Following a complaint brought in US federal court and a separate challenge in the an Alabama Circuit Court, the US Department of Justice has now filed its own constitutional challenge against the Beason-Hammon law. According to the Birmingham Business Journal,
The U.S. Justice Department has filed a legal challenge to Alabama’s new immigration law.
According to the lawsuit, the federal government accuses the state of overstepping its bounds with the new immigration law, which was billed as one of the toughest in the nation.
The lawsuit specifically challenges a number of sections of the Alabama law, including sections creating a criminal sanction for those who provide housing to unlawfully present aliens, criminalizes an unlawfully present alien’s attempt to seek work and penalizes employers who employ or retain unlawfully present aliens.
The suit requests that several sections of the Alabama law be labeled invalid, null and void. It also requests a preliminary and permanent injunction against the state that prohibits the enforcement of those sections.
Speaker Hubbard has already conceded that sections of the law will “probably” be struck down as unconstitutional. We know that every federal judge, both Republican and Democrat, have struck down milder versions of the Alabama statute. So, while the E-verify mandates will stand, I expect that many, if not most, of the provisions will be enjoined from being enforced. In other words, businesses and farmers: you still will need your employment lawyers.
UPDATE: Here is a copy of the Petition.