Ala.’s Anti-Immigrant Forces Take Another Legal Whipping

A federal judge in Alabama has blocked another provision of that state’s unconstitutional anti-immigrant law. This one would prohibit local and state agencies from transacting business, such as the collection of property taxes, with undocumented immigrants. The Southern Poverty Law Center’s legal director Mary Bauer has dubbed the ruling “a nail in the coffin” of H.B.56.

U.S. District Court Judge Myron Thompson also asserted that the entire law is likely “discriminatorily based.”

From The Montgomery Advertiser:

The judge went on to rule that the statute, which he wrote would have adversely affected the children of the plaintiffs, departed from an established tradition in Ala­bama of assisting children regardless of their parents’ actions.

“Moreover, that HB 56′s treatment of children in mix­ed-status families, who are overwhelmingly Latino, is so markedly different from the state’s historical treatment of children in general suggests strongly that the difference in treatment was driven by animus against Latinos in general and thus that the statute was discriminatorily based,” Thompson wrote.

The judge also quoted sev­eral supporters of the law — including Rep. Micky Ham­mon, R-Decatur, and Rep. Kerry Rich, R-Albertville — as using the terms “illegal immigrant” and “Hispanic” interchangeably.

Thompson also quoted Rep. John Rogers, D-Bir­mingham, saying he saw 30 “illegals” getting out of a car “in Hoover or Homewood.”

Hammon, the sponsor of HB 56, and Rich both voted for the bill; Rogers voted against it, saying he wanted to see “punishment” for those who hired undocu­mented immigrants.

The judge wrote the court could not “conclusively” say “discriminatory bias against Hispanics was behind HB 56,” but said the “evidence of such” was substantial enough to put the law on hold.

SC Appleseed Joins Suit Against S.C.’s Anti-Immigrant Law

Class-Action Lawsuit Filed in the Wake of Crisis in Alabama as a Result of Similar State Immigration Law

October 12, 2011

CHARLESTON, S.C. ― South Carolina Appleseed Legal Justice Center and a coalition of civil rights groups today filed a lawsuit against South Carolina’s anti-immigrant law, charging it is unconstitutional, invites racial profiling and interferes with federal law.

Today’s complaint was filed two weeks after a similar anti-immigrant law went into effect in Alabama, where families have been afraid to leave their homes and individuals have been stopped and questioned about their immigration status.

The lawsuit charges that the law, SB 20, subjects South Carolinians – including U.S. citizens and lawful permanent residents – to unlawful search and seizure and interferes with federal power and authority over immigration matters. The law requires police to demand “papers” demonstrating citizenship or immigration status during traffic stops when they have “reasonable suspicion” that a person lacks immigration status and criminalizes South Carolinians for everyday interactions with undocumented individuals, such as driving someone to church or renting a room to a friend.

South Carolina’s law, which is slated to take effect Jan. 1, was inspired by Arizona’s notorious SB 1070. Federal courts have blocked implementation of key provisions of Arizona’s law, as well as similar laws in Indiana and Georgia. A federal judge in Alabama recently allowed key provisions of its anti-immigrant law to take effect, leading to devastating humanitarian and economic consequences throughout the state. The coalition also has a pending case against Utah’s anti-immigrant law.

The coalition in the South Carolina case includes the ACLU, the ACLU of South Carolina, the Southern Poverty Law Center, the National Immigration Law Center, the Mexican American Legal Defense and Educational Fund (MALDEF), the South Carolina Appleseed Legal Justice Center, LatinoJustice PRLDEF and the law firms of Rosen, Rosen & Hagood and the Lloyd Law Firm.

Andre Segura, staff attorney with the ACLU Immigrants’ Rights Project, said: “This lawsuit is the latest in our ongoing fight against these unconstitutional laws. In recent days, we have seen the destructive results of a similar law in Alabama, and the people of South Carolina should not face the same fate. This draconian law must be blocked, as it tramples our American values, interferes with federal laws and risks turning South Carolina into a police state.” (more…)

Ala. Immigration Law Targets Students

From The Center For American Progress:

By Natalia Mercado Violand |July 22, 2011

Just when it seemed Alabama had left its dark past of segregation behind, its legislature passed one of the nation’s strictest anti-immigration bills, H.B. 56, taking the state back in time 50 years.

During the civil rights struggles, Birmingham, Alabama, was the epicenter of the civil rights movement’s struggles for equality. It was known for having one of the most violent, aggressive, and pro-segregation police forces and one of most hostile education systems in the nation. Today, in a setting that is all too familiar, H.B. 56 reestablishes the educational racial barriers Alabama supposedly put in its past.

Gov. Robert Bentley (R) signed H.B. 56 into law on June 9, 2011, an anti-immigration bill even harsher than Arizona’s infamous S.B. 1070. Like S.B. 1070, the bill allows police to arrest anyone suspected of being an illegal immigrant even if they’re stopped for a minimal traffic violation. The bill makes it a criminal offense in Alabama to rent a house or apartment to undocumented immigrants or to knowingly give an undocumented immigrant a ride. It also makes E-Verify, a faulty and expensive Internet-based verification mechanism, mandatory for employers.

But worst of all is that the law turns educators into immigration officials. Going even beyond Arizona, the law targets students and requires that schools collect information about the legal status of students and their parents. This law will lead inevitably to widespread racial profiling in education as in law enforcement. (more…)

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