United States of America v. Alabama, State of et al

Filing 2

MOTION for Preliminary Injunction by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Reeves, C)

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FILED 2011 Aug-01 PM 03:38 U.S. DISTRICT COURT N.D. OF ALABAMA EXHIBIT 10 JUL-31-2011(5UN) 11:57 Rosen Harwood. p, A, (FAX)205 7588358 P.001/003 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA ;QECLARATION OF BOBBY TIMMONS, EXEUCTIVE DIRECTOR OF THE ALABAMA SHERIFFS' ASSOCIATION I) Bobby Timmons, declare and state as tallows! 1. 1 serve as the executive director tor the Alabama Sheriffs' Association, a §50l(c)(4) non-profit association which represents Alabama's sixty-seven elected sheriffs and their offices, and which promotes the fair and efficient administration of criminal justice throughout the state of Alabama. 2. I have served as the Executive Director of the Association since 1975. 3. One of the purposes for the Alabama Sheriffs' Association is to assist the sheriffs of this state in developing training for the officers within their department, and to' assist in raising the professionalism of law enforcement throughout the state. 4. The elected sheriffs of the state are among the law enforcement officers mandated by the Act to investigate the immigration status of individuals and detain persons who are believed to be unlawfully present in the United States. JUl-31-2011(SUN) 11:57 5. Rosen Harwood, P. R. (FRX)205 7588358 P.002l003 With the Act scheduled to go into effect on September 1, 2011, sufficient time is not available to develop, disseminate, and implement a training curriculum that will educate Jaw enforcement offIcers on the details of the law and best practices for enforcing it. 6. Several sheriffs already participate in 287(g) agreements with the United States Department of Homeland Security, pursuant to 8 U.S.C. §1357(g). The officers who have been assigned to participate in .this program by their sheriffs are each required to successfully complete an intensive four weck training course. An educational program containing many of the elements of the DRS program should be developed to assist Alabama oflicers in effectively and efficiently enforcing dIe provisions oftho ncw law. 7. The litigation currently before the Court challenges the constitutionality of many ofthe provisions of the law. It would be a waste of incrcasing1y scarce resources 'to devclop a training program that addressed the cnforcement of provisions which are ultimately struck down. 8. Sheriffs face onerous personal civil penalties and the loss of state funding if they do not enforce the Act to the "fullest extent permitted by law." On the other hand. sheriffs face civil liabilIty if they enforce an unconstitutional law. While sheriffs may ultimately be protected :from any judgments based upon their enforcement of the law, their offices will still be faced with significant logal defense costs, at a time when their budgets are already strained to the breaking point. 9. In addition to the training issues and the costs of defending potential lawsuits, the law's requirement that individuals be held indefinitely until they prove they JUL-31-201J(SUN) 11:58 Rosen Harwood. P. A. (FAX)205 7588358 P.003/003 are in the United States legally, will place additional burdens on crowded jails. The inevitable increase in the; populations of the local jails will necessitate an increase in staffing to thejails~ as well as possible health cost and incrcased gcncraljail expenses. In the current economic climate, adding additional jail cost is not a. realistic option for any of the members ofthe association. 10. While 'the Alabama. SheriffS' Association takes no position as to the constitutionality of the provisions of the Act, it nonetheless supports the entIy of an injunction on the enforcement ofthe law until the Court has resolved those issues. I declare under penalty of perjury and pursuant to 28 U.S.C. §1746 that 'the forgoing is true and COJ.Tect. Executed this the 29th day of July, 2011, in Montgomcry~ Alabama. ons Executive Director, AJabmnaSh~~ABsociation

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