Atlanta Federal Judge blocks part of Georgia immigration law

A federal judge in Atlanta on Monday put on hold some of the most controversial parts of Georgia's new anti-illegal immigration law pending the outcome of a lawsuit challenging the measure's constitutionality.

In a 45-page ruling issued Monday, U.S. District Court Judge Thomas Thrash preliminarily enjoined the state from enforcing two provisions in the law that were supposed to go in effect Friday.

One of those provisions would empower police to investigate the immigration status of suspects who they believe have committed state or federal crimes and who cannot produce identification, such as a driver’s license, or provide other information that could help police identify them. The other would punish people who -– while committing another offense -- knowingly transport or harbor illegal immigrants or encourage them to come here.

The judge said in his ruling that the civil and immigrant rights groups who are suing to block the law have shown they are likely to succeed with their arguments that these provisions are preempted by federal law. Republican state Attoey General Sam Olens issued a statement Monday, saying his office would appeal the judge’s decision on these two parts of the law.

Also Monday, Trash threw out several arguments in the lawsuit from the American Civil Liberties Union, National Immigration Law Center and others. Among the arguments he dismissed were ones that say the new law violates people's rights to travel and their protection against unlawful search and seizure.

Both sides in the debate clamed victory Monday. On one side, opponents of the law trumpeted how they had at least temporarily stopped parts of the law they believe will promote racial profiling and violate civil rights.

”We know that the law is completely unconstitutional, said Teodoro Maus of the Georgia Latino Alliance for Human Rights, one of the many organizations that is challenging the law in court. ”We will continue organizing until it is erased from Georgia’s books and our community is respected in this state for all we contribute.

On the other side, supporters of the law highlighted how the judge left most of the measure intact, including a provision that would require many Georgia businesses to use the federal E-Verify system. That system helps companies ensure their newly hired employees are eligible to work in the United States.

”E-Verify is kind of the tent pole of the whole legislation to me, said the law’s author, Republican state Rep. Matt Ramsey of Peachtree City. ”We know the No. 1 incentive that exists for illegal aliens to come to Georgia is access to private sector jobs.

Another provision to take effect Friday calls for up to 15 years in prison and up to $250,000 in fines for people who use fake identification to get a job in Georgia.

Additionally, a seven-member Immigration Enforcement Review Board will be established to investigate complaints about local and state govement officials not enforcing state immigration-related laws.

Govement officials who violate state laws requiring cities, counties and state govement agencies to use E-Verify could face fines of up to $10,000 and removal from office.

Also, the state Agriculture Department will be directed to study the possibility of creating Georgia's own guest-worker program. Some Georgia employers have complained the federal govement's guest-worker program is too burdensome and expensive.

And on Jan. 1, state and local govement agencies have to require people applying for public benefits-- such as food stamps, housing assistance and business licenses -- to provide at least one "secure and verifiable" document, which could be a state or federally issued form of identification. Consular matriculation cards would not be accepted.

Also on this date, Georgia businesses with 500 or more employees would be required to use the federal E-Verify program to determine whether their new hires are eligible to work legally in the U.S.

The deadline would be July 1, 2012 for businesses with 100 or more employees but fewer than; and July 1, 2013, for firms with 11 to 99 employees. Businesses with 10 or fewer employees are exempt.