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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, October 31, 2011

Once Again, Alabama Has Become a National Embarrassment

San Jose Mercury News (Opinion): In my forthcoming book that chronicles key events of 1963, I argue -- as have other historians -- that Public Safety Commissioner Eugene "Bull" Connor was the Civil Rights Movement's best ally in changing the laws in Birmingham. He also changed how the nation viewed civil rights as an issue.

It was Connor who ordered the police dogs and high-powered fire hoses on nonviolent protesters that was covered on the front pages of newspapers across the country and the evening news. Connor's tactics were an embarrassment for the nation.

It seems the state of Alabama has decided to rekindle the legacy of Connor to the extent that it is once again a national embarrassment.

In June, the Republican-controlled state legislature passed HB56, which is considered by many to be the toughest immigration law in the country. Among its provisions, it requires law enforcement officials to check a person's immigration status during routine traffic stops or arrests if they suspect the person is in the country illegally.

The impact of HB56 has caused Mexicans, in the country legally and illegally, to understandably engage in a mass exodus from the Yellowhammer State.

But the draconian illegal immigration policy, like all legislation, came with unintended consequences. In this particular case, the Alabama legislature has successfully enacted an emotion-based policy that ultimately hurt its own economy.

The state's $5.5 billion agriculture industry is in serious jeopardy and it does not appear there are enough legal residents to fill the void -- a key canard used to justify the tough law.

Lawmakers in Alabama failed to consider that those who are unemployed need full-time work, rather than a seasonal bandage.

Alabama's obvious objective is to rid the state of illegal immigrants. But what it is achieving in the process is the purging a substantial portion of the state's productive population, which will lead to unavoidable economic loss.

What began as a problem with agriculture will soon spread into other sectors of the economy. Farmers are unable to plan ahead, which impacts orders for seed and large equipment contracts. Where will it end?

Imagine the impact on the nation if California followed Alabama. Given that California is the nation's top agricultural state. The state's agriculture industry generates approximately $36.2 billion a year.

While I don't see anything of this magnitude emanating from the Legislature, it is plausible for something similar to Alabama's legislation to come by way of the initiative process.

All it would require is the enough moneyed interest to place it on the ballot. With emotion, fear and 30-second sound bites leading the way, legislation of this scale in California could bring the nation to its knees.

The common retort from right-wing led state legislatures is their frustration with the federal government's failure to control illegal immigration. They, instead, offer shortsighted legislation that hurts their own economic interests.

Using fear and hatred, Alabama has enacted legislation that does not make them better. Nor does it solve the intended problem because it potentially cripples the state's economy in the process.

What may be worse is the state's unwillingness to address the obvious. The initial response to the agriculture industry has been, in effect, to "grin and bear it."

At a recent gathering of 200 farmers, tomato grower Theresa Smith told Republican state Rep. Elwyn Thomas, "We're going to go out of business, and it's not just going to hurt us, but everyone in this state is going to feel it economically."

But Thomas told those assembled there would be no revisions in the law. The sheer arrogance of being undeterred by potentially putting farmers out of business is mind-boggling. I thought Republicans were the party of pro business and pro growth.

Our elected officials at the state and federal level are unable to craft judicious legislation in part because they are unable to conduct a judicious conversation on illegal immigration.

Alabama demonstrates what can happen when reactionary-based policies are used to address problems -- you make them worse. Whatever problems may have resulted from illegal immigration, taking the jobs of those who are in the country legally and playing by the rules has been proven not to be among them.

Unable to address a perceived problem in a thoughtful manner, Alabama has reached back for fear and xenophobia to once again guide them.

It didn't work so well for Bull Connor 48 years ago, we'll see how well it works today.

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