled on H.B. 56—found a chunk of the statute preempted by federal immigration
The employment provisions are a no-go: Alabama can’t make it a crime for an
alien unauthorized to work in the United States to apply for, solicit, or perform work
in the state. It also can’t bar employers from deducting compensation paid to
undocumented workers as businesses expenses on their state tax filings, and it
can’t create a civil cause of action where an employer fires or fails to hire a
U.S. worker while employing an undocumented worker.
Other parts of the law also were struck down, including a provision requiring
schools to collect data on students' immigration status.
On the other hand, in addition to a provision allowing police officers to
check immigrants’ status, the appeals court let stand a provision criminalizing
an undocumented immigrant’s attempt to obtain a business, commercial, or
The licensing issue currently is drawing attention in California and
Florida, where two undocumented immigrants are pushing for law licenses. California applicant Sergio Garcia recently
garnered the backing of the state legislature, which passed a resolution supporting his bar admission. The Florida Bar also supported Jose Godinez-Samperio's
bid for a law license--the Florida Supreme Court just announced that it will hear
oral arguments Oct. 2.
In Other Developments:
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