The Alabama Illegal Immigration Law
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CRITIQUE OF ALABAMA'S IMMIGRATION LAW (HB658)After one year of protests, legal challenges, and denunciations from the Department of Justice; religious and business communities; civil rights, immigrant and labor advocates; and even foreign countries, Alabama's legislature and Gov. Robert Bentley announced negotiations to amend HB 56, the harshest state immigration law ever passed in the United States. Instead of compromising, however, they doubled down on their anti-immigrant position, making Alabama's law the strongest in the nation.HB 56 drew the ire of such a broad-based coalition because it criminalizes almost every aspect of an unauthorized immigrant's life. The law makes it a crime to work or be caught without legal status; makes it illegal for Alabama residents to sign a contract with unauthorized immigrants, or to knowingly rent property to them or hire them; and even requires that K-12 schools "determine whether the student enrolling in public school was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States." Section 28 in particular, has already instilled so much fear in students and parents that thousands of Latino students are missing class across the state. Although some of the law's provisions have been enjoined by the U.S. Court of Appeals for the Eleventh Circuit, much of it is still intact. In HB 658, which under Section 32-6-9(5) requires the Administrative Office of Courts to report the names and case information of all unauthorized immigrants who have been in an Alabama court for any reason; Alabama's Department of Homeland Security must then make that information public on their website. Supreme Court Ruling and Alabama LawThe U.S. Supreme Court, in a 5-3 ruling, strikes down 3 provisions of Arizona’s SB1070, for conflicting with federal authority:- Section 3: Alien registration crime. (Similar to Alabama’s Section 10.) Provides for the prosecution under Arizona law for failing to obtain or carry registration papers from the federal government. - Section 5(C): Working while undocumented crime. (Similar to Alabama’s Section 11(a).) Makes it a crime under Arizona state law for an undocumented immigrant to work or solicit work without authorization. - Section 6: Warrantless arrests. (No similarity in Alabama’s law.) Permits Arizona officers to make warrantless arrests if there is probable cause to believe that the person has committed a crime that makes the person removable. Allows police to arrest legal immigrants who previously committed crimes that make them eligible for deportation. The Court left the “show me your papers” provision in effect but warned that, depending on how it’s applied, it could be ruled unconstitutional for impermissible civil rights violations. - Section 2(B): The “show me your papers” provision. (Similar to Alabama’s Section 12.) Requires police to check the immigration status of all persons they arrest or stop (typically traffic stops) if the officer has “reasonable suspicion” that they are in the country illegally. The Court acknowledged that this isn’t the end of the line. They only examined the law to answer the question of whether states had the authority to pass such laws. The Court left the door open to future preemption and constitutional challenges. We expect many cases will now be filed to challenge the law as it is applied by states and law enforcement groups. No decision on SB1070 will immediately resolve the legal battle in Alabama over HB56. It will still be up to the 11th Circuit to apply the decision to our case. - The 7 sections of HB56 currently blocked will not immediately go into effect. - The 11th Circuit will have to consider the SCOTUS ruling, along with the content (text) of Arizona’s law and see how it compares to the similar provisions in HB56, the legal arguments, and the facts alleged in our lawsuit. - For all of remaining provisions of HB56 (for instance Sec. 28) the 11th Circuit will have to decide if and how the SCOTUS decision applies. Of course, the legislature could come and amend HB56 again, one way or another, to align with the Court’s decision and keep HB56 whole. Alabama Illegal Immigration Law results in self deportation and more jobs for local AlabamiansEmployers in Alabama’s Marshall County are hiring new workers following the stepped-up federal and state enforcement of immigration laws.“It is amazing to see the effects” as undocumented workers leave town, said Chuck Ellis, a member of Albertville’s city council. Immigration is a hot-button issue that is testing the skills of candidates as diverse as President Barack Obama and Texas Gov. Rick Perry. They’re being further tested by a wave of new state laws, and by some limited federal enforcement, which are giving voters real-world tests of rival policies. Recently, for example, the Wayne Farms chicken-processing plant in Marshall County held a jobs fair to fill slots that opened when many Hispanic workers left the county. The line “was probably equivalent to a couple of blocks … It was a largely Anglo and black group,” but also included Hispanics, said Ellis. “It is tough work, very tough … my momma did it for a while, I’ve had friends who did it,” said Ellis, who also works as a local sheriff.
The new reform measures are also reducing classroom crowding in the 4,000-student school district, said Ellis. Roughly 150 kids of migrant workers have departed the district, and perhaps 500 more will leave as enforcement continues, he said. “It is tough on those kids,” but their departure will free up teachers to work with other Hispanic kids that need to learn English, he said.
“A large proportion of the illegal Hispanic community has moved … self-deportation is a real thing,” said Ellis. Because of the exodus, the county’s unemployment rate has dropped to from about 9.5 percent to roughly 7.5 percent over the last several weeks, he said.
Read more: http://dailycaller.com/2011/10/06/alabama-official-says-tough-immigration-law-leading-to-self-deportation/#ixzz1z4E2OPRb
Alabama Federation of Republican Women Conservative Christians of Alabama North Alabama Conservatives for LibertyAlabama Alliance for Citizens Rights Alabama League of Christian Voters Alabama Alliance Against Abortion Alabama Defenders of the ConstitutionBirmingham Liberty Conservatives Alabama Citizens Against Drunk Driving
Alabama Tea Parties wish to keep the current Ala Illegal Immigration Law as it isTea Party Groups across Alabama want to keep the Alabama Illegal Law as it is, no major changes.
Rainy Day Patriots Tea Party Large Birmingham Group The Pratville Tea PartyLamar County Tea Party Calhoun County Tea Party Greenville Tea Party Colbert County Concerned Citizens Pike County Tea Party Liberty Patriots Tea Party of Decatur Common Sense Tea Party Mobile Baldwin Counties
http://www.rainydaypatriots.org/events/anniston-tea-party Birmingham Alabama Campaign for Liberty Conservatives Birmingham Conservative Area Meetup Alabama We Dare Defend Our Rights Alabama Constitution Party Meetup Group
Support the Beason bill SB 541, oppose Senate Bil HB658
If your conservative group wishes to join this effort to retain the Strength of the Alabama Illegal Immigration Law,
send us your name of group and web site to email: southernchristian @ yahoo.com (join email address together).
COMMITTEE MEMBERS, Alabama Public Safety Homeland Security Committee: Request a Public Hearing before they vote on Wednesday April 11, These members are: More Contact Info of Alabama Legislature Hose and Senate members, email and home phone numbers Alabama Legislature Contact Info
. The current law corrected the problem of contractors claiming deniability by holding contractors accountable for ensuring that subcontractors use E-Verify by signing an affidavit. The requirement that subcontractors sign an affidavit attested by a notary, however, was burdensome.
While the current law is a clear, concise, single paragraph, stating that a citizen-employee can sue an employer for hiring/retaining an illegal alien and discriminating against him/her, revisions
4. Public schools to collect data on children of illegal aliens to help the state budget for their fiscal impact. (Section 31-13-27, page 66)
The current law directs schools to compile information to help identify fiscal impacts to the state of providing a free education to children of illegal aliens. We know that ESL classes costs the state over $200,000 every year. Shouldn't the state/schools be aware of the full costs - especially when the state budget is in a crunch and the state has to cut some functions by at least 20%? How can the state otherwise budget for these escalating costs at a time when teachers are being let go, there's no money to buy textbooks or classroom supplies, and the state board of education has forced schools to implement national Common Core standards, which will cost taxpayers an additional hundreds of millions of dollars a year. The information requested is nothing different than is currently required of all citizen parents.
5 .Landlords can now knowingly rent to illegal aliens. (Section 31-13-13, page 41)
. Current law prohibits concealing, harboring, shielding, encouraging illegal aliens to come to/remain in Alabama. It classifies the willful renting to illegal aliens, while knowing they were in the state unlawfully, as harboring. Current law tracks federal law. Section 31-13-13, page 40 is of similar concern.
6.An additional concern is that added authority for the Department of Homeland Security is internally inconsistent. The added authority for Homeland Security to request proof of enrollment in E-Verify when a complaint is filed against an employer and to inspect records of employers and check employees against E-Verify
Section 13-13-15(b), page 46, mandates that ALL employers enroll in E-Verify. However, this revision does not penalize the employer for failure/refusal to enroll in E-Verify.
ii. Tea Party Recommendations to strengthen HB658
SECTION/PAGE - Proposal to Repeal
31-13-9(d)/ Page 22
1) Restore the requirement that contractors be held liable for the legal residency of all workers on their jobs. This can be accomplished by adding an affidavit to their contracts with subcontractors.
2) Require the appropriate state website to list names of businesses which enroll in E-Verify. This will enable state enforcement officers and contractors to be a click away from enforcing Alabama's immigration bill, save time and money in investigative/enforcement costs, and remove angst from contractors.
3) If the above two recommendations are implemented along with the two on subsequent pages to (1) include in the bill and enforce existing tax fraud laws, and (2) make the refusal to enroll in E-Verify a misdemeanor as Arizona does, the problem of illegal immigration and enforcement issues would be cut to a minimum. In addition, hundreds of thousands of dollars for education and social services would be saved every year.
Tea Party Comments on SECTION/PAGE -
31-13-9(d)/ 22
Illegal immigration can never be solved unless the magnet of jobs is removed.
2. ALABAMA IMMIGRATION LAW: Revisions by House Speaker Hubbard & Rep. Micky Hammon Weaken Our Current Law
Proposal to Repeal
1. Increase penalties on unlawful employers who commit tax fraud by hiring illegal aliens as a deterrent
HB 658 gives employers an economic incentive to break the law. This should be corrected:
Incorporate Section 30-29-110 of Alabama tax codes, which make it a felony for employers to commit tax fraud.
Tax evasion under the law occurs when employers fail to (a) pay payroll taxes for employees hired "under the table"; (b) collect state taxes from employees, and (c) keep records and supply information regarding employees for tax purposes.
Read more: Immigration and Christian duty Front Page
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