The South Bay’s House members are among 39 Democrats who signed a friend-of-the-court brief in support of the U.S. Department of Justice’s lawsuit against Alabama’s anti-illegal immigration law, HB 56.
Reps. Anna Eshoo, D-Palo Alto; Mike Honda, D-San Jose; and Zoe Lofgren, D-San Jose, joined in the brief filed Monday, which argued six sections of Alabama’s law are unconstitutional.
“All of these sections are impliedly preempted by federal law and Congressional power and, if allowed to stand, will create an unworkable conflict between federal and state enforcement schemes and priorities,” the brief said. “Such a conflict will frustrate the orderly enforcement of federal immigration law and could jeopardize this Nation’s relationships with its closest allies.”
The brief also argues the law will harm the rights of all Alabamans, including citizens, under the First, Fourth, Sixth and 14th Amendments.
Rep. Luis Gutierrez, D-Ill., spearheaded the effort to get lawmakers on board with the brief, including a Nov. 21 delegation trip to Birmingham, Ala., which Lofgren accompanied. Other signers of the brief included Democratic Whip Steny Hoyer, D-Md., and Democratic Caucus Vice Chair Xavier Becerra, D-Los Angeles.
“The Constitution is quite clear about the federal government’s preeminent role in immigration matters and having 50 inconsistent state policies towards immigrants is a level of chaos the Founders sought to avoid,” Gutierrez, who chairs the Congressional Hispanic Caucus’s Immigration Task Force, said in a news release. “HB 56 adds layers of punitive measures targeting Alabama residents that are inconsistent with federal policy. Congress has the responsibility to balance many concerns in legislating federal immigration policy, such as law enforcement, the economy, family unity, education, civil rights, and so on. HB 56 has and will cause irreparable harm to communities and families throughout Alabama, but will also cause irreparable damage to Constitutional principles if allowed to stand. We join the U.S. Department of Justice, civil rights organizations, immigrant advocates, educators and people of faith in calling for HB 56 to be stripped from Alabama’s law books.”