On Friday, October 14, the 11th Circuit Court of Appeals entered an order enjoining the enforcement of two more sections of Alabama's new immigration law. The Court enjoined the enforcement of Section 10, which states "(a) In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 18 USC Section 1304(e) or 8 USC Section 1306(a), and the person is an alien unlawfully present in the United States."
The Court also enjoined the enforcement of Section 28 which addresses elementary and secondary school students and requires schools to determine at enrollment whether the student was born outside the US or is the child of an alien not lawfully present in the US, and qualifies for assignment to an English as Second Language class or other remedial program. If upon review of the student's birth certificate, it is determined that the student was born outside the US or is the child of an alien not lawfully present in the US, the parent, guardian or legal custodian shall notify the school of the student's citizenship or immigration status. Each school district is required to collect and compile this data and submit it to the State Board of Education as an annual report. HB 56 PROHIBITS the public disclosure of any information which personally identifies any student,with some limited exceptions. The student will not be prohibited from attending school if he/she is not legally in the country.
The following provisions were enjoined by Judge Blackburn: 8, 10(e), 11(a), 13, 16 and17, and the 11th Circuit did not lift the injunction as to these provisions.
Practice pointer. As the Court pointed out in the opinion, this decision does not bind the merits panel, which will review the case after full briefing and oral argument.