Changes coming to immigration law , no repeal

montgomeryadvertiser.com
Written by Brian Lyman
12:59 AM, Feb. 10, 2012

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State Rep. Juandalynn Givan, D-Birmingham, left, talks with Sen. Scott Beason, R-Gardendale, center, during a conversation with Rep. John Rogers, D-Birmingham, right, and Rep. Mary Moore, D-Birmingham, top right, during a Thursday session at the State House in Montgomery.

Sponsors of last year's immigration law said Thursday that they are at least two weeks away from submitting changes to it.

However, Rep. Micky Hammon, R-Decatur, and Sen. Scott Beason, R-Gardendale, said no section of the law will be repealed, even those that have been enjoined by federal courts.

The two men said in separate interviews that work on revisions was ongoing and is being done by legislators and interested groups. Both said the changes would include allowing a particular form of military identification to serve as a valid ID under the provisions of the bill.

But a controversial provision requiring schools to collect the immigration status of students upon enrollment will remain, along with other sections blocked by federal courts, Hammon said.

"We're not going to repeal any sections at all, or parts of any sections," he said.

House Speaker Mike Hubbard, R-Auburn, said some sections of the law that have drawn federal attention could be altered, but echoed Hammon on repeal.

"Some of them that have been enjoined we believe will be fine," he said. "Some we think will need to be changed."

HB 56, signed into law last June, requires undocumented immigrants to carry documentation with them at all times, makes it a crime to harbor or shield undocumented immigrants; forbids undocumented immigrants from enrolling in public colleges or technical schools; forbids government agencies from doing business with undocumented immigrants, and allows police to detain those they have "reasonable suspicion" of being in the country illegally. The law also provides noncriminal penalties for businesses that employ undocumented immigrants and will require firms to enroll in E-Verify, starting April 1.

The U.S. Justice Department has sued to block the law, saying it interferes with federal immigration enforcement and is pre-empted by federal law. A coalition of individuals and civil rights groups, represented by the American Civil Liberties Union, the Southern Poverty Law Center and the National Immigration Law Center, also have sued the state over the law, saying it encourages racial profiling.

Federal courts have blocked several provisions of HB 56, including the school, documentation and postsecondary requirements. Others, including the "reasonable suspicion" provision, remain in effect. The 11th Circuit Court of Appeals is scheduled to hear arguments over the lawsuits the week of Feb. 27.

Hubbard, along with Gov. Robert Bentley and Senate President Pro Tem Del Marsh, R-Anniston, released a joint statement in December saying they planned to make changes to HB 56. GOP leadership indicated in the weeks leading up to the 2012 regular session that they wanted to take the bill up early in the session.

Beason has said he would support only changes that clarified enforcement, and that the legislation was still under review.

"As far as I can tell early on, it is making sure that the sections are clear," he said. "Which you would do to any sweeping piece of legislation after a year of seeing how it works."

The House GOP caucus has signed off on an initial package of changes, Hammon said.

"We have addressed several different issues with the House caucus to make sure everyone is on the same page," Hammon said. "We have not developed the language, and we will have to go back once we have the details."

At Hubbard and Marsh's request, Attorney General Luther Strange drafted a recommended list of changes to the bill last year, including repealing the school provision. Hammon said the attorney general's recommendations would not be central to the final bill.

"You may see a little bit from several different sources, but I don't think you'll see a lot of the attorney general," Hammon said.

Several legislators have filed bills that would change the legislation.

Sen. Bill Beasley, D-Clayton, and Rep. Patricia Todd, D-Birmingham, have introduced legislation that would abolish the law. Sen. Gerald Dial, R-Lineville, and Rep. Joe Hubbard, D-Montgomery, have introduced legislation that would incorporate all or part of Strange's recommendations. Other legislators have introduced legislation that would address military ID or the E-Verify provisions.

However, Hammon said he and Beason would sponsor the official revisions.

"The bill that will pass is the one we will all agree on," he said.

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