The class action has been launched on behalf of thousands of black people in Alabama who were allegedly prevented from sitting as jurors in serious criminal cases, many of which carried the death penalty, in a blatant move by prosecutors to achieve all-white or largely white juries. The complaint claims that the practice has been going on for decades.

It relates specifically to the actions of one prosecutor, Douglas Valeska, who is district attorney in the Alabama counties of Houston and Henry. The lawsuit alleges that he, together with his unnamed associate prosecutors, effectively relegated black people in their areas to "second class citizenship".

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The reaction was immediate, according to the Mexican mother of one of the winners, and rooted in the state's new law on illegal immigration.

"They told them, `You shouldn't be winning. You should go back to Mexico,"' said the woman, who spoke through a translator last week and didn't want her name used. She and her son are in the country illegally.

Spanish-speaking parents say their children are facing more bullying and taunts at school since Alabama's tough crackdown on illegal immigration took effect last month. Many blame the name-calling on fallout from the law, which has been widely covered in the news, discussed in some classrooms and debated around dinner tables.

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After two weeks, Spencer said Monday, the experiment is a failure. Jobless resident Americans lack the physical stamina and the mental toughness to see the job through, he said, and there’s not much of a chance a new state program to fill the jobs will fare better.

Gov. Robert Bentley has called such claims "almost insulting" to Alabamians. The new program has signed up about 200 people who want to work, but so far only one employer has sought one worker, the administration said.

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The vacancies have created a void that will surely deal a blow to the state's economy and could slow the rebuilding of Tuscaloosa and other tornado-damaged cities.

Employers believe they can carry on because of the dismal economy, but when things do turn around, they worry there won't be anyone around to hire.

Many legal Hispanic workers are fleeing the state because their family and friends don't have the proper papers and they fear they will be jailed.

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The Department of Justice's filing to the 11th U.S. Circuit Court of Appeals also said the law, considered by many to be the most stringent immigration measure in the country, could cause considerable fallout as immigrants flee to other states or their native countries.

A coalition of advocacy groups also filed a separate appeal Friday that claims the law has thrown Alabama into “chaos” and left some Hispanics too afraid to go to their jobs and reluctant to send their kids to school.

The court signaled in an order Friday that it wouldn't decide whether to halt the law until it reviews more arguments from both sides next week. The state must file a brief by Tuesday, and the government must respond by Wednesday. After that, the court could decide whether to intervene by issuing a preliminary injunction.

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Nineteen of them withdrew, and another 39 were absent, Lawrence said, the day after a federal judge upheld much of Alabama’s strict new immigration law, which authorizes law enforcement to detain people suspected of not being U.S. citizens and requires schools to ask new enrollees for a copy of their birth certificate. 

Even more of the students – who are U.S. citizens by birth, but their parents may not be – were expected to leave the state over the weekend, Lawrence said. 

"It’s been a challenging day, an emotional day. My children have been in tears today. They’re afraid," he said. "We have been in crisis-management mode, trying to help our children get over this."

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Rep. Charles Gonzalez, D-Texas, said "words have consequences" as he denounced the comment made recently by Rep. Mo Brooks, R-Ala.

"As your congressman on the House floor, I will do anything short of shooting them. Anything that is lawful, it needs to be done because illegal aliens need to quit taking jobs from American citizens," Brooks said to WHNT, an Alabama TV station, in an interview on June 29.

Alabama is one of several states to follow Arizona's lead in cracking down on illegal immigration. The Alabama law allows law enforcement to detain someone stopped for questioning who cannot prove their legal status and requires schools to determine if students can be legally in the United States.

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His strategy was unconventional, but in the days before the election, it appeared to be working. Davis held a steady lead over Agriculture Commissioner Ron Sparks in the weeks leading up to the primary, but when the votes came in Tuesday night, Sparks pulled out the win — stomping Davis with more than 60 percent of the vote.

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Davis had angered civil rights groups such as the Alabama New South Coalition and the Alabama Democratic Conference by bypassing their endorsement process. Those groups backed Sparks, who is white. Davis had said he had wanted to take his case directly to black voters, who traditionally make up about half of Democratic primary voters in Alabama.

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But a victory for Rep. Artur Davis in Tuesday’s primary may be a short-lived milestone.

In a state that has gone Republican in five of the last six votes for governor, GOP candidates may draw more voters and are jostling for attention, particularly Tim James. The son of a two-term governor, James has aired blunt ads against illegal immigrants that set off fierce Internet debate and gave new momentum to his campaign.

There is no clear leader in either primary, and voter interest seems sidetracked by economic doldrums and worries over the oil spill in the Gulf of Mexico that threatens Alabama shores.

Blacks make up nearly half of those who can vote in the Democratic primary, but Davis may have hurt his chances by scorning the state’s four major black political groups. The four have thrown their support behind his white opponent, state Agriculture Commissioner Ron Sparks.

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