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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, April 09, 2012

Alabama May Alter New Policy on Migrants

New York Times: Nearly a year after enacting an immigration law that supporters describe as the toughest in the country, Alabama is considering major revisions to its immigration policies.

On Thursday, a sponsor of the law, State Representative Micky Hammon, proposed eliminating or altering several of its most controversial sections. The law, which enhances police authority to deal with illegal immigrants, is popular with most Alabamians but faced a backlash from civil liberties advocates and business leaders.

The laws supporters said the changes would make it clearer, easier to enforce and less susceptible to legal challenges.

The essence of the law will not change, said Gov. Robert Bentley, a Republican. Anyone living and working in Alabama must be here legally.

The new bill would remove a requirement that public schools check the residency of new students and that illegal immigrants be barred from public colleges. Both provisions had already been put on hold by federal courts.

It would also eliminate a provision that makes renting property to an illegal immigrant the same as harboring one. And it would require the police to ask about immigration status only after an arrest or traffic citation, not at any legal stop.

But the penalty for companies caught hiring illegal immigrants would be increased: Their business licenses would be suspended for 60 days instead of 10 days.

Alabama's law has faced legal challenges. In September, a federal judge upheld most provisions but blocked others. On April 25, the United States Supreme Court will hear arguments about a similar immigration law in Arizona, and the court is expected to rule by June on its constitutionality. That ruling could affect immigration laws in Alabama, Georgia, Utah and other states.

Mr. Hammon's proposal to change Alabama's law upset fervent supporters.

Why not just wait for the Supreme Court ruling to settle a lot of these issues conclusively? asked Ira Mehlman, media director for the Federation for American Immigration Reform.

Immigrant advocacy groups said the changes did not go far enough. They expressed concern about a new provision that allows police officers who issue traffic citations to check the immigration status not only of the vehicles driver but also its passengers.

Still, immigrant advocates like Tamar Jacoby, president of ImmigrationWorks USA, said states were becoming more cautious. Last week, lawmakers in Mississippi decided not to pass an immigration bill similar to Alabama's.

So in the Southeast this week, we have one state not passing a law and another revisiting its law, Ms. Jacoby said. Even in Alabama, they are having second thoughts.

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