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The Alabama Illegal Immigration Law
Legal Challenges Ahead

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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 Law

The 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 Alabamians

Employers 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
The U.S. Supreme Court will rule on the Arizona law, after which Alabama's was crafted, in May or June. The 11th Circuit Court has postponed action on Alabama's lawsuit until after this ruling and so should the Alabama legislature. Action now will prejudice Alabama's defense as the lawsuit moves through the appeals process.


Keep Ala Illegal Law Strong - No Major Changes to Weaken the Bill

The following Alabama organizations are opposed to the major changes to the Alabama Illegal Immigration Law, and support keeping the current law strong, in its current state: and oppose to water it down.

Alabama Federation of Republican Women

Conservative Christians of Alabama

North Alabama Conservatives for Liberty

Alabama Alliance for Citizens Rights

Alabama League of Christian Voters

Alabama Alliance Against Abortion

Alabama Clergy Council

Alabama Defenders of the Constitution

Alabama Conservative Congress

Birmingham Liberty Conservatives

Alabama Citizens Against Drunk Driving

Traditional Marriage

Alabama Christian Citizens

Alabama Tea Parties wish to keep the current Ala Illegal Immigration Law as it is

Tea 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 Party

Lamar 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

Montgomery Tea Party

North Alabama Tea Party

http://www.rainydaypatriots.org/events/anniston-tea-party

Tea Party Time Network

Wetumpka Tea Party

Alabama Tea Party Patriots

Alabama Tea Party Caucus

Limestone Count Tea Party

Rainy Day Patriots Tea Party

Barbour County Tea Party

Birmingham Alabama Campaign for Liberty Conservatives

Birmingham Conservative Area Meetup

Alabama We Dare Defend Our Rights
Alabama Citizens for Legal Immigration. Sponsored by The Rainy Day Patriots.org Tea Party

Alabama Constitution Party Meetup Group

Oppose the current Micky Hammond changes to the Alabama Illegal bll HB 658, it is a Wolf in Sheep's Clothing

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:
If your district representative is on the Public Safety and Homeland Security Committee, and ask them to keep the Alabama law strong

Request a Public Hearing before they vote on Wednesday April 11, These members are:
Micky Hammon, Chair (R) 334/242-7709
Alan Boothe (R) 334/242-7710 -
Napoleon Bracy (D) 334/242-7756
David Colston (D) 334/242-7535
Dickie Drake (R) 334/242-7600
Allen Farley (R) 334/242-7767
Wayne Johnson (R) 334/242-7492
Charles Newton (D) 334/242-4460
Harry Shiver (R) 334/242-7745

If you would prefer not to call/email your legislator, you can simply leave a message with the receptionist for your Representative at: 334/242-7600. The message can be as short as "Please vote no on HB 658. Because it weakens our existing law."

More Contact Info of Alabama Legislature Hose and Senate members, email and home phone numbers Alabama Legislature Contact Info

Call Goren Robert Bentley, ask him to oppose the bill in current form, and tell him we need changes to strengthen the bill, not weaken it as proposed. Call and leave a short message with the secretary now at 334-242-7100



Concern: 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. The information requested for children of illegal parents is nothing different than is currently required of all citizen parents. Laws should be equally applied to all. Repeal of this section is apparently an effort to be "politically correct".



8. 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 be able to inspect records of employers and check employees against E-Verify is laudable.

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.

----------------- 1. Contractors - to ensure their workers are legal residents (Section 31-13-9, page 22)

. 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
1. Increase penalties on unlawful employers as a deterrent * The bill gives employers an economic incentive to break the law. This can be corrected: * Incorporate Section 40-29-110 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 © keep records and supply information regarding employees for tax purposes. * Penalties under the above tax code for tax fraud conviction are not more than $100,000 or $500,000 for a corporation, or imprisonment of not more than three years, or both.
2. Make the refusal of employers to sin up with E-Verify a misdemeanor, as Arizona does. * The bill currently mandates that all employers SHALL enroll in E-Verify. However, there is no penalty for not doing so. * No penalty and lax enforcement with the possibility of skating even if convicted, makes a mockery of the law. 3. Restore requirement that contractors be liable for hiring ONLY legal workers. This can be accomplished by adding an affidavit to contracts with subcontractors. 4. Require 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 law, add certainty to enforcement by saving time and money in investigative and other enforcement costs, and save taxpayers and state budgets hundreds of millions of dollars every year in costs to subsidize unlawful employers.
We should love and care for "the stranger among us" and always be mindful of their need for salvation. But we also have a duty to apply all laws equally and fairly without regard to race, creed, color, or national origin. Our immigration laws must be strictly and justly enforced. It's not only a matter of national survival - it's our Christian duty.



PROPOSED CHANGES IN DETAIL TO THE ALABAMA ILLEGAL IMMIGRATION LAW
1. ALABAMA IMMIGRATION LAW: Proposed Revisions by House Speaker Hubbard & Rep. Micky Hammon Weaken Our Current Law Contractors are no longer required to ensure workers are legal residents
Proposal to Repeal 31-13-9(d)/ Page 22
 Repeals requirement that contractors be responsible that workers on their jobs are legal workers, checked by E-Verify. QQQ
ALTERNATIVE TEA PARTY RECOMMENDATIONS TO STRENGTHEN THE BILL & SOLVE CONCERNS OF CONTRACTORS:

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.
 The best way to reduce illegal immigration is to hold employers accountable. The only way to do this is to require that ALL employers and ALL new workers be checked for legal residency through E-Verify.
 The primary problem with the hiring of illegal aliens is through subcontractors. The current law corrected the problem of contractors claiming deniability by holding contractors accountable for ensuring that subcontractors use E-Verify. The solution is as simple as including an affidavit on a contract.
 If the sponsors of this bill wanted to make it even easier and more certain that subcontractors could not continue to commit tax fraud and violate the current immigration law, the state could post on a state website the names of all businesses which enroll in E-Verify. A click by a contractor of enforcement official would determine if the subcontractor was in compliance with the law.

2. ALABAMA IMMIGRATION LAW: Revisions by House Speaker Hubbard & Rep. Micky Hammon Weaken Our Current Law

Proposal to Repeal
Citizens can no longer sue state officials who refuse to enforce law - Proposal to Repeal (Section 31-13-5, page 10)
 Repeals rights of citizens to individually or collectively sue state officials who have the responsibility but refuse to enforce Alabama's immigration law.
 Repeal removes the ability of citizens to hold appointed/elected officials accountable in order to prohibit sanctuary policies and practices and enforce the intent of the law.
 Revision requires citizens to file a petition with their county district attorney or the Attorney General to file a civil action. The DA/AG can elect to dismiss or respond to request. QQQ

ALTERNATIVE TEA PARTY RECOMMENDATIONS TO ENSURE ALABAMA WILL NOT BECOME A SANCTUARY STATE:
1) Make the refusal of employers to sign up with E-Verify a misdemeanor (as in AZ law). This way, when there is a complaint, an investigator can determine within minutes if the employer uses E-Verify, and enforcement would be more certain. If the employer did not enroll in E-Verify as mandated by law, the employer would be fined. This would deter employers from hiring illegal aliens. It would also give them protection from prosecution if illegal aliens were inadvertently hired.
2) Enforce CURRENT Alabama laws on tax evasion and add these to the bill. Section 40-29-110 of Alabama tax codes make it a felony for employers to evade tax laws and commit tax fraud. This is what employers who hire illegal aliens are doing. Current laws should be enforced to punish them as a deterrent to the fullest extent of the law.
Tax evasion occurs in a number of ways, including the failure to: * Pay payroll taxes for employees hired "under the table" * Collect state taxes from employees. * Keep records and supply information regarding employees for tax purposes. Tax codes state that penalties for employers who are convicted of tax fraud shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than three years, or both.



Tea Party Comments 31-13-5/10 Citizens can no longer sue state officials who refuse to enforce law
The purpose of this provision in the current immigration law is to prevent Alabama from being a sanctuary state. The revision removes this safety valve.
 The revision to give DA/AG discretion to file a lawsuit based on a complaint ensures that there will be in most cases be no enforcement and Alabama will become a sanctuary state. To wit:
 The overload of DA's and Courts is so horrendous that even most murders don't go to trial. It's silly to think that DA's would take scarce resources and use hundreds of man-hours to investigate complaints against employers who hire illegal aliens since the law makes it virtually impossible to prove.
 A case in point is the Attorney General, who asked that the responsibility for his office to enforce Alabama's immigration law be removed since he's too busy to enforce this law.
 In the rare chance that a DA was willing to take untold time to chase down proof, and in the unlikely event that a case was proven, their efforts wouldn't be worth it since the law gives employers a "get out of jail free" card, there are no civil or criminal sanctions against unlawful employers, and employers can start their unlawful activity all over again.
 To put the purpose of the current immigration law in context: The reason for authorizing citizens to sue is to avoid experiences of municipalities, churches, and officials in other states which refuse to enforce immigration laws. It's imperative for citizens to have the ability to take civil action, if needed, to prevent Alabama from becoming a sanctuary state because individuals won't perform their sworn duties.




RECOMMENDATIONS

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.

PLEASE KEEP THIS GOING...... COPY AND FORWARD TO ALL OF YOUR FRIENDS & FAMILY

IT'S TIME TO WAKE UP AMERICA ! WAKE UP!!!!!

 

Read more: Immigration and Christian duty

Bible and Immigration

Bible Illegal Immigration

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Proposed Conservative Laws Conservative Laws

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