The Huntsville Times reported that: A lawsuit filed in Montgomery Circuit Court that alleged the Alabama immigration law violates the state constitution has been dismissed at the request of the plaintiffs.
The suit against Gov. Robert Bentley and Attorney General Luther Strange was brought on behalf of two illegal immigrants, two Hispanic U.S. citizens and one U.S. citizen who is married to an illegal immigrant.
Montgomery Circuit Court Judge Johnny Hardwick on Friday dismissed the lawsuit at the request of the plaintiffs.
Thomas Drake, a Cullman attorney who represented the plaintiffs, was not immediately available for comment today.
The lawsuit argued that Article I, Section 30 of the constitution says ''immigration shall be encouraged'' and ''emigration shall not be prohibited.'
The law made it illegal to encourage or induce an illegal immigrant to come to Alabama, but that provision was struck down by U.S. District Court Judge Sharon Lovelace Blackburn in September.
The lawsuit also pointed out that Article I, Section 34, the Alabama Constitution reads, ''Foreigners who are, or may hereafter become bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.''
The law barred illegal immigrants from renting property, but Blackburn also stayed that portion. The U.S. District Court in Birmingham and a federal appeals court both declined a request by the U.S. Department of Justice to block provisions that bar illegal immigrants from entering most contracts or conducting business with state and local governments.
The 11th Circuit Court of Appeals is expected to begin receiving briefs in the coming weeks from the Justice Department and a plaintiffs group opposing the law. The State of Alabama, which is defending the law and appealing Blackburn's decision to block parts of the law, is also expected to file reply briefs over the next two months.
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