U.S. Appeals Court Oversteps Authority

Today, I hear over CBS Evening News that the Appeals Court of the U.S. has suspended some parts of the new Alabama immigration law. One part they suspended was that which requires aliens to prove their status in the U.S.

It appears the Appeals Court has overstepped its authority and is invalidating existing federal immigration law.

United States Law, 8 USC 1304(e) requires that all aliens in the U.S. prove they are legally in the United States. There are fines and jail sentences imposed upon violators.

http://codes.lp.findlaw.com/uscode/8/12/II/VII/1304

Here is the text of the law that applies to legally admitted aliens:

(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times
carry with him and have in his personal possession any certificate
of alien registration or alien registration receipt card issued to
him pursuant to subsection (d) of this section. Any alien who fails
to comply with the provisions of this subsection shall be guilty of
a misdemeanor and shall upon conviction for each offense be fined
not to exceed $100 or be imprisoned not more than thirty days, or
both.

If a legally admitted alien for permanent residence is required to carry proof of his/her legal status at all times, it follows that an illegal alien would not get preferential treatment and be exempt from presenting proof of lawful status in the United States. The Appeals Court seems to be trying to legitimize illegal activity.