Alabama legislature approved a sweeping immigration reform late last week which goes far beyond the controversial Arizona law. The Alabama Taxpayer and Citizen Protection Act (ATCPA) is now pending a signature from Alabama Governor Robert Bentley who supports the measure.
Provisions within the legislation
H.B. 56 authorizes police officers to question suspects about their immigration status if there’s a reasonable suspicion that the individual resides in the country illegally.
The bill provides that undocumented criminals will be fined and turned over to federal authorities for deportation at the time of their release from prison. An attempt to register to vote or voting by an illegal alien will be a felony, punishable by jail time and a fine, and as a result, deportation.
The ATCPA requires Alabama public schools to collect data on the immigration status of all their students, and publish the results in a public forum, including what are the costs of educating illegal immigrants. The bill also bars undocumented students from enrolling in a public college or university.
H.B. 56 also makes it illegal to rent a residence to undocumented immigrants and anyone applying for state benefits will have to provide proof of legal residence.
Under the new law, employers will have to use E-verify to ensure they only hire legal residents. If they fail to do so twice, the employer’s business license might be revoked. Also, those who hire unauthorized workers will not be able to claim tax deductions on wages issued to people without a legal permit.
Immigrants who are authorized to work in US and US citizens will have additional protections against firing/layoffs by employers who hire illegal immigrants.
In addition, transporting illegal immigrants for any reason, even in an emergency situation, will be a crime except by a medical and ambulance attendant, protective service worker, or a first responder. Sanctuary cities will also be prohibited, making concealing and harboring of illegal immigrants a crime.
Legal Action
Similar bills, although not quite as far reaching, have been passed in Arizona, Utah, and Georgia. The Arizona and Utah laws have been blocked in the courts, and are still pending more legal action. In Georgia, a group of civil rights organizations filed a lawsuit just last week, also looking to block the law. It is reasonable to suspect that most of the provisions in the Alabama legislation will also be blocked.
All the lawsuits challenging the state immigration laws quote the supremacy clause in the U.S. Constitution. The supremacy clause states that federal regulation trumps any state law, therefore local immigration laws are preempted by federal law. Counter arguments so far have been unsuccessful leading to blockage of most important provisions within the Arizona law, although the process is far from finished.
Sources:
- The Legal Dictionary, supremacy clause
- Julia Preston, In Alabama, A Harsh Bill for Residents Here Illegally , New York Times
- Arizona Immigration Law (SB 1070), New York Times
Ewa Kochanska - Ewa works as a freelance photographer and journalist in Atlanta, GA. She has a degree in journalism and she's been writing and shooting ...
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