Georgia Attorney General Sam Olens has filed a motion with the 11th Circuit federal appeals court in Atlanta hoping to convince the court to approve the alien smuggling provision in HB87, a provision that the court specifically threw out (or issued a permanent injunction against) because it is unconstitutional.
The state wants to make it illegal for anyone to transport or harbor illegal immigrants while committing another crime. This is ridiculous - the state wants to jail anyone who happens to help somebody who is undocumented, like driving someone to the supermarket while speeding.
The states simply don't have jurisdiction to legislate an area of immigration law when the federal government has already entered that area, such as this case, which is exactly what the court decided.
The court very rarely agrees to rehear a case that was already decided before a three-judge panel. We hope the 11th Circuit denies the state's request for rehearing.
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