Two months before the Supreme Court hears arguments over Arizona's controversial new immigration law, another courtroom battle will take center stage, this time over Alabama's immigration crackdown.
On Thursday, the U.S. Court of Appeals for the 11th Circuit, based in Atlanta, will hear arguments over whether a state can pass tough new measures to crack down on illegal immigrants, a power typically reserved for the federal government.
The Alabama law, which took effect in September, requires police to check the immigration status of anyone they detain and suspect of being in the country illegally. Other parts of the law make it a felony for illegal immigrants to apply for or renew drivers' licenses, identification cards or license plates.
The Obama administration sued in August to block the law, accusing Alabama of interfering with the federal government's exclusive authority over immigration policy.
Alabama's law goes further than Arizona's, requiring public schools to obtain the birth certificates of children upon enrollment, among other provisions. In October, the 11th Circuit temporarily blocked the school reporting requirement. The court also suspended the section that requires illegal immigrants to carry immigration documents at all times.
Whatever the outcome of the two cases, it is sure to add fuel to an already fiery debate over immigration in a presidential election year. Decisions are not expected in either case until summer or later.
A key question in both the Alabama and Arizona cases is the extent of the federal government's power to dictate immigration policies. Under the U.S. Constitution's Supremacy Clause, federal laws and regulations trump conflicting state laws. But when Congress passed the major federal immigration laws, it did not clearly indicate whether it intended to bar state laws in the same field.
Read More: Alabama's controversial immigration crackdown heads to court
