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A UMNS Report
By Heather Hahn*
6:00 P.M. EDT August 29, 2011
Participants in a North Alabama Annual (regional) Conference Faithful
Conversation about Alabama’s immigration law meet at Highlands United
Methodist Church in Birmingham. A UMNS photo by Danette Clifton.
View in Photo Gallery
A federal judge on Aug. 29 put a temporary hold on Alabama’s new
immigration enforcement law, winning cheers from United Methodist
leaders who oppose the law.
The law, HB56, was scheduled to go into effect on Sept. 1.
In her order, U.S. District Court Judge Sharon Lovelace Blackburn
said she placed the hold to give her sufficient time to rule on motions
filed in three consolidated lawsuits to block the law. A coalition of
civil rights groups, the U.S. Justice Department, and bishops of the
United Methodist,
Episcopal and Catholic churches acting as individuals filed the motions.
“In entering this order the court specifically notes that it is in no way addressing the merits of the motions,” Blackburn wrote.
The hold will remain in place until Sept. 29 at the latest, and
Blackburn expects to publish her decision on the three pending motions
by then.
“We think this is good news,” said Bishop William H. Willimon of the North Alabama Annual (regional) Conference, who joined the suit to stop the law. “It assumes that the judge has concerns about the law, and we look forward to further deliberations.”
At issue for Willimon and the other Christian leaders in the suit is the law’s provision that makes it a crime to knowingly “harbor” or “transport” immigrants who are not lawfully present in the United States.The
bishops contend that the law makes it a potential crime to provide
ministry to unauthorized immigrants, including administering the
sacraments. Willimon stressed that he is involved in the suit as an
individual, and no conference funds are going to legal expenses.
Blackburn at a hearing Aug. 24 expressed skepticism that the immigration law violates churches’ First Amendment rights, the Montgomery Advertiser reported. However, she also voiced doubts about whether parts of the law would pass constitutional muster.
According to the Montgomery Advertiser, she particularly challenged
the requirement for school districts to collect information on the
immigration status of newly enrolled students. She also questioned the
provision that allows police officers to detain a person if they have
“reasonable suspicion” the person is an unauthorized immigrant.
The Rev. Reagin Brown, a retired pastor from Fort Payne First United
Methodist Church, talks during the June 25 march in Birmingham. A UMNS
photo courtesy of Lyn Cosby.
View in Photo Gallery
“It’s clear to the judge that this law would have perhaps
irreversible consequences for the affected people, the affected
government agencies, the affected families and communities,” said Danny
Upton, a United Methodist attorney and native Alabaman. “Because that
potential for harm is so great, she’s just saying, ‘Let’s take a little
bit of time so I can study this and I can make a legally sound and
informed decision.’”
Upton is the national program attorney for the United Methodist ministry Justice for Our Neighbors, which provides free, professional legal services for immigrants at monthly clinics.
Both supporters and opponents of the Alabama law have called it the
toughest in country. More than 150 United Methodist clergy in Alabama
signed Willimon’s June 13 open letter sent to state government officials denouncing the law as unjust.
Similar state anti-illegal immigration laws also have faced federal
court scrutiny. An Arizona federal district court and the U.S. Ninth
Circuit Court of Appeals have ruled that parts of Arizona’s 2010 anti-immigration law
usurp federal immigration enforcement efforts. Federal judges have
blocked part of laws in Indiana and Georgia. In addition, the law in
Utah is now facing court challenges.
“I’m concerned about illegal immigration like anybody else,” Upton
said, “But I am also concerned about illegal laws, and what Alabama has
done here is to pass an illegal law.”
*Hahn is a multimedia news reporter for United Methodist News Service.
News media contact: Heather Hahn, Nashville, Tenn., (615) 742-5470 or newsdesk@umcom.org.
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