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Jon Blazer

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New Anti-Immigrant Law Sinks Alabama Into Deeper Morass

Posted: 05/24/2012 4:39 pm

How long does it take to flip flop and buckle under pressure from Tea Partiers? About a day, if you're Alabama Gov. Robert Bentley.

On Friday, he signed a bill making flawed revisions to HB 56, the nation's most extreme anti-immigrant state law. Just a day earlier, Bentley had declined to sign the new measure, which was rammed through the Legislature on the last day of its 2012 regular session.

Instead, he summoned lawmakers to reconsider the bill in a special session in order to "prevent children from being interrogated" by school officials about their immigration status and the status of their parents. He also cautioned against the "public relations problem" that would ensue from a startling new requirement that the state Department of Homeland Security post online the names of every undocumented immigrant who appears in a state court.

The response from extremists in the legislature came swiftly. Last year Rep. Micky Hammon boasted that HB 56 "attacks every aspect of an illegal alien's life ...so that they will deport themselves." Sen. Scott Beason had urged fellow legislators to "empty the clip" on undocumented immigrants.

So, it should come as no surprise that it was Hammon and Beason who led the charge on the first day of the special session to re-introduce a bill identical to the one Bentley had criticized, with one noxious twist: the state Department of Homeland Security would also be required to a post online a photograph to accompany the name of each undocumented immigrant.

Bentley bent. The original bill was signed.

Much of the law, which promotes racial profiling, is tied up in litigation brought by the ACLU and other civil rights groups. The law has engendered a humanitarian crisis, harming citizens and immigrants alike. It has tarnished the state's reputation and has shrunk the state's economy by billions of dollars.

Bentley was hardly alone in highlighting the interrogation of school kids as troublesome. The provision directly targeting children of immigrants has done more than anything else in HB 56 to make Alabama a pariah, generating scorn across the U.S. and internationally to millions who remember the state's shameful civil rights legacy.

Alabama Attorney General Luther Strange recommended its repeal, calling its defense in litigation a drain on resources whose costs greatly outweighed its benefits. Let's call it what it really is: beyond the pale.

The other provision Bentley had momentarily objected to involved the posting of the names of undocumented immigrants who appear in state courts, along with the names of the judges who hear their cases and the decisions rendered. This "scarlet letter" applies regardless of whether there has been a conviction. It is a naked attempt to bully judges into imposing harsher sentences and refusing to release immigrants from detention and will expose immigrants to harassment and vigilantism.

What Beason blithely referenced as one more "tweak" to HB 56 is actually a reckless doubling down on his "empty the clip" approach that will mire Alabama in more controversy and litigation.

If there is a bright side, it is that this episode will further spur a growing movement to repeal HB 56 in its entirety, a movement with much stronger resolve than Bentley.

 
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How long does it take to flip flop and buckle under pressure from Tea Partiers? About a day, if you're Alabama Gov. Robert Bentley. On Friday, he signed a bill making flawed revisions to HB 56, the n...
How long does it take to flip flop and buckle under pressure from Tea Partiers? About a day, if you're Alabama Gov. Robert Bentley. On Friday, he signed a bill making flawed revisions to HB 56, the n...
 
 
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10:39 AM on 06/03/2012
POPULAR SOVEREIGNTY:

Constitutional principle that says people have the final authority in government.

This applies to AMERICAN citizens.
10:38 AM on 06/03/2012
Americans should know the legal status of every child in our public schools... This is OUR money, OUR country and OUR future - and OUR right.
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rockum
My micro-bio isn't empty.
10:02 AM on 05/26/2012
I always assumed "American" in American Civil Liberties Union pertained specifically to the United States of America, rather than "American" in the broader sense pertaining to North or South America. I thought that was why they spent so much time focusing on the US Constitution. If they are equally concerned with the protecting the rights of Americans who are not citizens of the United States, I would like to see them focus more on defending the rights of Mexicans in Mexico under the Constitution of Mexico. Actually, I would like to see them focusing more on my rights as a US Citizen in Mexico. I don't like Article 32 of their Constitution which states:

"Mexicans shall have priority over foreigners under equality of circumstances for all classes of concessions and for all employment, positions, or commissions of the Government in which the status of citizenship is not indispensable."

Sometimes I wonder if the ACLU thinks that is also a part of the US Constitution...
04:06 PM on 05/25/2012
Doesn't matter on iota if Obama was or was not born in Hawaii. Either way, his father is still Barack Obama Sr and Obama Jr is not a natural born citizen as that term is understood by the Constitution.
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MarySkl
“Intellectual growth should commence at birth an
11:29 PM on 05/25/2012
Every single case by the Supreme Court that entertained this issue stated that a person BORN in the USA, regardless of his parents' status is a natural born citizen. Give it up already.
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HUFFPOST PUNDIT
spytheweb
Black Democrat
07:13 AM on 05/26/2012
There is only 2 types of US citizens, natural born and naturalized. Obama's mother was a white woman from Kansas, Obama's a citizen by blood, does not matter where he was born.

My son was born on Clark AB, in the Philippines and born a US citizen.

"The Constitution does not define the phrase natural-born citizen, and various opinions have been offered over time regarding its precise meaning. A 2011Congressional Research Service report stated
The weight of legal and historical authority indicates that the term “natural born” citizen would mean a person who is entitled to U.S. citizenship “by birth” or “at birth,” either by being born “in” the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship “at birth.” Such term, however, would not include a person who was not a U.S. citizen by birth or at birth, and who was thus born an “alien” required to go through the legal process of “naturalization” to become a U.S. citizen"
http://en.wikipedia.org/wiki/Natural-born-citizen_clause
10:55 PM on 05/26/2012
Try this definition:

"The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. "
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0088_0162_ZO.html

That's right. The Supreme Court has actually defined this term.

Your kids are not natural born citizens unless their mother was also a US citizen at the time of their birth. Technically, any citizen who has one or more parents who were not US citizens at their birth is naturalized.
03:56 PM on 05/25/2012
The focus of this bill appears to detecting persons present in the state of Alabama illegally according to existing Federal law. Such persons are by definition, criminals.

To describe this law as "anti-immigrant" as at best disingenuous. By this argument, the Romans would have to be called "anti-immigrant" for resisting the Huns. The plain truth here is the persons addressed by HB56 are illegal aliens and not immigrants at all. They are invaders who differ from the Huns only in their means of entry : stealth instead of force of arms. Alabama has every right to seek their removal from its borders. The Federal government has a constitutional duty to remove these persons from the country.
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voyager48
Illegitimi Non Carborundum
03:10 PM on 05/25/2012
Brought to you by the Straw Man Party! (SMP)

Promotional T Shirts will be available shortly

- Straw Man, Unapologetic and unafraid!

- What does a Straw Man look like

- Straw Man is not a race

"Much of the law, which promotes racial profiling" SMP - Please explain to us exactly which parts of the law promotes racial profiling instead of spewing the party line? Exactly the same thing was said about SB1070 - yet to date not even the feds, who are the plaintiff in the action or the courts have been able to explain that one to anyone either.
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Dev Austin
Haters are my motivators
10:26 AM on 05/25/2012
What I find interesting is that there is all this buggaboo about immigration when the statistics are showing the Mexicans are actually returning or remaining in Mexico because their economy is on the up swing and there are jobs. The homeland statistics indicate that the number of border crossings has decreased every year since 2007.

I'm sure that their are parts of the country that are still feeling the affects of immigration but the illegals that are here have been here, on the average, since between 1995 and 2004. They are taking jobs that most Americans, even those unemployed, would not take. So it would seem adding more laws and the expense of carrying out those laws may not be cost effective. But then this is something the TPers want.
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Hacim Obmed
11:10 AM on 05/25/2012
According to the Pew study the net inflow of illegals rate is down but it is still 200 thousand per year from Mexico alone (*net* means inflow minus outflow). Pew has nothing to say about flows from other countries nor about total flows. So then why do you object to laws that fix this problem once and for all. Are you one of the criminal exploiters who use illegal labor in your business? The people were promised a total end of illegal immigration as part of the Amnesty deal in 1986 and we intend to hold to that bargain. There will be no double dealing on this issue. There are 12 million to get rid of so we need to get on with the job. It will take 30 years at the current rate of only 400 thousand per year and this is not fast enough. It should be done in ten years at most. And don't give me any bleeding heart nonsense about how the little innocent darlings are "human beings" or something. They are not innocent, they knew full well what they were doing when they crossed the border and they know full well they are breaking the law for very minute they remain. They are foreigners and they are damaging the employment prospects of many poor and unemployed americans, and they need to get out of our country.
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sjpersonal
02:13 PM on 05/25/2012
Excellent comment, F&F'd. Thank you
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Dev Austin
Haters are my motivators
02:39 PM on 05/25/2012
Apparently they deleted my comment probably because I offered concern for your blood pressure.

My point in my original post was to perhaps suggest that more laws which may interfere the rights of legal aliens and the cost involved in enforcing them might not be the smartest move at this point in time. I found your reply rude and unwarranted.
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voyager48
Illegitimi Non Carborundum
03:15 PM on 05/25/2012
Then why are we still apprehending around half a million illegals each year on the southern border? DOJ estimates that they only catch around 25% of those attempting to enter the country so this means that even still we have around 1.8 million people attempting to enter the country.
Net of apprehensions and deportations that means that we have a gain of around 1 million per year.

The ONLY way the number is not going up would be if another 1 million self deported each year, which means that not only is mass self deportation possible, feasible and being done at the expense of the illegal!

You cannot have it both ways!
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HUFFPOST SUPER USER
Dev Austin
Haters are my motivators
04:17 PM on 05/25/2012
They aren't my figures they are from the Homeland Security web site. You could possibly take it up with them if interested.
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HUFFPOST SUPER USER
Buzzm1
09:26 AM on 05/25/2012
Alabama Unemployment Rate .vs U.S Unemployment Rate
since enforcement against illegal immigration ...
Sept.2011 9.8% .vs 9.0%;
Oct.2011 9.3% .vs 8.9%;
Nov.2011 8.7% .vs 8.7%;
Dec.2011 8.1% .vs 8.5%;
Jan.2012 7.8% .vs 8.3%;
Feb.2012 7.6% .vs 8.3%
Mar.2012 7.3% .vs 8.2%
Apr.,2012 7.2% .vs 8.1%
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rockum
My micro-bio isn't empty.
09:36 AM on 05/26/2012
wow
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Karissa36
Saving lost boys and fighting pirates.
08:40 PM on 05/28/2012
wow 2. F and F.
08:54 AM on 05/25/2012
Does the ACLU have so much money they can challenge all of these? Wonder which groups are contributing. No balance to this story. Thought one had to turn on fox to hear stuff this slanted. Sad!
04:41 PM on 05/25/2012
The Ford Foundation gives the ACLU lots of money. The Ford Foundation gets it's money from investing in the TA DUM stock market.
08:51 AM on 05/25/2012
I still can't get past the fact thar our government is unwilling to change or enforce the current laws on a federal basis so states are having to do it for them. That's not leadership. Being unwilling to pay more for a product produced by Americans is like not calling the cops when you see a burglar next door because he cuts you in for five percent. Stop the gimmicks and enforce the rule of law, stand up politically and try to change law or get off the field and let someone else play. Local man was arrested with immigrants that paid five to eight thousand a head to come over. My heart bleeds for these poor folks.
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Viper1st
multi quasi faceted
07:03 AM on 05/25/2012
When are illegals going to realize the big picture?

The ONLY Issue that the Republicans & Democrats agree on?

Deportation of illegals

Democrats = forceably deporiting illegals = 1 every 79 seconds
Rebuplicans = voluntary "self-deportation" of illegals proposed
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Karissa36
Saving lost boys and fighting pirates.
08:44 PM on 05/28/2012
It seems they think if they say it often enough, people will believe them. This is not happening. Americans want illegal immigrants to return to their countries, and no more to come here. Simple. Painfully obvious. Truth.
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Sue McFarland
05:02 AM on 05/25/2012
So when you have to pay more for tomatoes (or any other fresh fruit/veggie), please don't complain. I saw somewhere (and I wish it had been more than a headline, but I haven't found anything but a headline), AL tomato farmers are reducing their production considerably. (I haven't seen anything from GA but it wouldn't surprise me if GA fruit/veggie farmers aren't doing the same thing.) Someone has suggested we just import the gap from what our farmers produce and what we consume. Do you really think that's a good idea?? (Think: Oil dependence on the Middle East for a very graphic example on point as to what happens when we grow dependent on any specific type of import.)

Again, when you have to pay more for fresh fruits/veggies, please don't complain. Man up and pay the price because that's basically what you're asking for.
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Viper1st
multi quasi faceted
06:53 AM on 05/25/2012
"we just import the gap from what our farmers produce and what we consume"

Just got back from the grocery store ~ no "gap" in supply of fresh fruits & vegetable found.

Plenty of produce on the shelves

Do fruits & vegetable produced by illegal means, using illegals, taste better than produced by legal means?

Cause they sure don't cost any less at the grocery store

Those "noble" farmers ~ exploiting illegals in Federal Felony violation of U.S. Federal Immigrations Laws ~ just to line their pockets for the past consecutive 25 years ~ gotta stop the slave labor farming practices
10:08 AM on 05/25/2012
In fact, it’s “undocumented” immigration that has a devastating effect on Farm Workers and their families. Farm Workers top the Pew Center list of occupations most affected by Illegal Immigration with 25% of this workforce made up of Illegal Immigrants. According to the US Bureau of Labor Statistics, Farm Workers earn a median wage of $8.64 per hour. Construction Laborers who work equally hard with comparable skills but they earn median wages between $11.23 and $13.19 per hour. The lowest skilled Loggers earn a median wage of $14.66 per hour. Even Parking Lot Attendants have higher median wages than Farm Laborers at $9.04 per hour.

The sad part is even if farm wages increased to the level of Laborers and Loggers, to a median wage of $13.50 per hour, the cost of farm labor is only 7% of the cost of food. The result would be a 4.5% increase in food prices. The average American household currently spends about $370 per year on fruits and vegetables. Such an increase to a living wage would cost the average American Household than $17 per year. Most other crops are harvested by machine.

According to the USBLS the Farm Worker unemployment rate is 20%. But if you count those who want to work but are not counted for various reasons this figure should be over 30%. Allowing Illegal Immigrants to work devastates employment and wages for American Farm Workers. Sounds just like "The Grapes of Wrath".
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wigglwagons
03:03 AM on 05/25/2012
Businesses were free to do as they saw fit in the 1920's and they broke America.  Most of them refused to pay any more than starvation wages so there was no consumer demand beyond what it takes to survive.  The Democratic Party spent the next 50 years fighting to protect American workers from the greed of employers.
 
That is when America built the biggest most prosperous economy the world has ever seen. Unfortunately, the Democratic Party and Obama have spent the last 30 years in lock step with Republicans helping business use free trade, illegal immigration, and deregulation to drive down wages and destroy BENEFITS.  Consequently, America is virtually broke again.  Without that well paid workforce, America will never again have the consumer demand that is necessary for an economy to truly prosper. The ACLU is fighting to destroy the very things that make immigrants want to move to America.
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jstanavgguy
Proud member of the evil 1%
04:37 PM on 05/26/2012
Now, are you advocating for a 'living wage'?

And if so, what would you set that wage at?

Which businesses would it apply to?

Can you give me a number? An actual DOLLAR figure that you would set the 'living wage' at?
12:17 AM on 05/25/2012
The ACLU is in a state of perpetual outrage over seemingly every immigration law and form of enforcement (Humanitarian crisis! Beyond the pale!). If they aren't simply against controlling immigration, why don't they ever offer alternatives? Have you ever heard someone from the ACLU offer up what enforcement they would support or at least tolerate? I haven't. All I see is lawsuit after lawsuit and indignant articles like this one. If it's really about rights and not just political, why do they have an "Immigration Myths and Facts" page which reads exactly like those of nakedly political open border lobby groups? Heck, the first statement on their "Immigrants' Rights" page is the open border talking point "No Human Being Is Illegal". Tell us, Mr. Blazer, what is your vision of an effective immigration law enforcement system?
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rubbercow
Pretty vacant
03:24 PM on 05/25/2012
I wouldn't hold my breath....
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Dave F
Former Republican. Liberal = liberty.
09:52 PM on 05/24/2012
Here's the thing about Republicans: They say that "Government is the problem." In other words, they DO NOT WANT GOVERNMENT TO WORK. They are trying to break it, as much and as fast as they can.

Why would anyone want to hire someone who is going to intentionally break an institution? That would get you kicked off the board of a corporation. You wouldn't be welcome very long at a non-profit if you were trying to make it fail.

So why do Republicans voters keeping voting people into office that are trying to make government bad by design? How dumb is that?
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jstanavgguy
Proud member of the evil 1%
04:39 PM on 05/26/2012
No, we are noit trying to 'break' government. It is already broken.

How about we limit the federal government to what it was intended and designed to do?
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Dave F
Former Republican. Liberal = liberty.
11:08 PM on 05/28/2012
How come conservatives don't ever say what that actually entails? The most concrete thing I ever hear is "Drown it in a bathtub." If you want that, go to Somalia - limited government, lots of guns, plenty of religious zealots.

I don't know how conservatives manage to keep overlooking that whole "promote the general welfare" clause that's right there at the beginning of the Constitution, and has been upheld for decades by both liberal AND conservative justices.