The 11th Circuit Court of Appeals in Atlanta just put the brakes temporarily on enforcement of some of the worst elements of Alabama’s immigration law, pending a full appeals court decision on the legality of implementation.

Back on Setpember 28, US district court judge Sharon Blackburn, ruling on a Government motion for preliminary injunction, allowed many draconian elements of the bill to go forward for now, but the appeals court enjoined some provisions, including one forcing public schools to track the immigration status of students and their parents and another provision that made a failure to carry proper documentation a state crime.  At the same time the appeals court allowed other measures of the law to go forward, pending further hearings, including:

One requiring that police during “lawful” stops or arrests “attempt to determine the immigration status of a person who they suspect is an unauthorized alien of this country.” That provision is similar to other laws aiming to crack down on illegal immigration passed by other state legislatures over the past year.

One barring state courts from enforcing contracts involving undocumented immigrants, if the hiring party had a “direct or constructive” knowledge that the person was in the country unlawfully.

One making it a felony for illegal immigrants to enter into a “business transaction” in Alabama, including applying for a driver’s license or a business license.

So this is a mixed bag, really. The racial profiling aspect of the law remains, and the enforcement of contracts provision really puts any undocumented immigrant working in Alabama at risk of being swindled. It’s good to see the public school measure blocked, but Alabama remains inhospitable for Latinos and immigrants after the appeals court action, as the head of the Civil Rights Division of the Justice Department explains.

Assistant Attorney General Tom Perez told reporters that local leaders are concerned about reports of increased bullying in schools and a large absence of Hispanic students from classes. The section of the law that raised those worries is now blocked.

Perez also said he is “absolutely” sure that victims of crime are not going to police out of fear of being deported. Given Friday’s news, that could remain a concern.

Oral arguments in the appeal will be heard as early as December. As similar immigration laws in other states are working through the courts, ultimately the Supreme Court will have to weigh in and set the boundaries for what states can be allowed to enforce within the context of matters subject to preemption by federal immigration laws.