State and Local
Heads Up, Virginia, Anti-Immigrant Agenda Could Be 2012 Legislative Focal Point
BY CLAIRE GUTHRIE GASTAÑAGA The Virginia General Assembly that convenes in January 2012 will be much changed from the one that it replaces. Effective control of Virginia’s government—a Governor, House of Delegates and Senate— is now in the hands of legislators who have consistently sought to lead Virginia in the direction of states like Arizona and Alabama that boast of how inhospitable they are to undocumented immigrants. For example, one of the Governor's first acts after his election in 2009 was to seek 287g authority for the State Police (a request that is still pending). And this fall's legislative elections resulted in an increase in members of both the House and the Senate who ran on overtly anti-immigrant platforms. Delegate Jackson Miller (R-Manassas), one of the most anti-immigrant legislators, has just been elected as majority whip. Read More
Policing the Enforcers: Criminalizing Alabama Employees Encourages Discrimination
Alabama lawmakers want undocumented immigrants to be so afraid of the consequences of the state’s new anti-immigrant law (HB 56) that they leave the state. However, that’s not the only fear factor built into the law. Under section 6(f), state and local government employees must report violations of HB 56—which includes unlawfully present immigrants even attempting to complete a business transaction with the government—or face criminal penalties. In order to avoid criminal prosecution, government employees are likely to be suspicious of foreign-looking or sounding people. But the new law does not include details or require specialized training for state employees, making discrimination, mistakes and civil rights violations all the more likely. Read More
Arizona’s SB1070 Champion, State Senator Russell Pearce, Loses in Recall Election
Arizona state senator Russell Pearce, the leading force behind Arizona’s SB 1070 and other anti-immigrant legislation, was defeated in a recall election Tuesday. Fellow Republican Jerry Lewis—a moderate on immigration issues—won with 54% of the vote. Citing Pearce’s narrow anti-immigrant agenda and the damage SB 1070 inflicted on the state, a group called Citizens for a Better Arizona began the recall effort back in January. Today, many in Arizona and across the U.S. celebrate Pearce’s defeat as a victory for practical solutions over extremist rhetoric and anti-immigrant proposals. Pearce is believed to be the first Arizona state legislator to face a recall election. Read More
Provisions in Alabama’s Immigration Law Go Further Than You Think
It’s no stretch to call Alabama’s new immigration law (HB 56) extreme—especially the provision (since enjoined) which required schools to check the immigration status of students and made it a criminal misdemeanor for an unauthorized immigrant to fail to carry immigration documentation. Two provisions that may have flown under the radar, however, are the contract and business transaction which infringe on individuals’ ability to navigate everyday life (such as access to water) and leave them vulnerable to exploitation and abuse. Sadly, this is exactly what the law’s author had in mind. A new report, Turning Off the Water: How the Contracting and Transaction Provisions in Alabama's Immigration Law Make Life Harder For Everyone, analyzes just how far these provisions go. Read More
Congressional Members to Join Civil Rights Groups in Fight Against Alabama’s “Juan Crow” Law
In the days following passage of Alabama’s extreme immigration law (HB 56), many business, religious and civil rights leaders spoke out about the law’s damaging impact on immigrant communities, farms, businesses, and schools. Since then, many notable community and civil rights leaders have stepped forward to add their voice to those demanding a repeal of the law. The Alabama NAACP, for example, recently joined immigrant rights groups to call for an end to what one African American minister described as “Alabama’s worst times since the days of segregation and Jim Crow.” This week, Illinois Congressman Luis Gutierrez met with members of several congressional caucuses—Hispanic, Black, Asian Pacific American and Progressive—to address what he calls Alabama’s “civil rights emergency.” Read More
DOJ’s Lawsuit Against South Carolina Latest Legal Challenge to State Immigration Laws
BY KAREN TUMLIN, MANAGING ATTORNEY, NATIONAL IMMIGRATION LAW CENTER Yesterday, the U.S. Department of Justice (DOJ) filed suit against South Carolina, challenging the state’s extreme anti-immigration law (SB 20). With this action, the Department of Justice charges that South Carolina, like Arizona and Alabama, have passed unconstitutional immigration laws. Civil rights groups (including the National Immigration Law Center) agree. Coalitions have filed suit in five states—Utah, Indiana, Georgia, Alabama, and South Carolina—that passed their own Arizona-inspired laws in 2011. Fortunately, most of these states have seen their new, misguided laws lose much of their bite through civil rights coalition-led legal challenges. Here’s a round-up of the status of these legal cases. Read More
Alabama Law Enforcement, Courts Implementing New Law in Different Ways Across State
As if things weren’t chaotic enough in Alabama, reports now find that law enforcement and courts vary widely on how they apply the state's new immigration law, creating different rules and consequences for individuals depending on a judge or officer’s understanding of the law. As the controversial law (HB 56) itself continues to change as it makes its way through the court system, many law enforcement officers are unclear about which provisions still stand and have yet to receive the training necessary to implement the law. Judges, too, are on different pages on how to interpret the law, meaning that an individual might receive a different ruling from one judge to the next depending on the judge's understanding of the law. Read More
Restrictionist Lawyer Reveals Long-Term Assault on Immigrant Children
Today, the head of the legal arm of one of the most notorious restrictionist groups in the nation boldly admitted his work on Alabama’s new anti-immigrant law aims to end public education for the children of immigrants. Michael Hethmon of the Immigration Reform Law Institute (IRLI), an offshoot of the Federation for American Immigration Reform (FAIR), made no bones about being the author of the education provision in HB 56—which on its face requires public schools to determine the immigration status of enrolling students and their parents, but in reality chips away at children’s ability to get an education. Read More
How Will DHS Continue to Partner on Existing State Enforcement Programs Given Legal Challenge to Alabama’s Law?
Today, several newspapers reported on DHS Secretary Janet Napolitano’s statement that the federal government is not going to help Alabama implement its new immigration law, leaving many to wonder how the federal government will continue running existing state and local immigration enforcement programs like Secure Communities. On one hand, the federal government has sued Alabama claiming that its immigration law (HB 56) is unconstitutional. On the other, the federal government regularly partners with state and local police agencies to identify unauthorized immigrants for potential deportation. Secretary Napolitano now faces the difficult decision of what DHS will do with unauthorized immigrants in Alabama who may have been picked up under the new law. Read More
Why Arizona Governor Jan Brewer is Bluffing on State Immigration Laws
Arizona Governor Jan Brewer has built a political career out of playing fast and loose with the facts about immigrants—from stories of “headless bodies” in the desert to mischaracterizing all unauthorized immigrants as “drug mules.” And she’s not finished yet. Following a recent GOP Presidential debate, Gov. Brewer overplayed her hand by assuring the Huffington Post that unauthorized immigrants fleeing Alabama are “probably going back to Mexico” and that Alabama farmers will “probably find the U.S. workers” they need to replace them. If you think Governor Brewer is “probably” bluffing, you’re “probably” right. Read More
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