On October 14, 2011, the US Court of Appeals for the Eleventh Circuit released an opinion in US v. Alabama, issuing a preliminary injunction against two additional provisions of Alabama's new immigration law, while letting four others stand. In its decision, the court enjoined the enforcement of a requirement for schools to check the immigration status of newly enrolled students and a section of the new law, creating a misdemeanor charge for foreign nationals who are unable to demonstrate lawful presence in the United States.

The case was an appeal from the District Court of the Northern District of Alabama, which previously enjoined several other provisions of the new law (see Legal Update, Ogletree Deakins: Federal Court Blocks Enforcement of Several Provisions of the Alabama Immigration Law).

On June 2, 2011, the Alabama legislature passed H.B. 56, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (the Act). The Act, which contains several new immigration enforcement provisions, was signed by Governor Robert Bentley on June 9, 2011, and was set to go into effect on September 1, 2011.

A lawsuit brought by the United States challenged ten provisions of the Act, while in a separate lawsuit private plaintiffs argued that the entire Act is unconstitutional and is pre-empted by federal immigration law. On August 29, 2011, the district court granted a temporary injunction to consider the challenges to the Act. On September 28, 2011, the district court issued dual opinions enjoining several provisions of the Act. The plaintiffs appealed this ruling as to six provisions of the Act not enjoined by the district court, including Sections 10(a), 12(a), 18, 27, 28 and 30, and sought an injunction pending the appeal.

The unenjoined provisions of the Act became effective on September 29, 2011. On October 5, 2011, the district court denied the plaintiffs' request for an injunction pending an appeal.

The Eleventh Circuit granted the plaintiffs' request for an injunction of Sections 10 and 28, which permit law enforcement to charge immigrants, unable to demonstrate lawful presence in the United States, with a misdemeanor and require schools to check new students' immigration status. However, the court denied the plaintiffs' request as to Sections 12, 18, 27 and 30, provisions that:

The Eleventh Circuit's opinion contains little discussion of its reasoning, concluding, without elaboration, that the plaintiffs satisfied the four requirements for an injunction with regard to Sections 10 and 28.

The court noted that its ruling does not bind the three-judge Eleventh Circuit panel that will hear a full appeal of the district court's ruling following briefing and oral argument.

On October 13, 2011, the Department of Justice announced the creation of a telephone hotline to report potential civil rights concerns related to the 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 elibility, 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.