Georgia and Alabama are asking a federal appeals court in Atlanta to stay legal arguments over their new immigration laws pending a U.S. Supreme Court decision on a similar measure in Arizona.
The Georgia and Alabama attorneys general asked the 11th Circuit Court of Appeals for the delay Thursday, just three days after the U.S. Supreme Court agreed to consider a lower court’s decision to block several portions of Arizona’s law. The higher court will be ruling on issues similar to ones at play before the appeals court in Atlanta.
Opponents of all three states’ laws say they are unconstitutional and interfere with the federal government’s authority to regulate immigration. Proponents deny those arguments, saying the states are trying to cooperate with federal officials in fighting illegal immigration.
At stake are provisions in Georgia’s law that would authorize police to investigate the immigration status of certain suspects and punish people who transport or harbor illegal immigrants. Both provisions are patterned after Arizona’s law.
A U.S. district judge in Atlanta put those Georgia provisions on hold in June amid a legal challenge brought by a coalition of civil and immigrant rights groups. Georgia has appealed that ruling to the 11th Circuit Court of Appeals. That court confirmed in November that it would hear legal arguments in the case.
“Awaiting the Supreme Court's guidance will better utilize the resources of the state and the courts, while maintaining our zealous defense of the law,” Georgia Attorney General Sam Olens said in a prepared statement Thursday.
In October, the appeals court approved the U.S. Justice Department's request to temporarily put parts of Alabama's law on hold pending the outcome of an appeal. Among the provisions that were halted is one that would require public school officials in Alabama to determine the immigration status of their students. The court, however, refused to halt a provision that would require police in Alabama to do immigration status checks under certain circumstances.
Alabama Attorney General Luther Strange said he was confident the Supreme Court will rule in Arizona’s favor.
“By staying the current proceedings,” he said, “we ensure that the 11th Circuit has the benefit of this ruling before it hears oral arguments in Alabama’s case, and we give the court even more reasons to uphold Alabama’s similar law.”
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