On Monday, the Supreme Court decided to not take up an Alabama immigration law (H.B. 56) that makes it a crime to harbor or transport undocumented immigrants. In avoiding to hear this case, the appeals court decision that immigration law is a federal power stands. Justice Scalia was the only one who voted to hear the case.
That the Supreme Court chose to avoid this Alabama case is not surprising given the split decision on Arizona’s SB 1070 case last year, which struck down most of the provisions because they interfered with the federal government’s authority in immigration policy making.
The Alabama immigration legislation in question (H.B. 56) was signed into law in June 2011, and most of the law was struck down by the 11th Circuit Court of Appeals in August 2012.