When I first heard about the ruling from a federal judge in the Alabama immigration law case, I thought that most of the more egregious aspects of the law were enjoined. Only upon further inspection did I realize that the judge declined to issue a preliminary injunction for some of the most controversial parts.
U.S. District Judge Sharon Blackburn ruled on Wednesday that Alabama can enforce the law’s requirements for schools to verify students’ immigration status and for police to determine citizenship and status of those they stop, detain or arrest. Police are allowed to arrest anyone they suspect of being an illegal immigrant during a routine traffic stop, under the law.
In a 115-page opinion, Blackburn wrote that “the United States has not met the requirements for a preliminary injunction” for several of the measures the Justice Department had argued violated the Constitution and usurped the federal government’s authority to set immigration policy.
But Blackburn granted the Obama administration’s request to block certain portions of the law until she makes a final ruling. Those sections include provisions making it a crime to transport or harbor an illegal immigrant, or for an illegal immigrant to look for or perform work. Blackburn also blocked parts of the law that would allow discrimination lawsuits against companies that hire illegal immigrants when they discharge or fail to hire a U.S. citizen and forbid employers from claiming as business tax deductions wages paid to illegal immigrants.
She enjoined enforcement of the part that could get a church in trouble for feeding an undocumented immigrant. But she allowed the signature piece of the law that got Arizona in such high-profile trouble with SB1070, the “papers please” ability for a cop to stop anyone they suspect of being undocumented and check immigration status. This seems like a really wrong ruling, empowering state officials to perform a federal immigration function.
I wonder how much Secure Communities, which forces local law enforcement to pass up fingerprint information to the federal authorities so Homeland Security can check immigration status, will come into play in any appeals process. The argument against a law like Alabama’s is that it turns local law enforcement into a federal immigration official. But if they’re essentially doing that through Secure Communities, it’s harder to argue that Alabama shouldn’t be allowed to skip a step.
Either way, the implications of this are terrifying. I wouldn’t want to drive as a Hispanic in Alabama, because seemingly just forgetting my ID could land me in Mexico. I wouldn’t want do much of anything in Alabama as a Hispanic, because clearly the authorities will have a heightened sensitivity toward me. And this is playing out. Produce is rotting in the fields in Alabama because farmers cannot find the migrant labor to pick the crops.
Regardless of how a federal judge rules this week, Alabama’s new immigration law has already delivered “unintended consequences” across the state, said Agriculture Commissioner John McMillan.
The picking of blueberries, tomatoes and squash largely requires hand labor, McMillan said Monday, and the work is no longer getting done.
McMillan said he recently visited a farmer who has 75 acres of squash in north Jackson County.
“It was just rotting in the fields because he had half the labor,” McMillan told The Huntsville Times editorial board. “That’s a fact. What I’m telling you is what I’ve seen [...]
“I wouldn’t plant 75 acres of squash next year,” said McMillan.
Bring your tired, your poor, your huddled masses…
UPDATE: Mary Bauer of the Southern Poverty Law Center said in a statement, “Today is a dark day for Alabama. This decision not only places Alabama on the wrong side of history but also demonstrates that the rights and freedoms so fundamental to our nation and its history can be manipulated by hate and political agendas – at least for a time.”
The coalition of civil rights groups against this, including the SPLC, MALDEF and the ACLU, will appeal. There are also provisions Judge Blackburn kept open that forces public schools to check the immigration status of their students and their parents, and forward that to the authorities.




34 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
Yes, bring your tired, your poor, your huddled masses, but be sure to use the front door instead of sneaking over the back fence, because this is a nation of laws.
Situations like this wouldn’t arise in any state if the federal government took its mandate to protect our national borders seriously.
Absolutely appalling. It’s worth noting that in addition to the horrendous impact this will have on all Hispanics, including many US citizens!, this is one more piece to the ever increasing integration of all levels of law enforcement into the “homeland security” project. And in typical fashion, business interests are concerned about their supply of easily exploitable cheap labor.
If they’re going to do this, they should have to require proof of citizenship at EVERY traffic stop. Lots of European students overstay their visas.
In fact, before EVERY interaction with the government proof of citizenship should be required. Before you lobby a congresscritter, you should have to prove you’re a citizen and that everybody you’re lobbying for is also a citizen. Before your political contribution can be accepted. Every signatory on every petition, especially to the FCC.
Boxturtle (Really, the solution is to require all grocery stores to validate immigration status before selling food)
John- it is egregious, but you are wrong with this statement about SB1070
SB1070 requires being stopped for another violation and it specifically prohibits race based checking…
Among the other aspects of this decision is the question exactly what counts as valid ID? What if the police reject your driver’s licence and lock you up on suspicion? This is a get into jail free card.
I live in Alabama. Sorry, everyone, there are still a lot of bigots here who are afraid of other human beings.
Blue dot in a red state.
Protect our borders from what? People wanting to pick vegetables?
Camel’s nose under the tent. See if anyone protests. If not, we’ll all be required to carry identity papers to be produced on demand. Diff color stars sewed onto garments is the step after that.
I predict a booming business in counterfeit birth certificates. I know that my offical copy would be very easy to counterfeit. And I doubt that the public records clerk will be very happy if they get called to check.
Even if I was a natural born citizen, I’d get the heck out of Alabama if I had brown skin.
Boxturtle (Which is what the rednecks want, anyway)
You mean crosses, right? Black cross is catholic. Green cross is morman. Red white and blue for southern baptist.
Boxturtle (Since we wouldn’t want to moslem’s to have to wear a cross, we’ll issue them bullseyes)
Yeah–but we SUPPORTING the corporate prison system!!!
eCahn-
remember REAL ID Act from 2005?
R congress, R president… state based revolt against national ID card (basically)…
never been implemented without repeal… and never will be…
(ps- this is the likely fate of PPACA (aka Health Insurance Company Bailout Act of 2010- sponsor D-Obama)… if we are lucky)
Yes, of course. Silly me for not figuring that out. Do I, as an atheist, also get a bullseye?
This smacks of Germany in the late 30s. So long Constitution and Bill of Rights. It was fun while it lasted.
People who want to enter illegally, whether to pick veggies or blow up an army base; emphasis on the word “illegally”.
If you want to know the why behind the what, this should help
http://www.nytimes.com/2011/09/29/world/asia/getting-tough-on-immigrants-to-turn-a-profit.html?_r=1&partner=rss&emc=rss&src=igw
One more industrial-complex.
It seems like only people born in U.S. want to blow up army bases.
Non-citizens seem to come here to take flying lessons. And they come here “legally.”
I think for you, the symbol would be a pair of red horns over a pitchfork.
I’m wiccan. I think my symbol would be a stake with kindling around it.
Boxturtle (If you’re agnostic, it’ll be a dunce cap over a question mark)
My mom didn’t take Pascal’s wager. My fondest memory of her.
If legals want to take flying lessons and then dive airliners into skyscrapers, I’m thinking that making it more difficult for those who don’t want to enter illegally but have similar intentions would make sense. But that’s just me.
So now everyone should be subjected to a Vulcan mind meld at every traffic stop?
A mind meld, no, but as I said earlier if the national borders were more secure you would see fewer state schemes such as this appear. Start there and work through everything else in turn instead of saying “Oh well the barn doors are open, might as well remove them completely.”
If NAFTA had not impoverished many rural Mexican there would be less pressure for them to migrate here…
There will be a booming business in prisoners picking crops, Alabama had better dust off those old chains.
To make the prisoners productive there will have to be some very punitive motivation tools, dust off the Bullwhips too…
Maybe some water boarding for recalcitrant offenders, when they have too many scars from the whips.
For the women..the scold.
If we are going to become a feudal society, we’ll need the feudal punishment systems — and the death penalty applied selectively to nearly all crimes as the cost of incarceration will high, selectively applied to those prisoners who cannot make a profit for the prison business.
Well I’m certainly not going to risk a trip to Alabama. I look like I could be from any number of foreign countries. And I’m not about to travel domestically with either my birth certificate or passport. Not in the age of identity theft, anyway.
That’s quite a torture porn you’ve got playing in your head.
As a Brown Person, I sure as hell won’t be visiting Alabama anytime soon.
And given my history here in Arizona with regard to SB 1070, it took the Jewish Mayor of Phoenix, Arizona, to “challenge” the Obama administration to step into this political fracas that has been SB 1070. And Kudos to him. Unfortunately, the Mayor is now the outgoing Mayor given term limits.
However, it’s important to “listen” to see if the political forces in Alabama adopt the “companion piece” and of course, I am talking or writing about HB 2281, and which prohibits any public school, K thru 12 to teach a foreign language (Spanish, Navajo and etcetera) on the premise that a foreign language is equivalent to practicing “sedition” or for “attempting to overthrow the Constitution.).
Fortunately, here in Arizona, in 16 years, and given our current birthrate, Brown People will become the “majority-minority” and so, when I speak of the GOP’s “Bashing the Latinos” Program, all hell is going to break loose, and Big Business, will be leaving Arizona for greener pastures. Therefore, the Chamber of Commerce folks know they’re between a rock and hard place, and as it should be since they did “nothing” other than to keep their mouth shut, and that’s been the “default” position of the business community.
And what I will find even more interesting, the overwhelming majority of white Democrats have been advocating for even harsher conditions being established that will negatively impact my Brothers and Sisters, the Brown People. To wit, a “paramilitary” force “managed” by the Governor’s Office.
Regardless, I continue to remain a staunch Democrat and a Progressive, and thusly, “pay back” will be a bitch, a minimum. And of course, this political payback will start in Paradise Valley, and which is home to the richest folks in America and as measured by any yardstick or measurement tool that can be conceived.
And finally, don’t be fooled into believing that I am angry. I am not! But I am disappointed and dismayed with the white Democrats for practicing the Confused Conservative behavior that is identified with being Criminally Stupid.
Jaango
This will cause illegals to flee the state of Alabama, where they may have lived for years.
I thought the same thing. And quite developed apparently.
“Alabama can enforce the law’s requirements for schools to verify students’ immigration status and for police to determine citizenship and status of those they stop, detain or arrest. Police are allowed to arrest anyone they suspect of being an illegal immigrant during a routine traffic stop, under the law.”
So as a result of some people’s unfounded anxiety about the social and economic costs of undocumented immigration, they have responded by charging themselves more in government services to deal with their imagined problem. Throwing collective funds at boogeymen should improve everyone’s economic situation–it’s worked so well for us since 9/11. It’s kind of like the irrational fear of germs that cause us to use all these new anti-bacterial hand lotions whose use actually breeds stonger germs.
Some quick and accessible summations of conclusions informed by research regarding undocumented immigration:
http://www.ilw.com/articles/2005,1207-massey.shtm#bio
http://www.hhh.umn.edu/people/kfennelly/pdf/ten_myths_immigration.pdf
http://www.nationalimmigrationlawyers.com/immigration-news/430/
Sure, that is the “intent” of what SB1070 “requires”. Nothing’s to stop the MCSO Gestapo here from finding a ding in someone’s windshield they wouldn’t pull me (as a white-skinned non-hispanic) over for. And then it’s “Driving while brown”. Racial profiling does and will go on; if you live here, azhealer, you know that is true.
Jake
Phoenix
That seems to be the standard operating procedure when it comes to oppressing freedom. Start the oppression against those with the least amount of power in the equation and with the least amount of public sympathy, and then move upward from there.
OT: I had a few thoughts on your Zinn diary that I posted on last night’s thread, if you haven’t seen them.
Or the US in 1942.
Also check out the for-profit detention facility in Raymondsville, TX built for OTMs (Other Than Mexicans) that used public money to finance its construction. See the article, “Jailhouse Nation,” in the 24 Aug 2006 issue of “Rolling Stone” or go see it with one’s own eyes, if possible. Rising above the rows of concertina wire is a water tower with a big, yellow smiley face painted on it.
Box Turtle — Issuing Muslims bulls eyes is the highest caliber weapons-grade snark I’ve seen lately.