BIRMINGHAM, AL (WBRC) -
Alabama's immigration law is expected to be dramatically impacted by the U.S. Supreme Court's ruling on Arizona's law. The Obama administration challenged the law, saying it infringes on federal authority.
"I think the winner is the federal government, in the sense that the Supreme Court said the power to legislate about immigration resides with the federal government," John Carroll, Cumberland Law School Dean said.
The high court ruled parts of the Arizona law unconstitutional. This includes sections making it a state crime to violate federal immigration, a state crime for illegal immigrants to seek work and to allow police to make arrests without warrants. What stands is allowing law enforcement to ask for legal documents of suspected illegal immigrants.
"If a law enforcement agency can conducts a lawful stop for another reason, they can ask for immigration papers. They can't stop somebody if they believe that person may or may not be an illegal alien," Carroll said.
Governor Bentley still contends Alabama's immigration law is lawful.
"It's not our law but will surely, will probably affect us. I feel like what we have in place is constitutional and we will continue to enforce the law," Bentley said.
Gardendale Senator Scott Beason had this reaction to the ruling:
"Of course it's a mixed reaction. I'm very happy about the lawful stops provision being upheld and I'm concerned about some other opinions the court put forward," Beason said.
Beason questions limiting the authority of law enforcement to make arrests or detain those suspected of being illegal immigrants until federal authorities decide to allow it.
"That would be like you or I or anybody here call the sheriff to say somebody is breaking into my house here, and the sheriff says, 'Well you know you need to wait and see if we come by and stop it,'" Beason said.
Carroll expects the law will impact Alabama's law, which is currently in 11th Circuit Court of Appeals waiting on the U.S. Supreme Court to rule on Arizona.
"I think the ruling will end a lot of argument. The 11th Circuit and the district court has already stayed most of the provisions. I think this will be quick work when it get back to the 11th Circuit," Carroll said.
Alabama Attorney General Luther Strange says the ruling should force Congress to act on comprehensive immigration reform.
"You can't have it both ways. You can't say the states can't do anything in this area and then turn around and say we have all the power and they are not going to do anything about it," Strange said.
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