Aug. 26, 2011 - ALABAMA POLITICS

Rogers: Immigration law won't survive court challenge

By SCOTT WRIGHT

During a one-day stop in Centre last week, Dist. 3 Rep. Mike Rogers (R-Saks) stopped by The Post for an exclusive interview.

Among the questions posed to the four-term congressman was his thoughts on the Alabama Legislature's new illegal immigration bill, which has been challenged in court by several church groups and others opposed to its implementation.

A federal judge in Birmingham heard oral arguments from attorneys on both sides of the fight last week and is expected to rule soon on whether or not the law will go into effect Sept. 1, as scheduled.

“Well, as you know, I am a recovering attorney, and federal law preempts state law,” Rogers told The Post. “I think that will be the judge's ruling.”

Despite the outcome he expects, Rogers said he's still glad the states are taking a swipe at the federal government for failing its responsibility.

“I'm glad Arizona's done it, that Georgia's done it, that Alabama's done it,” he said. “I hope more states will do it because that will remind the federal government that is has got to do its job” on immigration.

“We're going this because you won't tend to your knitting,” he said.

“I hope this will keep the issue on the candidates as they run for office,” he said.

But as a practical matter, Rogers said, the result was pretty much preordained.

“The judge is going to enjoin that law because federal law preempts and there are already federal statutes governing immigration,” he said.

Rogers said he recently had a school superintendent ask him what he should do if the Alabama law goes into effect and he has to choose between enforcing it or enforcing a contradictory federal law.

“I told him to obey the federal law,” Rogers said. “In this matter, they're the gorilla and the state is the chimpanzee.”

The Post will have more of its interview with Rogers in the Sept. 5 edition, which will be delivered on Labor Day.