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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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Friday, May 18, 2012

Alabama Governor Urges Changes to Latest Immigration Law

New York Times (by Campbell Robertson): MONTGOMERY, Ala. - Gov. Robert Bentley of Alabama called a special legislative session on Thursday and urged lawmakers to consider changes to the state's far-reaching immigration enforcement law, less than a day after legislators voted to keep most of that law intact.

The passage of the bill on Wednesday, as protesters sang outside the legislative chambers and in several cases were dragged away in handcuffs, was a victory for the most determined supporters of the original law.

An earlier version of the bill had dropped some of the more controversial provisions of the law, considered the strictest and most sweeping in the country.

But the bill that passed preserved most of the original law and also added new sections, including one requiring the state to publish information, including the person's name, about every case in which an illegal immigrant appeared in court for any violation of state law.

Mr. Bentley, a Republican, did not sign it, however, and instead called the special session. But judging from the bills filed on Thursday, the first day of the session, agreement may still be hard-fought.

The law remains generally popular in the state but has drawn criticism from civil rights groups, church leaders, local law enforcement officials, state business groups and some Alabama residents who complain of the new rules governing routine transactions.

The Justice Department has sued Alabama, arguing that the law is unconstitutional, and enforcement of some sections has been temporarily suspended by federal courts. Most of the law is now before the United States Court of Appeals for the 11th Circuit, which is holding off its ruling until the fate of Arizona's immigration enforcement law is decided by the Supreme Court. The justices are expected to issue a ruling by the end of June.

Since the Alabama law went into effect last summer, lawmakers have acknowledged what they call "unintended consequences" and for months have been discussing the scope and nature of changes to the law.

"We have had meetings with law enforcement, with government agencies, with businesses, with private citizens," said State Representative Micky Hammon, a sponsor of the original law. "And we have had time to see where we could make it more efficient - less burdensome on our citizens and stronger on lawbreakers."

Mr. Hammon's proposal, which passed the House in April, addressed some of these complaints and altered some of the provisions that have been challenged as unconstitutional. It also included a measure, backed by business interests, that gave judges some discretion in levying the law's harsh penalties against businesses found to have employed illegal labor.

But the other sponsor of the original law, State Senator Scott Beason, introduced his own proposal, which preserved most original sections, including any that are currently barred by federal court. It would still allow law enforcement officials to check immigration status during traffic stops, require schools to check the immigration status of students at enrollment and bar illegal immigrants from renting property.

Neither proposal was welcomed by civil rights groups, but Mr. Beason's version was preferred by Tea Party groups and other conservative organizations in the state. To the frustration of some high-ranking Republican lawmakers, what passed on Wednesday amid a flurry of last-minute legislation at the end of the session was very close to Mr. Beason's version.

Governor Bentley specifically asked that legislators reconsider one section in the new bill and another in the original one: the new provision that compels the state to list the names of illegal immigrants who appear in court; and the section of the original law, currently barred by a federal court, that requires schools to ascertain immigration status.

On Thursday, both Mr. Hammon and Mr. Beason filed bills that not only kept the court provision, but added a requirement that the immigrants' photos also be published.

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