About Me

My photo
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

Translate

Friday, September 30, 2011

Tough New Immigration Law Launched in Alabama

AFP reported that: The U.S. state of Alabama on Thursday launched the nation's toughest crackdown on illegal immigration, making it a crime to be undocumented and allowing schools to check the immigrant status of students.

Opponents say the measures — even harsher than the deeply controversial laws established last year in Arizona — are largely unconstitutional and amount to racial profiling, while supporters insist the state is merely implementing policy that Washington has been too weak to enforce itself.

The bulk of the law known as HB 56 was upheld Wednesday by District Judge Sharon Blackburn, after President Barack Obama's administration filed suit to stop it.

And while she blocked some of the most contentious parts of the legislation, such as forbidding undocumented migrants from looking for work and barring them from enrolling in public colleges, Blackburn let stand previsions that federal authorities had vigorously opposed.

The new law will let police detain suspected illegal immigrants without bail; make it a misdemeanor for people to be in the country illegally; and order primary and secondary schools to verify children's immigration status.

"This law is much worse than Arizona," Andre Segura, a lawyer for the American Civil Liberties Union (ACLU), told AFP, adding that the legislation "threatens public safety and undermines American values."

"It's a wrong ruling that leaves many doors open to interpretation by police officers," Segura said, adding that the ACLU on Thursday filed a motion to stay as a first step in appealing the ruling.

Application of the law begins in part on Thursday, with police being given the order to act under the new guidelines, according to the state attorney general's office.

"Today is a victory for Alabama," Governor Robert Bentley said in a statement.

"During my campaign, I promised a tough law against illegal immigration, and we now have one," he said.

"If the federal government had done its job by enforcing its own immigration laws, there would be no need for Alabama — or other states — to pass a law such as this. Unfortunately, they have failed to do their job."

Critics are especially worried that enforcement of migration status checks will keep children from going to school because their parents are undocumented.

"This is an ugly law and an outrageous ruling," said Frank Sharry, executive director of America's Voice Education Fund.

"State laws like Alabama's won't fix anything; they just make a bad system worse and pit groups against each other."

A spokeswoman for the U.S. Justice Department said it was "reviewing the decision to determine next steps."

We will continue to evaluate state immigration-related laws and will not hesitate to bring suit if, in fact, a state creates its own immigration policy or enforces state laws in a manner that interferes with federal immigration law," the spokeswoman told AFP in an email.

Tough immigration laws in two other states, Utah and Georgia, were suspended earlier this year by court order after immigrant advocacy groups filed suit. The cases could return to court.

Ali Noorani, head of the National Immigration Forum, blasted Alabama for "making history in all the wrong ways," saying the ruling will "burden local police departments with responsibilities that belong to the federal government and it will prove to be extremely costly to enforce."

"In the United States of America, no one should have to be afraid to walk down the street because of the color of their skin. This law tramples on the civil rights of all Alabamans," he said.

While Noorani pointed the finger at "Republican extremists" in Alabama's legislature, he also laid blame squarely on the U.S. Congress.

"Their inaction on immigration reform has let the states run amok with proposals that attack our American values of fairness and equal treatment," he said.

Obama has called for comprehensive immigration reform that would include strengthening borders but also granting a path to citizenship for the estimated 11 million undocumented immigrants in the country.

His Republican rivals have adamantly rejected what they say would amount to "amnesty" for illegal immigrants, and have said the administration has not done enough to secure the U.S.-Mexico border.

No comments: