Alabama Immigration LawHB 56

Background on HB 56

• HB 56 was signed into law by Alabama Governor Robert J. Bentley on June 9, 2011.

• The formal name is the Hammon – Beason Alabama Taxpayer and Citizen Protection Act.

• The primary author of the law is Kris Kobach, the Secretary of State of Kansas.

Undocumented immigrants in Alabama

• In Alabama, undocumented immigrants make up 2.5% of the population.

“Self Deportation”

• Kobach’s immigration policy is based on the idea of “self deportation.”

• “We are constantly told that the only two options are massive roundups or an amnesty. But attrition through enforcement is the third way. Change the individuals decisions of particular illegal aliens and they will decide to leave the country.” - Kobach

HB 56

1) Similar to the Arizona immigration law, this law allows state and local police officers to ask about the immigration status of anyone based on a “reasonable suspicion.”

What do you think “reasonable suspicion” means?

HB 56

2) The law also bars undocumented immigrants from enrolling in any public college after high school.

3) It makes all public schools determine the immigration status of all students.

4) It requires parents of foreign-born students to report the immigration status of their children.

HB 56

5) HB 56 also made it a crime to knowingly rent housing to an undocumented immigrant.

6) HB 56 made it a crime for an immigrant to fail to carry a document proving legal status

7) HB 56 also made it a crime for anyone to transport an illegal immigrant.

Quotes about the law

“Number one for enforcement”

• “Alabama is now the number one state for immigration enforcement.”-Kris Kobach

“This law invites discrimination”

• Cecilla Wang of the ACLU (American Civil Liberties Union) said, “This law invites discrimination into every aspect of the lives of people in Alabama.”

“Jobs Creation Bill”

• “This is a jobs creation bill for Americans,” says representative Mickey Hammon, the chief sponsor of the bill.

From The Southern Poverty Law Center (splcenter.org)

• “A Latina born and raised in the U.S. discovers she’s suddenly regarded with suspicion – even enduring taunts of, ‘Go back to Mexico.’

• “A man brandishes a gun to day laborers, then refuses to pay for their work.”

Unintended Consequences

• Issues with battered women, medical conditions, schools, etc…

• Job shortages • On 11/18/2011, a German Mercedes Benz

executive was arrested for not having proper identification.

• On 12/18/2011, a Japanese Honda executive was ticketed despite having an international driver’s permit.

Court Decisions

• The U.S. court of appeals struck down parts of the law this August.

- The court blocked the provision that said it is unlawful to transport an undocumented immigrant.

- The court also blocked the part that required schools to collect information about student’s immigration statuses.

However…

• The court did uphold the provision that allows police officers to check immigration papers of people they stop.

• But like the Supreme Court with the Arizona law, it left open the possibility for future challenges on civil rights or due-process grounds. This is a “wait-and-see” approach.