Editorial: Wheels Coming Off Ala.’s Anti-Immigrant Law

From The Anniston Star:

By The Anniston Star Editorial Board

Dec 09, 2011

This week began with Gov. Robert Bentley expressing concern that Alabama’s draconian illegal-immigration law could hurt recruitment of foreign industries. This was quite an admission from the man who supported the bill from the time it was in the Legislature until he signed it into law.

Now he has reached out to foreign corporate executives to let them know they are welcome in Alabama.

“We are not anti-foreign companies,” the governor told the Associated Press. “We are very pro-foreign companies.”

So it follows that if Alabama is not against foreign companies and the foreign executives who run them, it must be against foreign workers, many of whom are Hispanic.

They are the law’s target group. That dirty secret is out.

Meanwhile, in Mobile, Alabama Commissioner of Agriculture John McMillan has met with farmers. Their future depends on what one in attendance called “a sustainable work force,” something the suggested immigrant replacements — prisoners, ex-convicts and the unemployed — will not provide.

However, the clearest indication this week that the law is coming apart is a memo from Attorney General Luther Strange to House Speaker Mike Hubbard and Senate President Pro Tem Del Marsh. Asked his opinion of the law, Strange wrote that if he is going to defend the state in court, the law will need more than the “tweaking” Hubbard had suggested.

In the opinion of the attorney general, most of the sections of the law that have been put on hold by a federal court should be repealed.

• Churches should be exempt from prosecution for helping illegal immigrants.

• Schools should not be required to gather immigration data.

• The part of the law that allows individuals to sue public officials who do not enforce the law should be dropped.

In all, Strange’s proposals cover nearly one-third of the law’s 32 sections.

If these things were done, Strange feels he can defend the rest in court.

It’s predictable that Sen. Scott Beason, R-Gardendale, the bill’s co-sponsor and one of its staunchest defenders, expressed concern that Strange’s proposals would weaken the law. Hubbard spokesman Todd Stacy has echoed Beason’s sentiment. “Make no mistake,” Stacy said, “the Legislature is not going to repeal this law and have Alabama become a sanctuary state for illegal immigrants.”

Of course, Alabama was not a sanctuary state before the law, which returns us to the question of why it was passed in the first place.

In their rush to address an emotional issue with an emotional response, Alabama legislators wrote a bad bill that is hurting the state on many levels. The best way to repair the damage is to repeal the bill and return to the issue rationally — either in a special session or when the Legislature meets next year.

Unfortunately, a rational return to an emotional issue is not the way the Alabama Legislature approaches legislation. Given that bit of reality, the changes that Strange has proposed seem the logical course of action.

Alabama Effort To Replace Hispanic Farm Labor Failing

From The Associated Press:

By Jay Reeves

BIRMINGHAM, Ala.  — Jerry Spencer had an idea after Alabama’s tough new law against illegal immigration scared Hispanic workers out of the tomato fields northeast of Birmingham: Recruit unemployed U.S. citizens to do the work, give them free transportation and pay them to pick the fruit and clean the fields.

After two weeks, Spencer said Monday, the experiment is a failure. Jobless resident Americans lack the physical stamina and the mental toughness to see the job through, he said, and there’s not much of a chance a new state program to fill the jobs will fare better.

Gov. Robert Bentley has called such claims “almost insulting” to Alabamians. The new program has signed up about 200 people who want to work, but so far only one employer has sought one worker, the administration said.

“There are people willing to do the jobs,” said Tara Hutchison, a spokeswoman for the Alabama Department of Industrial Relations.
But Spencer said that of more than 50 people he recruited for the work, only a few worked more than two or three days, and just one stuck with the job for the last two weeks.

“It’s pretty discouraging,” said Spencer, chief executive of the Birmingham-based Grow Alabama, which sells and promotes produce grown in the state.

Tomato farmer Helen Jenkins agrees that there is a problem filling a labor void she said was created by the new law, parts of which have been blocked by federal courts.

“It’s just not working,” said Jenkins, who grows tomatoes on Chandler Mountain, near Gadsden. “You can’t get the (American) workers out here to do the work that the Hispanics were doing. They’re just not capable.” (more…)

Ala. Immigration Law Could Push Feds In New Direction

From The Huntsville Times:

Alabama Gov. Robert Bentley sAlabama Gov. Robert Bentley is flanked by Sen. Scott Beason, R-Gardendale, left, and Micky Hammon, R-Decatur, right, as he speaks before signing Alabama’s law cracking down on illegal immigration in June. (AP Photo, Mickey Welsh)

By Brian Lawson, The Huntsville Times

Published: Monday, October 10, 2011, 7:18 AM

HUNTSVILLE, Alabama — Through the years, Alabama has been pushed by the federal government, through the courts, to make changes to its laws.

But in the debate over the state’s immigration law, it may be Alabama that pulls federal law in a new direction.

The federal courts are still looking at immigration laws in Arizona, Georgia, Indiana and Utah. And South Carolina’s immigration law is set to go into effect Jan. 1.

The patchwork approach that the Justice Department has argued against in court filings seems to be gaining speed.

And the decision by U.S. District Court Judge Sharon Lovelace Blackburn last month to leave in place key provisions of Alabama’s law, where similar measures had been blocked by other federal courts, certainly raises the stakes.

In court filings last week, the Justice Department said there is no room under federal law for a state to enact a separate immigration law enforcement system. Judge Blackburn rejected that argument in late September.

The 11th Circuit Court of Appeals in Atlanta will take up requests this week to block Alabama law. (more…)

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