Judge Partially Blocks Controversial Georgia Immigration Law

[WSJ Law Blog]

Georgia federal judge Thomas Thrash yesterday partially enjoined parts of a controversial new immigration law in the state, ruling that the law's challengers were likely to prevail in their claims that federal law preempts certain provisions of the Georgia law.



Last week, we noted that the ACLU and other advocacy groups had filed suit challenging a Georgia law that is due to take effect July 1 and authorizes police to check the immigration status of suspects and to hand over to federal authorities anyone who is in the U.S. illegally. The law also requires businesses to verify that employees are eligible to work in the U.S. and criminalizes the transport of illegal immigrants.

The suit claims the immigration law oversteps state authority and opens the door to racial profiling of Hispanics, Asians and other minorities.

Yesterday, federal judge Thomas Thrash enjoined parts of the law, ruling that the challengers were likely to prevail in their claims that federal law preempts Georgia’s right to empower police to investigate the immigration status of suspects. The judge has not made a final determination on whether the new Georgia law is constitutional.

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