Alabama HB 56
Encyclopedia
Alabama HB 56, entitled the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, is an anti-illegal immigration
bill, signed into law in the U.S. state of Alabama
in June 2011. , it is regarded as the nation's strictest anti-illegal immigration law, tougher than Arizona SB 1070.
The law, written in large part by Kansas Secretary of State
Kris Kobach
, was passed by the Alabama House of Representatives
and Alabama Senate
with widespread legislative support. It was then signed into law on June 9, 2011, by Governor Robert J. Bentley.
The law prohibits illegal immigrants from receiving any public benefits at either the state or local level. It bars illegal immigrants from attending publicly-owned colleges or universities [currently blocked]. At the high, middle, and elementary public school levels, the law requires that school officials ascertain whether students are illegal immigrants. Attendance is not prohibited for such students; school districts are mandated to submit annual tallies on the suspected number of illegal immigrants when making report to state education officials.
The law prohibits the transporting or harboring of illegal immigrants [currently blocked]. It prohibits landlords from renting property to illegal immigrants. It forbids employers from knowingly hiring illegal immigrants for any job within Alabama. Moreover, it considers as a discriminatory practice any action to remove from employ, or decline to employ, a legal resident of the state when an illegal one is already employed [currently blocked]. The law requires large and small businesses to validate the immigration status of employees using the U.S. E-Verify
program. The law prohibits illegal immigrants from applying for work themselves.[currently blocked]
The production of false identification documents is considered a crime. Contracts formed in which one party is an illegal immigrant and the other has direct knowledge of that are deemed null and void. The law also requires voters to provide proof of citizenship when registering.
On August 29, 2011, U.S. judge Sharon Lovelace Blackburn
, sitting for the United States District Court for the Northern District of Alabama
, temporarily blocked enforcement of the law, saying she needed more time to study the case. On September 28, 2011, Judge Blackburn gave the green light to key parts of the law.
After the U.S. Department of Justice and a coalition of groups including the ACLU appealed that ruling, the 11th Circuit Court of Appeals on October 14, 2011, again put several key provisions on hold until the issues of constitutionality could be addressed, including the requirement on schools to collect information on enrolling students' immigration status. Other provisions, such as those making contracts with undocumented aliens null and void, were left to stand.
Industries dependent on migrant labor have been strongly impacted. Farmers have found that Americans are not willing to work under such harsh working conditions for low pay. Some businesses in other industries have lost workers, though those with legal workers have not encountered this problem.
On November 18, 2011, a German Mercedes-Benz
executive was arrested for not having proper documentation on him while on business in Alabama, having left his passport at the hotel where he was staying and carrying only his German identity card
.
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
bill, signed into law in the U.S. state of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
in June 2011. , it is regarded as the nation's strictest anti-illegal immigration law, tougher than Arizona SB 1070.
The law, written in large part by Kansas Secretary of State
Secretary of State of Kansas
The Secretary of State of Kansas is one of the constitutional officers of the U.S. state of Kansas.-History:The first Secretary of State for Kansas was John Winter Robinson, a physician from Manhattan, Kansas...
Kris Kobach
Kris Kobach
Kris W. Kobach is the Secretary of State of Kansas. He is also currently of counsel with the Immigration Law Reform Institute in Washington, D.C....
, was passed by the Alabama House of Representatives
Alabama House of Representatives
The Alabama House of Representatives is the lower house of the Alabama Legislature, the state legislature of the U.S. state of Alabama. The House is composed of 105 members representing an equal amount of districts, with each constituency containing at least 42,380 citizens. There are no term...
and Alabama Senate
Alabama Senate
The Alabama State Senate is the upper house of the Alabama Legislature, the state legislature of the U.S. state of Alabama. The body is composed of 35 members representing an equal amount of districts across the state, with each district containing at least 127,140 citizens...
with widespread legislative support. It was then signed into law on June 9, 2011, by Governor Robert J. Bentley.
Provisions
The Alabama law requires that police in Alabama, in the midst of any legal stop, detention or arrest, if having a "reasonable suspicion" that the person is an immigrant unlawfully present in the United States, make a similarly reasonable attempt to determine that person's legal status. An exemption is provided if such action would hinder an official investigation of some kind.The law prohibits illegal immigrants from receiving any public benefits at either the state or local level. It bars illegal immigrants from attending publicly-owned colleges or universities [currently blocked]. At the high, middle, and elementary public school levels, the law requires that school officials ascertain whether students are illegal immigrants. Attendance is not prohibited for such students; school districts are mandated to submit annual tallies on the suspected number of illegal immigrants when making report to state education officials.
The law prohibits the transporting or harboring of illegal immigrants [currently blocked]. It prohibits landlords from renting property to illegal immigrants. It forbids employers from knowingly hiring illegal immigrants for any job within Alabama. Moreover, it considers as a discriminatory practice any action to remove from employ, or decline to employ, a legal resident of the state when an illegal one is already employed [currently blocked]. The law requires large and small businesses to validate the immigration status of employees using the U.S. E-Verify
E-Verify
E-Verify is an Internet-based, free program run by the United States government that compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States...
program. The law prohibits illegal immigrants from applying for work themselves.[currently blocked]
The production of false identification documents is considered a crime. Contracts formed in which one party is an illegal immigrant and the other has direct knowledge of that are deemed null and void. The law also requires voters to provide proof of citizenship when registering.
Legal challenges of the law
The law was originally scheduled to take effect on September 1, 2011, but legal actions were taken against it by the Obama administration, some religious groups and some immigrant-rights groups, all making claims that the law was unconstitutional.On August 29, 2011, U.S. judge Sharon Lovelace Blackburn
Sharon Lovelace Blackburn
Sharon Lovelace Blackburn is a United States federal judge.Born in Pensacola, Florida, Blackburn received a B.A. from the University of Alabama, Tuscaloosa in 1973 and a J.D. from Samford University, Cumberland School of Law in 1977. She was a law clerk to the Hon. J. O. Sentell of the Alabama...
, sitting for the United States District Court for the Northern District of Alabama
United States District Court for the Northern District of Alabama
The United States District Court for the Northern District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Bibb, Blount, Calhoun, Cherokee, Clay, Cleburne, Colbert, Cullman, De Kalb, Etowah, Fayette, Franklin, Greene, Jackson, Jefferson, Lamar,...
, temporarily blocked enforcement of the law, saying she needed more time to study the case. On September 28, 2011, Judge Blackburn gave the green light to key parts of the law.
After the U.S. Department of Justice and a coalition of groups including the ACLU appealed that ruling, the 11th Circuit Court of Appeals on October 14, 2011, again put several key provisions on hold until the issues of constitutionality could be addressed, including the requirement on schools to collect information on enrolling students' immigration status. Other provisions, such as those making contracts with undocumented aliens null and void, were left to stand.
Impact
Once the federal ruling of September 29, 2011, upholding most of the law went into effect, several Alabama school districts reported a significant drop in the number of Hispanic children attending public schools. State and local officials urged immigrants to keep their children in the schools, saying the law does not bar them from attending.Industries dependent on migrant labor have been strongly impacted. Farmers have found that Americans are not willing to work under such harsh working conditions for low pay. Some businesses in other industries have lost workers, though those with legal workers have not encountered this problem.
On November 18, 2011, a German Mercedes-Benz
Mercedes-Benz
Mercedes-Benz is a German manufacturer of automobiles, buses, coaches, and trucks. Mercedes-Benz is a division of its parent company, Daimler AG...
executive was arrested for not having proper documentation on him while on business in Alabama, having left his passport at the hotel where he was staying and carrying only his German identity card
German identity card
The German Identity Card is issued to German citizens by the local registration offices ....
.
External links
- Text of Alabama HB 56 (pdf)
- Text of Alabama HB 56 (htmlHTMLHyperText Markup Language is the predominant markup language for web pages. HTML elements are the basic building-blocks of webpages....
)