Thread: AL. AG Posts Guidance on the Toughest Immigration Law in the

Update from Alabama: Attorney General Posts Guidance on the Toughest Immigration Law in the Nation

by Wendy Padilla-Maddenon 04. Nov, 2011

[Editor's Note: today's blog is courtesy of Wendy Padilla-Madden from Balch & Bingham LLP.]

Today, Alabama Attorney General Luther Strange announced that he has established a special webpage for providing updates and information on Alabama’s new immigration law, Act No. 2011-535, which is widely considered to be the toughest in the nation. Signed into law on June 9, 2011, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act weighs in at more than 70 pages and is nuanced and complex. To complicate matters, various provisions of the bill will be phased in next year, while many others are already in effect or temporarily enjoined due to litigation.

The attorney general’s website currently features a copy of the law (as enacted) plus a highlighted version which shows which sections are in effect, which have been placed on hold by the courts, and which will be phased in next year. The page also includes a list of frequently asked questions (FAQs) and a summary of both state and federal litigation surrounding the Act. Attorney General Strange said today that state law prohibits him from issuing formal opinions on specific questions about the law due to the litigation. His office will, however, develop guidance that will be posted on the website periodically as it becomes available, in order to assist state and local agencies in their interpretation and enforcement of the controversial new law.

In the meantime, Alabama employers must brace themselves for these new requirements, most of which are likely to survive legal challenges. So how exactly does this law affect employers, and what can be done now to prepare for the inevitable enforcement scrutiny? Let’s take a quick look at the major employer provisions.

Prohibition on Employing Unauthorized Aliens

The Act prohibits any employer doing business in the State of Alabama from hiring or continuing to employ unauthorized aliens in Alabama. An employer that has “complied in good faithâ€

good now every state should be the same way that every state Now come on get on the Ball
fight for your country Our guy & girls are over sea doing the same thing
do your job
No amnesty