Federal court blocks parts of Alabama, Georgia Immigration Laws

A federal appeals court has blocked Alabama's requirement that schools determine whether enrolling children are illegal immigrants.

Under the law known as H.B. 56, parents must provide schools a copy of their children's birth certificates. For those who were born outside the United States or can't provide a birth certificate, parents must provide citizenship or immigration documentation. Students lacking those are presumed to be illegal immigrants.

The 11th U.S. Circuit Court of Appeals found on Aug. 20 that this provision interferes with the right to an elementary public education in violation of the Equal Protection Clause.

The ruling cites the 1982 Supreme Court decision in Plyler v. Doe that said a Texas law denying free public education to undocumented children violated the clause. In that case, the court emphasized the blamelessness of the affected children and required a higher threshold to justify the effects that a lack of education can have, the 11th Circuit ruling says.

The 11th Circuit specifies that H.B. 56's requirement to provide documentation will deter illegal immigrants from enrolling in school, even though state officials said they would collect the information only to have data about the costs of educating illegal immigrants. But state officials also said the requirement is "unlikely to yield particularly precise data," and inaccurate data would not be useful to forecast costs, the court says.

And while the provision restricts the dissemination of the information families provide, federal law requires states to disclose immigration information upon request. That makes the privacy restrictions "wholly ineffectual," the court says.

In a companion case, the 11th Circuit also blocked other provisions of Alabama's law because they intrude into the federal government's jurisdiction over immigration matters.

For example, the law criminalized illegal immigrants' applications for work and failure to carry alien registration documents.

Additionally, in another Aug. 20 decision, the court blocked part of a Georgia immigration law, H.B. 87, because it penalized conduct related to immigration status that the federal government already regulates.

Georgia's law made it an offense to transport or harbor illegal immigrants, for example. But the federal government already penalizes those actions through the Immigration and Nationality Act, the court says.

Did a Memorial Day traffic stop leave you in hot water with the law?

If you found yourself pulled over or at a click it or ticket check point, whether it is for DUI, Speeding, lack on insurance, or expired registration and find yourself in legal trouble. Start your defense by getting the right legal information. John W. Cowling is a defense attorney in Loxley, Baldwin County, Alabama. He will consult with you and go over all your options, then protect your rights in court. So If this Memorial Day Weekend didn't go as you had planned, and you got in trouble with the law, do yourself a favor and call the law office of John W. Cowling today 251-947-7667

As always, holiday weekends are a perfect time for police to increase their presence on the roadways. Do yourself a favor and take the extra time and make sure you are aware of any steps you can take to avoid unwanted police troubles while traveling this weekend. Before hitting the roadway, double check your plate and brake lights, locate and create quick access to your insurance, license and registration- keep your inspection stickers up to date (and license plates). Equipment violations are a great way to find yourself pulled over. Avoid giving the police a chance to legally stop you by making sure that your lights are working and any equipment issues have been addressed before heading out. As always have a safe and hassle-free weekend!

Are you prepared for the 4th of July weekend?

Fourth of July DUI Arrest - Fight Your Charges
   The fourth of July holiday is a time when many families and friends get together to celebrate. But nice weather, a party atmosphere and alcohol can add up to trouble. On this holiday weekend, state and local police are often on heightened alert for potential drunk driving and underage drinking.
   If you were pulled over and arrested for drinking and driving, you have legal rights. An arrest does not guarantee a conviction - talk to an attorney today about your next steps. Arrange a free, no-obligation consultation and learn your rights by filling out the form below now.

Take Precautions
   If you have plans to spend this holiday drinking with friends or family it's important to understand how alcohol can affect your judgment as a driver. Anyone with blood alcohol content measured at .08 or above is considered intoxicated in every state. You may reach this limit faster than you think, and even one drink could affect your ability to safely drive and react.

Law Enforcement is watching on the 4th
   During popular holidays such as July 4th, where there could be a higher number of inebriated drivers on the roads, the police are often paying close attention. This reality can make a driver more vulnerable to being stopped for routine violations such as an expired registration. So in addition to not driving while intoxicated, making sure your car registration is current could prevent an unnecessary detention from a police officer. Plus, many states increase the number of roadside DUI checkpoints during holidays

Breaking Minor Traffic Laws can have Big Consequences
   Besides any car registration issues, officers are also much more aware of even the most minor traffic infractions during the July 4th holiday. Many DUI arrests begin with a stop for a minor infraction.
   People who speed or drive too slowly might catch the eye of an officer looking to pull someone over. Even drivers who don't signal when turning or switching lanes may alert a police officer that intoxication could be a factor.
   Since many people tend to consume alcohol during this holiday, law enforcement is more sensitive than usual to any suspicious behavior. Therefore, more drivers may be pulled over for breathalyzer tests to help make sure the roads are safe for everyone.

Connect with an Alabama DUI Attorney Today, Call John W. Cowling

Mobile Councilors Pay Raise?

MOBILE, Alabama – A proposal to potentially link Mobile City Council members and the mayor's salary increases to cost-of-living raises city employees get was defeated by the council on Tuesday.

With a 4-3 vote, the council shot down a proposal pushed by Councilman Fred Richardson that would ask the Alabama Legislature to amend the Zoghby Act – the state law that establishes how Mobile's council-mayor form of government should operate – and link elected official pay raises with those of city employees.

The measure needed five votes for approval. Voting in favor of it were Richardson, Reggie Copeland, C.J. Small, and William Carroll. Voting against were Bess Rich, Gina Gregory and John Williams.

Following the vote, Rich and Gregory said they didn't support the proposal because they felt the council positions are public service jobs that are also part time.

"In the future, it might be the route we decide to go but it also brings up other questions," Gregory said. "If the economy improves and we are able to offer raises to employees every year, then does that mean the council raises continue to go up? Do we then look at capping the salary? I think it just opens up other questions that need to be looked at."

Richardson, in pushing for the proposal, said the present system of requiring the council to vote on its own raises every four years is not working because councilors have not voted themselves a raise in more than 16 years.

Richardson questioned why it is appropriate for federal and state lawmakers to approve their own pay raises, and not OK for the council to do the same.

"You can call Washington all you want, but they can't pave your street," Richardson said. "We are on the front line. To say there should never be a time a city council member or the mayor, who is working full time, should not receive a raise ... it's nonsense."

Richardson has said the proposal would mirror what is currently allowed for Mobile County commissioners, who last received a pay raise with the rest of the county's employees in 2008.

The council, last month, approved a 2.5 percent across-the-board pay increase for city employees as part of the fiscal year 2014 budget.

The council, however, did not endorse a pay raise for itself earlier this year when it had the opportunity to do so. Council and mayor pay raises can only be approved six months before a city-wide election, and the next time they can be authorized is in 2017.

"This is a common sense resolution," Richardson said, who emphasized that the proposal was not an actual vote for a pay raise.

Councilman William Carroll urged the council's more "conservative" members not to bend to constituency pressure of avoiding pay increases for elected officials.

"The fear I see from the conservative side of the council is the fear of a whiplash from what the general public might say about additional revenues going to an elected official," Carroll said. "If you are afraid of what the public is going to think, you need to educate the public on what actually happens in these chairs. The public is unaware of the midnight and 2 a.m. phone calls for service."

Carroll also said any consideration to reduce council member or the mayor's pay could lead to a situation where only the privileged serve.

"If at some point that Mobile feels as if those we elect should not be compensated, then we've gone backward," he said.