A federal appeals court in Atlanta has struck down portions of Georgia’s controversial “Illegal Immigration Reform and Enforcement Act” (H.B. 87) prohibiting the transportation, concealing, or harboring of illegal aliens. Relying heavily on the recent, highly publicized Supreme Court decision in Arizona v. United States, the Circuit Court found that Section 7 of the measure is preempted by federal law. However, the U.S. Court of Appeals for the Eleventh Circuit also upheld another provision of the statute, Section 8, authorizing law enforcement officers to investigate a criminal suspect’s immigration status in certain circumstances. See Georgia Latino Alliance for Human Rights, et al. v. Georgia, Case 11-13044 (11th Cir. Aug. 20, 2012).
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