One year has passed since the signing into law of Georgia's racial profiling law, House Bill 87. Although parts of HB 87 were temporarily enjoined as a result of the lawsuit brought by the ACLU and other organizations, the law's harmful effects are already being felt across Georgia.
Immigrants and people of color feel increasingly targeted by racial profiling and abusive policing practices, as they conveyed to the ACLU Foundation of Georgia through a series of forums around the state in the summer and fall of 2011.
Like the Arizona "show me your papers" legislation that inspired it, HB 87 effectively compels all people in the state of Georgia, citizens and noncitizens alike, to carry identification documents on them at all times -- anyone who is believed by a police officer to have committed even a minor infraction is at risk of being asked to provide proof of their citizenship or immigration status. These are tactics associated with a police state, not a free country.
The law also promotes racial profiling by giving police officers discretion in both determining what information is "sufficient" to prove a person's identity and in choosing whom to subject to an investigation of immigration status among those whose identity cannot be verified. This will inevitably lead to the profiling of anyone who looks or sounds "foreign."
Through inviting the racial profiling of Latinos and other people of color, the law violates the 14th Amendment's guarantees of equal protection and due process.
As a result of the passage of this racial profiling legislation, Georgia has suffered reputational harm. At least two organizations, the U.S. Human Rights Network and the American Educational Research Association, have moved their conventions elsewhere.
Georgia's largest industry is also suffering. Farmers who relied on the immigrant workforce are in trouble, whether or not they ever hired undocumented workers. The Georgia Fruit and Vegetable Growers Association estimates that as a result of HB 87, Georgia's economy may lose $391 million and 3,260 jobs. One such job in the agricultural community may support as many as three "upstream" jobs. Other estimates have put the economic loss for Georgia farmers at between $300 million and $1 billion. Thousands of acres of onions, cotton, melons, and other crops have not been harvested due to an acute labor shortage that is a direct result of HB 87. Additionally, a switch from crops harvested by hand to crops harvested by machine will cost a farm up to $1.2 million due to the difference in the value of such crops. Every person in Georgia who farms, transports or sells farm produce, runs a business that depends on the patronage of farmers or buys groceries will feel the impact of this law. As an editorial in the Valdosta Daily Times noted:
Maybe this should have been prepared for, with farmers' input. Maybe the state should have discussed the ramifications with those directly affected. Maybe the immigration issue is not as easy as 'send them home,' but is a far more complex one in that maybe Georgia needs them, relies on them, and cannot successfully support the state's No. 1 economic engine without them.
The hard-earned tax money of Georgia's residents has also been spent on efforts to defend this wasteful and harmful anti-immigrant legislation. According to records obtained by the ACLU Foundation of Georgia, between June 2011 and December 2011 the amount of time spent by nine employees with the office of the state Attorney General in connection with the HB 87 litigation was over 868 hours.
In light of the disastrous impact of this racial profiling legislation on Georgia's reputation and economy, the Georgia legislature must repeal HB 87.
The above article was originally published in JURIST (jurist.org), a publication of the University of Pittsburgh School of Law. Original source is available at http://jurist.org/hotline/2012/05/azadeh-shahshahani-georgia-hb87.php. The article was prepared for publication by Leah Sell, an associate editor for JURIST's professional commentary service. [Opinions expressed in JURIST's Hotline are the sole responsibility of their authors and do not necessarily reflect the views of JURIST's editors, staff, or the University of Pittsburgh.]
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United States Federal Code of Regulations, Title 8, Chapter 12, Section 1304:
(d) Certificate of Alien Registration or Alien Receipt Card
Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General.
(e) Personal Possession of Registration or Receipt Card; Penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.”
The laws governing non-Citizens are different from the laws governing Citizens. And that is constitutional. Why is it that this author thinks that it is okay for the Feds to expect someone to carry an ID but does hates the idea of a State expecting compliance with Federal Law?
These tactic are used when ILLEGALS run arund without fear, when they drive WITHOUT licences or insurance. These are the tactics that is NEEDED. Good job Georgia.
This is America. We are the greatest democracy the world has ever known. Americans have more freedom and liberty than any other country on Earth. Americans have the best standard of living of any country on Earth. We don't arrest people for political crimes. Everyone charged with a crime is given due process as guaranteed by our Constitution. We don't copy and emulate laws from Central American countries because we are better than that. Wake up...!!
http://www.politifact.com/georgia/statements/2012/may/11/charlie-flemming/immigration-bill-cost-georgia-farmers-close-400-mi/
After SB1070, there were massively false claims made about AZ farmers losing money as well, and completely bogus claims about 'crops rotting in the fields' here too. It didn't happen.
A group that loves having exploitable illegal labor claimed that 40% of the lettuce crop went unpicked because of AZ 1070.
http://www.azcentral.com/news/election/azelections/azfactcheck/fact-story.php?id=255
Here's the quote from the fact check:
"Although statistics on the amount of lettuce harvested were not available, a U.S. Department of Agriculture report shows that the amount of lettuce shipped out of Arizona this year was equal to the amount shipped in 2010. That suggests there was no reduction in the amount harvested, said Chris Kroger, news editor of the Packer, an agriculture-industry publication."
United States v. Salinas-Calderon, - “ a state trooper has general investigatory authority to inquire into possible immigration violations.”
United States v. Santana-Garcia, “that state law enforcement officers have the general authority to investigate and make arrests for violations of federal immigration laws,’ & “federal law ‘evinces a clear invitation from Congress for state and local agencies to participate in the process of enforcing federal immigration laws.’”
United States v. Rodriguez-Arreola, A state trooper did not violate the defendant’s rights by questioning him about his immigration status after pulling him over for speeding.
United States v. Favela-Favela, Did not violate the defendant’s rights by asking questions about his immigration status, after pulling the defendant over for a traffic violation.
Muehler v. Mena, “Even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual"
United States v. Hernandez-Dominguez, "A state trooper, who has executed a lawful stop, has general investigatory authority to inquire into possible immigration violations."
Rojas v. City of New Brunswick, A city and its police department had authority to investigate and arrest people for possible violations of federal immigration laws.
These progressive moonbeam dreamers believe it is OK for you and I and millions like us who work and pay heavy taxes to pay to support these illegal invaders into America. It is OK with them that people with shady pasts can roam around American cities and towns committing crimes. The people of America owe a great debt to the people of Georgia for having the courage to do something to help stop the invasion of our country.
Brought to you by the people that want to argue that NAFTA is killing Mexico and driving illegal; immigration.
Import the product - not the people.
From 'The Myth of Illegal Immigration and Food Prices' By Fulano deTal | Posted August 18, 2011, 10:40 p.m., San Diego Reader:
"There is no food that the US imports that we need to survive. It is just a matter of preference, not survival. You want strawberries in September? You import them from South American, but no American is starving from a lack of strawberries."
"An average household currently spends about $370 per year on fruits and vegetables. If curtailing illegal alien agricultural labor caused tighter labor conditions and a 40 percent increase in wages, the increased cost to the American family would be $9 a year, or about 2.5 cents per day. Yet for the farm laborer, the change would mean an increase in earnings from $17,600 to $24,640 per 2000-hour work year. That increase would move the worker from beneath the federal poverty line to above it. In fact, the salary would be higher than the median salary paid by Walmart."
"HB 87 effectively compels all people in the state of Georgia, citizens and noncitizens alike, to carry identification documents on them at all times -- anyone who is believed by a police officer to have committed even a minor infraction is at risk of being asked to provide proof of their citizenship or immigration status"
#1 ~ How can it be racial profiling if ALL GEORGIANs are required to carry I.D.s?
#2 ~ Police Officers 287(g) trained & certified by DHS/ICE are authorized by U.S. Federal Law, WITHOUT Warrant, can inquire ANYONE's immigration status at ANYTIME, again ~ WITHOUT a Warrant
http://codes.lp.findlaw.com/uscode/8/12/II/IX/1357
Immigrant workers "create almost as many" jobs as they occupy, "and maybe more," said Madeleine Sumption, policy analyst at the nonpartisan Migration Policy Institute, which is funded by a range of foundations, corporations and international organizations. "They often create the jobs they work in." In addition, "they buy things, and they make the economy bigger,
Farming, fishing, forestry occupations = 17.68% Unemployment
Construction, extraction occupations = 14.4% Unemployment
Transportation, material moving occupations = 10.0% Unemployment
Production occupations = 9.4% Unemployment
Service occupations = 8.8% Unemployment
Total Adjusted US Unemployed Citizens and Legal Residents = 12,500,000
This figure and the above rates exclude 6,366,000 Persons who want a job but are left out of the above statistics for various reasons.
Total Number of Americans Looking for Work = 18,866,000
That means real unemployment rates for the occupations above are actually 51% larger when you include excluded people.
Pew Center estimates indicate 7.3 million “undocumented, non quasi-legal” Immigrants work in the USA illegally. A Pew study "estimated that illegal immigrants fill a quarter of all agricultural jobs, 17 percent of office and house cleaning positions, 14 percent of construction jobs and 12 percent in food preparation." That means the vast majority of these jobs are done by American Workers. And these professions are where unemployment is worst for Americans.
Meanwhile Management, professional, and related occupations where few Illegal Immigrants work has a 4.0% Unemployment rate.
There is no question the ILLEGAL Immigrants cause American Worker unemployment.
In her analysis Ms. Sumption deftly inserts "Immigrants" in place of "Illegal Immigrants" into the discussion of "do Illegal Immigrants take jobs from American Workers". This classic bait and switch is a gross misuse of statistics. Also, Ms. Sumption made her comments outside of the MPI. If a person works for the MPI and tries to capitalize on that association to push an agenda outside of that organization that does not mean that the MPI supports those conclusions.
In discussing the effects of Illegal Immigration, George J. Borjas, Professor of Immigration Economics, Harvard University said “In dragging down wages, immigration currently shifts about $160 billion per year from workers to employers and users of immigrants' services.” The rich get richer and the poor get poorer. The gap between Rich and Poor in the USA is widening. Meanwhile Ms. Sumption plays bait and switch with Immigrant and Illegal Immigrant statistics.