Concerned that illegal aliens will be deported:
Which is apparently not acceptable to the Department of Justice. It appears that the Department of Justice is of the opinion that illegal aliens should not be deported. That there exist certain classes of persons, illegal aliens attending schools and illegal aliens who have children attending schools, that should not be deported.Montgomery Advertiser October 3, 2011Alabama officials asked a federal judge Monday not to enjoin the state's immigration law, saying a group of plaintiffs appealing it had not presented evidence to block it.
U.S. District Judge Sharon Blackburn on Sept. 28 allowed major portions of the law to go into effect, saying plaintiffs attempting to block it had not met requirements for preliminary injunction. The U.S. Justice Department and a coaltion of groups and individuals represented by the American Civil Liberties Union and the Southern Poverty Law Center appealed the decision on Friday.
The state argued in its filing that the plaintiffs in the case had not shown they were likely to win on appeal, a requirement to grant a preliminary injunction, and that plaintiffs had not shown they would be harmed if the law went into effect.
On Section 28 of the law, which requires schools to collect the immigration status of students at the time of enrollment, the state noted that the law does not require schools to investigate the immigration status of parents or students, nor does it deny undocumented aliens education.
"Moreover, as emphasized at oral argument, Section 28 provides no enforcement mechanism in the event that a parent or guardian declines to provide the requested information," the brief said.
The state argued in its brief that Alabama would suffer harm if the federal court agreed to the injunction.
"If these sections are enjoined, a valid enactment of the State of Alabama will not be recognized and enforced by the courts as embodying the will of the people," the brief says.
In their filing Friday, the U.S. Justice Department argued that the state's immigration law hurt foreign policy and created "a unique class who cannot lawfully obtain housing, enforce a contract, or send their children to school without fear that enrollment will be used as a tool to seek to detain and remove them and their family members."
Which is quite strange as the laws of the United States, specifically the Immigration and Nationality Act, require aliens unlawfully present be deported. Perhaps the wunderkin at the DOJ forgot to consult with the United States Code before filing in court today. Maybe they are agnostic about illegal immigration, or, apparently athiest about it, as they don't believe in illegal immigration. Nor do they apparently believe in the Constitution.