Georgia Approves Arizona-Like Immigration Law

By Stephanie Rabiner, Esq. on April 18, 2011 | Last updated on March 21, 2019

On the heels of the 9th Circuit's decision to uphold the preliminary injunction limiting enforcement of Arizona's S.B. 1070 immigration law, the state of Georgia has jumped into the immigration game.

The state legislature passed its very own Arizona-like law late last Thursday, citing the failure of the federal government to prevent illegal immigration.

Amongst its most controversial provisions, Reuters reports that the Georgia immigration law permits law enforcement to question criminal suspects about their immigration status.

The law also mandates that all private employers utilize the federal E-Verify database to check the immigration status of new employees.

The validity of the Georgia immigration law is already being challenged by a host of civil rights and pro-immigration groups who CNN reports are concerned about racial profiling and discrimination. There's also concern that the law is a sign that the recent court rulings are not enough to stop the momentum of similar laws across the country.

This may very well be true.

The 9th Circuit's recent decision is not binding in Georgia or most of the other states considering Arizona-like laws. Moreover, appellate courts in much of these areas have historically disagreed with the 9th Circuit's jurisprudence.

However, this momentum may not last very long. The Supreme Court heard a challenge to Arizona's mandatory E-Verify law last year and commentators generally felt that the Court was not welcoming to the idea. Depending on the outcome of that case and the wording of the Court's opinion, the death of the Georgia immigration law and its friends may be sometime soon.

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