But the “Justice Department” says not so fast.
The U.S. Justice Department said it will appeal the decision by a judge in Birmingham, Alabama, that allowed the state to enforce parts of an immigration law opposed by the federal government.
“Under the Constitution, immigration, no less than other aspects of the nation’s foreign relations and foreign commerce, requires uniform regulation, and cannot be subject to a patchwork of state measures,” Justice Department lawyers said today in a request to put U.S. District Judge Sharon Lovelace Blackburn’s ruling on hold while it’s under review by the U.S. Court of Appeals in Atlanta.
Blackburn said in her Sept. 28 decision that under the law, state police can make “a reasonable attempt” to determine the immigration status of a person otherwise detained or arrested, when there’s reasonable suspicion to inquire about that status.
Nothing in the federal Immigration and Nationality Act “expressly preempts states from legislating on the issue of verification of an individual’s citizenship and immigration status,” Blackburn said in her 115-page ruling.
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