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Approaching the 10th anniversary of 9/11, Alabama set to pass the “nation’s cruelest immigration law”

It’s been in the works for over three months, but the debate surrounding Alabama’s threatening new anti-immigration law just got louder and more serious. Just when we thought Arizona’s SB 1070 law was the worst hit to the nation’s crumbling immigration policy, Alabama has managed to deliver perhaps an even bigger shock. Enacted back in June by the Alabama House and Senate, H.B. 56 had also been signed by Governor Robert Bentley. Now, with the stamp of approval from the entire Alabama state government, the law was set to take effect on September 1. However, a federal judge has stepped in to temporarily block it. U.S. District Judge Sharon Blackburn has blocked the implementation of the law until September 29 while she deliberates on the constitutional consequences of such a law.

The law’s extremely harsh stipulations state the following:

  • It would be a state crime to be an undocumented immigrant in Alabama.
  • Law enforcement would be given the powers to detain those they have “reasonable suspicion” of being in the country illegally.
  • Businesses would be subject to non-criminal sanctions for knowingly hiring undocumented immigrants.
  • It would also be a crime to harbor or transport undocumented immigrants, including giving them rides to workplaces.
  • All contracts made with undocumented immigrants will be made null and void.
  • Renting property to undocumented immigrants will be forbidden.

The law’s details are inhumane to say the least, essentially restricting those with undocumented status from living freely at all. Judge Blackburn’s block was the result of various groups and organizations suing the state of Alabama over the passage of this law. The Southern Poverty Law Center (SPLC), together with other advocacy groups such as the American Civil Liberties Union (ACLU) Immigrants’ Rights Project, filed a suit against the Alabama state government on July 8. The law is facing opposition on several other fronts as well. The Department of Justice, with the support of the Obama administration, has also filed a lawsuit against the state claiming states cannot interfere to this extent in federal policy. A New York Times editorial scathingly labeled HB 56 as the “nation’s cruelest immigration law.” The editorial discusses the reaction to the law from the religious community in Alabama.

In a surprising first for reactions to stringent anti-immigration laws, four church leaders from across Alabama have joined forces to sue the state (see full lawsuit here) for passing a law that criminalizes the church’s duty to be show compassion to everyone. The church leaders – an Episcopal bishop, a Methodist bishop and a Roman Catholic archbishop and bishop – call the law inhumane and that it would terrorize undocumented immigrants and make criminalize those who show kindness to them. Archbishop Thomas Rodi of Mobile added that “the law attacks our core understanding of what it means to be a church.”

The news of this law getting close to enforcement has also triggered a flurry of debate among the public, especially in online forums as comments on the various news articles reporting the story. One such comment on the editorial published in The New York Times, is by a reader named ‘MT’:

…we are ALL immigrants or have descended from them. by these xenophobic definitions, unless you are a native american descended from those who had their land stolen from columbus, then maybe you are not a “real American.” immigrants, legal or illegal, don’t take people’s jobs away. plus, i doubt that “real americans” would want to work the wages in the conditions that undocumented workers face daily. i doubt that “real americans” are prepared to pay more for the food that undocumented workers pick for them. has anyone ever stopped to think that one reason so many “unskilled” americans find themselves without the jobs is a symptom of our failing educational system and a product of our anti-intellectual culture?

Another reader, going by the name of “toomuchcoffeeguy” commented further on an article in the Montgomery Advertiser:

This idea that these people are somehow taking jobs relies on a false premise, which is that there is a finite number of jobs in Alabama, but the labor market doesn’t actually work that way. Cheap labor can only strengthen an economy, by making job creation more accessible to small businesses, thus expanding both jobs and our GDP. A good example would be Texas & California, who have the highest illegal immigrant populations and also have the highest GDP’s….

As we approach the 10th anniversary of the 9/11 attacks, it is even clearer that the ill-fated day tested our nation’s ability to respond to the situation in a meaningful way. Unfortunately, the immigration reform that was on the horizon before 9/11 was quickly dismissed for harsh, punitive measures to clamp down on undocumented immigration. The physical damage of the 9/11 attacks may have been repaired, but the massive effect the day had on security policy, law enforcement and our national attitudes towards tolerance and freedom has left our country at a tricky crossroads. America’s biggest issues are now no longer international. We face serious situations at home, where short-sighted and rushed “solutions” to the issue of undocumented immigration is in fact sawing away at our future, an attitude that further hurts the economy, standard of living and most of all, socio-cultural fabric of this country.

We urge the federal government and Judge Blackburn to recognize the tremendously damaging consequences of Alabama’s HB 56 and stop the law completely. Such laws make the need for comprehensive immigration reform even more dire than ever before. Immigrants form the backbone of this country and criminalizing them as a blanket policy will hurt the country in ways that perhaps these officials and politicians fail to foresee. Join Restore Fairness today to lend your voice to the call for comprehensive immigration reform.

Photo courtesy of hispanicallyspeakingnews.com

NY and Massachusetts suspend SComm; Alabama passes harsh anti-immigrant bill

In a bold move, New York Governor Andrew Cuomo on June 1 announced that the state will suspend its participation in the “Secure Communities” Program (SComm) until further review. His decisive announcement was a result of the culmination of hard work on the part of New York legislators, advocates and religious leaders to urge the state’s withdrawal from the program

The program, launched in Texas in 2008 with the goal of nationwide deployment of SComm being complete by 2013, has become increasingly controversial. Initially pitched as a voluntary program that would focus on apprehending those who were guilty of serious “crimes,” the program has faced a slew of criticism from local law enforcement, state officials and advocates for its lack of transparency and oversight, its detrimental impact on the safety of communities as a result of the breakdown of trust of local law enforcement, and its failure to fulfill its original goal of targeting those guilty of serious offenses. This costly program threatens to reduce trust between local law enforcement and communities, encourage racial profiling and separate families. For all the above reasons the Department of Homeland Security announced an investigation of the program at the end of last month.

Explaining his decision to pull New York out of SComm, Gov. Cuomo said-

“There are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York…As a result, New York is suspending its participation in the program.”

The move has been welcomed by local officials, law enforcement and advocates, including some members of Congress. Expressing his support for Governor Cuomo’s decision, Congressman Jose E. Serrano said-

Governor Cuomo has taken a brave and necessary step in suspending New York State’s participation in the flawed ‘Secure Communities’ program, and he deserves great praise. He is firmly in line with our state’s pro-immigrant tradition and on behalf of the immigrants and their friends in our community, I would like to thank him. Having New York State pull back from this unfair and aggressive program should be a wake-up call to the Department of Homeland Security. It is time to end this program and I am glad my home state will no longer take part.

New York joins a small but significant group of states that have pulled out of the SComm program recently. Last month, Illinois was the first state to do so, and faced much resistance from the Department of Homeland Security (DHS) for the decision. A few days after New York’s exit from the program, Massachusetts Governor Deval Patrick also announced that his state would not sign on to the Secure Communities initiative. Gov. Patrick, in a statement justifying his decision to pull Massachusetts out of SComm, said-

We run a serious risk of ethnic profiling and frankly fracturing incredibly important relationships in communities that are important for law enforcement…I don’t think that the Obama administration is satisfied that the implementation of this program has been very effective.

In the absence of federal movement on immigration reform, the states are taking matters into their own hands. In the case of Secure Communities, this has resulted in three states with significant immigrant populations withdrawing their support of a program that they think is ineffective and unjust, sending a clear message to the Obama administration and ICE to review the program and take action to ensure accountability and security, as well as justice and due process for all. Inspired by the actions of Illinois, New York and Massachusetts, there are growing calls in other states, such as California, to pull out of Secure Communities as well.

In spite of these positive steps, the need for federal action on immigration reform is evident in cases such as that of Alabama, where a sweeping anti-immigrant bill that, much like Arizona’s infamous SB1070, mandates local law enforcement to stop people based on the “reasonable suspicion” that they are undocumented, enabling the profiling of people based on their appearance. Alabama’s H.B. 56 was passed in the Alabama House and Senate last week and now awaits the signature of Governor Bentley. This bill goes beyond the Arizona law- it mandates that public schools check the status of all students; bars undocumented students from enrolling in public college; makes it a crime to knowingly rent housing to those who don’t have documents etc. If enacted, this bill may well lead to unconstitutional racial profiling and a breakdown of trust between police and the communities they protect. We can only hope that like in the case of Arizona’s SB1070, the values of our Constitution will be upheld, but we wish that such laws could be averted by concrete federal action to repair the broken immigration system.

It is at this time that advocates of fair immigration and the numerous families that have been unfairly affected by SComm and other ICE enforcement  initiatives look to the Obama administration to take swift action. There are steps that his administration can take, without necessary involvement from Congress, to push towards immigration reform:

  • The SComm program should be terminated since it has proven to be highly ineffective. Designed to focus on dangerous criminals, the program has instead been responsible for unjustly deporting a large number of people with no convictions.
  • End partnerships between local police and ICE, and return immigration law firmly to federal control. Local police are usually not trained in the sensitivity of immigration law, which often leads to people being arrested based on racial profiling or for minor offenses and eventually being deported.
  • While President Obama has already reiterated his stance against the harsh anti-immigrant laws being enacted in several states such as Arizona, Georgia and Indiana, his administration can be much more publicly critical of these laws. This would hopefully put pressure on the state legislatures to reconsider before taking such drastic steps.
  • The President can exercise his power to grant relief from deportation to the young people who can qualify for the DREAM Act, calling for “deferred action.”
  • Many undocumented immigrants already qualify for green cards but are hesitant to leave the country (and their immediate relatives who are American citizens) due to the risk of not being allowed back into the country. To ease this, the Obama administration can order the citizenship agency to allow these applicants to stay in the country, and with their families, while they are processed.
  • Finally, the President can also push for immediate reforms to improve the conditions of those in immigration detention, ensuring the safety and dignity of those being processed through the system.

In his May 10 speech on Immigration and Border Security in El Paso, Texas, President Obama showed an awareness for the “broken immigration system” in America-

Today, the immigration system not only tolerates those who break the rules, it punishes the folks who follow the rules.  While applicants wait for approval, for example, they’re often forbidden from visiting the United States.  Even husbands and wives may have to spend years apart.  Parents can’t see their children.  I don’t believe the United States of America should be in the business of separating families.  That’s not right.  That’s not who we are.

We only hope that such sentiments are translated – quickly and effectively – into major policy and legislative shifts that would in fact stop the racial profiling that is masked as immigration law enforcement in its current state. When we deny fairness to some, we put all of our rights at risk. Join us in our commitment to telling stories, inviting conversation, and inspiring action that will help our nation move even further in the right direction. To take action against Secure Communities, contact your state Governor to help your state withdraw from the program.

Photo courtesy of wnyc.org