Thread: Ala. proposes more extensive checking of immigrants' status

Ala. proposes more extensive checking of immigrants' status

By Alan Gomez, USA TODAY Updated 15m ago

Alabama legislators are proposing changes to their law cracking down on illegal immigration, promising to clean up some of the complications that arose after it went into effect last year and to solve some of the legal troubles that led a federal judge to block portions of the law.

But the proposed revisions, which came from deliberations between Alabama's Republican governor and GOP leaders in the state Legislature, break ground in the quest by some lawmakers in some states to force illegal immigrants to leave their states.

Alabama's HB 56 mirrored Arizona's immigration law by requiring local law enforcement officers to question the immigration status of drivers during routine traffic stops. Those portions of the law have been blocked by federal judges and are being appealed.

The proposed changes in Alabama soften that provision somewhat, requiring officers to check the immigration status of drivers only after issuing a traffic citation. Legislators added a requirement that officers question the immigration status of other people in the car if a "reasonable suspicion" exists that they are in the country illegally. That proposal has not been included in other tough immigration laws, including Arizona's SB 1070.

Karen Tumlin, managing attorney of the National Immigration Law Center, which has joined other civil rights groups and the Justice Department in lawsuits against state immigration laws, said it was the first time she'd seen such a provision proposed by any state. She expected the proposed changes in Alabama to scale back some of the harsher measures, but said the state instead is taking an "aggressive step forward" in finding ways to make life difficult for illegal immigrants.

"There's no desire to get in line with what other courts have said, in terms of the legality of this provision," Tumlin said. "Instead, they very stridently decided to expand that provision. We don't view this as a softening — this is an expansion."

Todd Stacy, a spokesman for Alabama House Speaker Mike Hubbard, a Republican, said the new provision was requested by Alabama sheriffs and police chiefs. Stacy said it makes sense that passengers in a vehicle being driven by an illegal immigrant are likely to be illegal immigrants, too.

"Living in the real world, surely it's not just the driver that could be in violation of the law," Stacy said. "So why should the suspicion only apply to the person driving the car when there could be several others in violation of the law?"

The proposed changes were introduced in a bill in the Alabama Legislature that is scheduled for its first committee hearing Wednesday. The bill also:

• Eliminates the requirement that school officials check the immigration status of students enrolling in schools. Instead, the state Department of Education must produce an annual report estimating the cost of educating illegal immigrants, using information gleaned from "reputable scholars, economists or public research institutions."

• Allows non-profit religious organizations to work with illegal immigrants in some areas.

• Makes it easier for legal residents, U.S. citizens and businesses to conduct transactions with the state.

Alabama Gov. Robert Bentley, a Republican, supports the changes, saying they clarify provisions for police and state officials tasked with implementing the new law.

"The essence of the law will not change: Anyone living and working in Alabama must be here legally," Bentley said. "With these revisions, Alabama's law will be more effective, more fair and more clear as we address the issue of illegal immigration."

Portions of HB 56 were put on hold by a federal judge last year, and Alabama is appealing that ruling. The U.S. Supreme Court is expected to rule on the constitutionality of Arizona's SB 1070 this summer. The outcome of that case could influence the battles over laws in Alabama and four other states that passed Arizona-style immigration laws.

Stacy said the new proposal to check the immigration status of passengers in cars likely will face new lawsuits, but he said that would happen no matter what changes are made.

"Some activist groups will not be happy unless the law is repealed," Stacy said. "Will groups like that sue? Probably. But they would probably sue, anyway."

Ala. proposes more extensive checking of immigrants' status

• Eliminates the requirement that school officials check the immigration status of students enrolling in schools. Instead, the state Department of Education must produce an annual report estimating the cost of educating illegal immigrants, using information gleaned from "reputable scholars, economists or public research institutions."

• Allows non-profit religious organizations to work with illegal immigrants in some areas.

• Makes it easier for legal residents, U.S. citizens and businesses to conduct transactions with the state.

Alabama Gov. Robert Bentley, a Republican, supports the changes, saying they clarify provisions for police and state officials tasked with implementing the new law.

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This essentially guts the bill.

I smell money.