Laws in Alabama are known to be strict. Alabama immigration law in particular. Arizona’s anti-immigration law/immigration reform law has been taken to court by the Department of Justice.

The State of Alabama is in disarray over the changes to the law, known as H.B. 56. The intent of the law is to force illegal workers out of jobs. What is happening currently in the state is many construction workers, roofers, field hands and workers who perform hard labour jobs, who are illegal workers are being driven away. These vacancies create a void that will affect Alabama’s economy; something it cannot afford with cities that need to be rebuilt after Tornado damage.

Key provisions of this law had to be blocked by an appeals court while the U.S. Supreme Court considers various constitutional challenges.

The Mexican government had also appealed this law, arguing it would promote racial profiling, in particular,  targeting Hispanics. Many legal Hispanic workers are even fleeing the state of Alabama because their family and friends don’t have proper documentation and they fear they will be jailed. There is a negative atmosphere and they don’t feel welcome.

The opinion of the Federal Appeals Court was sought.  On Friday, October 14, 2011 the ruling of the 11^th Circuit Court of Appeals issued an Order. Alabama may continue to enforce most of its anti-illegal immigration law, known as H.B. 56.

The Department of Justice (DOJ) had asked the 11^th Circuit to enjoin much of H.B. 56 while it appeals the September 28 district court decision that allowed the law to take effect September 29 as planned. Essentially, by asking the Court to enjoin parts of H.B. 56, the Court is being asked to “block” certain provisions. The DOJ argued that immigration law enforcement rests with the federal government and states could not set p their own systems. The U.S. District Judge at the 11th Circuit Court, Judge Sharon Lovelace Blackburn disagreed and said Alabama’s efforts mirrored the federal government’s efforts or were complementary.

The following provisions of the law stand after the 11th Circuit’s review and injunction order. This means that these sections were upheld/allowed to be put in use:

• Section 12, which requires local law enforcement to make a reasonable attempt to check immigration status during a lawful stop, “when practicable”, when there is reasonable suspicion the individual is an illegal alien.
• Section 18, which requires local law enforcement to make a reasonable effort to verify the immigration status of a person who is arrested for driving without a license.
• Section 27, which bars the enforcement of contracts entered into when one party knows the other is an illegal alien.
• Section 30, which provides that it is a felony for illegal aliens to enter into a “business transaction” with the state or political subdivisions.

However, the 11^th Circuit Court of Appeals also blocked the following two provisions:

• Section 10, which provides that an illegal alien who fails to comply with the federal alien registration requirements found in 8 U.S.C. § 1304(e) and/or 8 U.S.C. § 1306(a) is guilty of a misdemeanor under state law.
• Section 28, which requires public schools to gather immigration status information from students upon enrollment, based on birth certificates, and compile and submit non-identifiable data related thereto to the state.

The Order received from the 11th Circuit does not contain a discussion explaining why it agrees with or blocked any of the provisions.

The next step in litigation over the anti-immigration laws contained in H.B. 56 will likely be a ruling from the District Court on the merits of the Department’s challenge to the law.  Both sides will be submitting briefs in that case by the end of November. The decision could come sometime in December.

The grim reality is that families will be torn apart. Members of the Hispanic community are lining up at lawyers’ offices, asking for  Power of Attorney in order to protect their children. Children born in America are considered to be Americans. That will not stop their parents from becoming targets of investigations. Police, through the provisions of the new laws can effectively separate families from each other.

In the many Hispanic neighbourhoods of Alabama, the residents are avoiding being seen in public and are hiding. If anyone is caught without proper citizenship documentation, that is the end of his or her stay in Alabama. The worst consequence of all is separation from your children and relatives. Many residents are leaving Alabama.

It is estimated that 185,000 people in the state have already fled as of October 5, 2011, which was approximately a week after the law came into effect. Another estimate is that 1/4 of the commercial building workforce has left the state.

Lawmakors and one author of the bill that become the new immigration law said that the law is meant to help legal residents suffering from nearly 10 percent unemployment in Alabama.

“We have the best law in the country and I stand by what we’ve done” – Republican Senator Scott Beason

(Of note, Sen. Beason said he has received ‘thank you’ claims from 2 people who replaced illegal immigrants who fled their jobs).

Hispanic parents are fearful about what would happen to their kids should they be rounded up under the new law. HB56 came into force at the end of September, and under its provisions police officers are required to check the immigration status of anyone they stop where there is a “reasonable suspicion” that the person might be undocumented.

Should the individual fail to produce valid immigration papers, they can be instantly sent to jail at the start of deportation proceedings.

Five states have now passed immigration laws similar to HB56, but Alabama is the only one that has been allowed by the courts to put elements of the law into effect. The federal Department of Justice, as well as a local coalition of groups and individuals, are both challenging the new law in the US appeals court for the 11th circuit that covers Alabama, Georgia and Florida. To read more about how the law will be enforced, click here to read an article by Huffington Post News.

Can-Am Immigration can help you with your immigration needs and questions. Contact us for a consultation today. We also offer Facebook consultations for your convenience.

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