It’s been looming for months like a dark, ominous cloud over Alabama. After almost five months since it was first enacted and then pondered over by U.S. District Judge Sharon Blackburn, Alabama’s shocking HB 56 law went into effect on September 28, officially making the state the most regressive and cruel in its attitude towards immigrants. If the supporters of the law aimed to create the nation’s most hostile environment for immigrants, they have succeeded. The news of the passage of HB 56 triggered widespread panic across immigrant communities in Alabama, prompting numerous families to pull their children out of the local schools and many others to move out of the state altogether.
Among its several stipulations, HB 56 requires police to investigate the immigration status of those pulled over for routine traffic stops. This measure ostensibly lends itself to racial profiling since it mandates that police make judgments on who to stop for “reasonable suspicion” based on their appearance. Moreover, the law will also make it a felony for an undocumented migrant to do business with the state and make it a misdemeanor for an undocumented resident to be without immigration documents if stopped and checked. In addition to permitting police to ask for documents from anyone they suspect of being undocumented, the law also invalidates contracts with undocumented immigrants, which could keep them from finding housing.
Perhaps the biggest blow from the law is to the right to public education for all children. Under HB 56, elementary and secondary schools are now required to check the immigration status of incoming students. This unconstitutional crackdown in the education sector goes against a 1982 Supreme Court ruling that all children living in the United States have the right to a public education, regardless of their immigration status. In the case, Plyler vs. Doe in Texas, the justices had struck down a state statute that denied funding for education to undocumented students and charged such students $1000 annual fee to compensate for the lost state funding. The judgement was formed on the rationale that an uneducated immigrant community was not beneficial for the country.
That reasoning, it seems, was lost on the Alabama state government that just passed HB 56. The law’s damage to the state economy is already evident. The Associated Press reported in the days following the ruling, only handfuls of farm workers showed up for work. According to an article in the The New York Times on the sudden exodus of immigrants from the state-
Critics of the law, particularly farmers, contractors and home builders, say the measure has already been devastating, leaving rotting crops in fields and critical shortages of labor. They say that even fully documented Hispanic workers are leaving, an assessment that seems to be borne out in interviews here. The legal status of family members is often mixed — children are often American-born citizens — but the decision whether to stay rests on the weakest link.
Within just a week of the law going into effect, schools across the state of Alabama have witnessed a dramatic drop in attendance by Hispanic students, with many of them even withdrawing completely. In Montgomery County alone, over 200 Hispanic students stayed home the morning after HB 56 went into effect. Other counties and school districts also reported numerous students either absent or withdrawn over the week, prompting the superintendent in Huntsville to go on a Spanish-language TV channel in an attempt to calm the widespread worry. While authorities claim that they only want schools to report numbers and not names, communities are not convinced, fearing a likely situation where children will be targeted for their status.
This Associated Press video outlines some of the devastating elements that make HB 56 harsher than some of the anti-immigrant laws previously enacted in Arizona and Georgia-
The reactions from within the community have been those of shock, fear and hurt. Victor Palafox, a resident of Birmingham who was brought to the U.S from Mexico when he was six, commented, ”Younger students are watching their lives taken from their hands.” The devastating effect this law will have on the education of immigrant children is already very visible. Legal residents such as Cuban-born Annabelle Frank expressed her fear of sending her six-year-old son to school: ”I’m actually considering home-schooling. Because I don’t want him involved in all this that’s going on. I know, because he is Hispanic, in some way he’s going to be singled out, you know? I’m really afraid of that.”
HB 56 unapologetically sanctions racial profiling and in doing so, has countless repercussions on various aspects of life in Alabama. While the negative impact on education and the state economy is already becoming clear, the law will instill a climate of fear and mistrust between communities and local police and law enforcement. A New York Times editorial questions the “counterproductive cruelty” of HB 56, asking “Do Alabamans want children too frightened to go to school? Or pregnant women too frightened to seek care? Whom could that possibly benefit?”
The passage of this law could result in the isolation and ghettoization an entire section of the population. HB 56 doesn’t present any sort of solution to the issue of undocumented immigration. It only throws the entire state into jeopardy in the long run, with the immigrant communities and children bearing the absolute worst of the damage.
Laws such as Alabama’s HB 56 and Arizona’s SB 1070 are unconstitutional and against the grain of basic American values of dignity, and respect for everyone. Education is a human right. Living without fear of racial profiling is a human right. When we deny human rights to some, we put all of our rights at risk. If you think Alabama’s HB 56 is unjust, please sign this petition to the Department of Justice asking them to block the law from going into effect. To rally for Alabama’s future, click here.
Photo courtesy of colorlines.com