
Alabama has implemented perhaps the most stringent anti-immigration laws in the US, and now the Department of Justice has sued to overturn parts of that law. The new law is even more draconian than the Arizona's SB 1070:
Alabama’s law is designed to affect virtually every aspect of an unauthorized immigrant’s daily life, from employment to housing to transportation to entering into and enforcing contracts to going to school. H.B. 56 further criminalizes mere unlawful presence and, like Arizona’s law, expands the opportunities for Alabama police to push aliens toward incarceration for various new immigration crimes by enforcing an immigration status verification system.
http://www.justice.gov/opa/pr/2011/August/11-ag-993.html
The Department of Justice has challenged the law in court.
Oddly enough, it turns out that the new Alabama law may violate the Alabama Constitution as well as the US Constitution. Presumably, the Alabama legislature didn't read Section 30, Article 1 of their Constitution before passing the law:
“That immigration shall be encouraged; emigration shall not be prohibited, and no citizen shall be exiled.”
When SB 1070 was passed in Arizona, there was an outcry from the right when DOJ challenged it in Court. Of course, the outcry was misguided; the AZ legislature knowingly provoked the suit by challenging federal authority. The same can be said of the Alabama legislature. They have knowingly provoked their own litigation with the DOJ:
So here we have a second state passing a Constitutionally dubious law to knowingly provoke a federal suit.
Fine. Let the citizens of Alabama pay the litigation costs of defending the Alabama legislature's action. What have we learned here?
1. This law is likely to be struck down in large part. Even those who passed admit it.
2. Costs associated with appealing litigation to the US Supreme Court are high.
3. Alabama, like most states, has serious budget problems.
Does anyone have a rational explanation for why Alabama would engage the US government is costly litigation in what they acknowledge is probably a lost cause? Especially considering that the state government has severely limited resources for such a folly?
Here's my theory:
They are driven by radical right wing extremists who care more about talking points and publicity than they care about their constituents and their fiscal responsibilities.
And I can't help but mention that Alabama has a checkered history on racial issues.....



