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Maribel Hastings

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Sweet Home Alabama?

Posted: 10/03/11 03:39 PM ET

WASHINGTON-- After a disappointing verdict that left some of the worst provisions of Alabama's immigration law HB 56 in effect, the federal government is finding itself ever more deeply entangled in a complicated legal thicket as it tries to figure out how to keep the list of states with their own immigration laws from continuing to grow. The clash of powers may advance all the way to the Supreme Court--exactly where the champions of these restrictive laws have been trying to get for the past two years.

In fact, this past Friday the Department of Justice appealed the decision of Alabama district federal judge Sharon Lovelace Blackburn. A few days earlier, at an online discussion with Spanish media, President Barack Obama reiterated that the United States needs to avoid having a patchwork of 50 immigration laws--and therefore needs to pass comprehensive immigration reform.

But the debate over the wave of state immigration laws in the absence of such reform has turned into another blame game--while civil rights, our economy, and our moral fiber pay the price.

The federal government argues (correctly) that enforcing immigration laws is a federal matter. For their part, those promoting and defending these state laws say they're acting because the federal government has failed in its responsibility to enforce the laws, and they see a need to fill the gap


However, as we saw with Arizona's SB 1070--and even more with Alabama's HB 56, which is "SB 1070 on steroids"--these state laws go much further than mere frustration with the federal government. Anyone can see that these laws are discriminatory and unconstitutional, not to mention racially motivated.


To try to combat undocumented immigration by trampling on constitutional rights and encouraging racial profiling, as these laws do, is shameful. Such tactics can affect everyone--including citizens and legal residents.

The tears and anxiety among U.S.-born Hispanic students in Alabama, afraid that their undocumented parents would be identified, detained, and deported, are absolutely unjustifiable. Univision News interviewed a young boy, Damián, who was scared because his mother was undocumented. He summed it up clearly:

"I wanted to be a biologist, but now that dream is meaningless. I'm an American citizen, but what use is that? My family is here, but I can't be here without her, and they're going to take her away from me."

This is what the federal judge in Alabama green-lighted: one of the worst provisions in the law requires elementary and secondary schools to collect information about the immigration status of all new students and their parents. But even students who have already enrolled are now considering not coming to school anymore, out of fear of becoming the victims of discrimination or because their parents are undocumented. This provision violates the right of all children to get an education independent of their immigration status.

The law also permits police to ask for documents from anyone they suspect is undocumented, and invalidates contracts with undocumented immigrants--to keep them, for example, from finding housing.

Yes, it's true that the federal government clearly has the power to make immigration laws. But it's also true that Congress has failed in its responsibility to pass an immigration reform bill that would keep the Alabama nightmare from spreading like fire through dry grass. And so the Department of Justice has been reduced to putting out fires here and there.

It's also true that the federal government--exactly because it hasn't reformed federal immigration laws--has strengthened its relationships with state governments to fulfill immigration duties, with programs like 287(g) and Secure Communities. This has emboldened the politicians who use state laws like HB56 to push their anti-immigrant agenda.

Alabama has a long history of shameful conduct in the nation's civil rights struggles. Heedless of its own history, it is tragically repeating it.



Maribel Hastings is a senior advisor at America's Voice

 
 
 
 
 
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05:46 PM on 10/08/2011
Alabama's racist history spans centuries.
This is just the latest chapter.
08:41 AM on 10/06/2011
"Anyone can see that these laws are discriminatory and unconstitutional, not to mention racially motivated." And by anyone, you mean illegal hispanics. Americans conversely see this as long over due and just. For you to take a cheap shot at Alabama is uncalled for and obviously stems from your fear that many more states will follow suit and follow AL. GA. and AZ. to do what the Obama administration (in direct violation of his oath of office and the laws of this nation) refuses to do. No state has an anti immigration agenda. ALL states should have an anti ILLEGAL immigration policy.
07:52 PM on 10/04/2011
Nobody says anything when the economy it's booming,but when it hurts the American pocket,I guess it's all about money,there's no morality anymore
07:49 PM on 10/04/2011
I visited Mexico ,driving to know the country and I notice that Americans are getting the best beaches (they even have it fenced)beaches are for everyone,that's what I thought,getting the most beatiful places.mexicans still work for them as gardeners ,cooks with hardly no pay,so who is taking over?
08:43 AM on 10/06/2011
You realize of course that it is against the law for any NON Mexican citizen to own coastal property in Mexico, right??
03:11 PM on 10/04/2011
Anyone who knows Alabama's civil rights history knows that the alleged restriction that police targets are limited to persons pulled over for other reasons is meaningless. An African American driving 10 miles per hour in a 40 mile per hour zone could be expected to be pulled over and given a speeding ticket or arrested.
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Patricia Shavers
02:41 PM on 10/04/2011
It is a sad, sad day for our state and our country. Yet again the political leaders in our state have brought shame to us. Alabama never seems to get noted in the national press for doing anything positive. Except for football, when I see Alabama in a headline it makes me cringe.When little school children came to school one day many of their Hispanic playmates were just gone. How do you explain this to your children? Some have just moved away from homes they have purchased because any contract made with them would not be honored. Just imagine, a bank takes your down payment. You buy a house. You pay your mortgage. Then one day that mortgage is no good and any equity you have in your home is lost. What was the motivation for any employer to hire an illegal immigrant in the first place? Why did banks loan money to illegal immigrants? Follow the money. I don't know the right answer to the immigration issue, but when you get that sick feeling in the pit of your stomach when you read about how this is happening, you know that the way we are doing this is very, very wrong.
http://www.nytimes.com/2011/10/04/us/after-ruling-hispanics-flee-an-alabama-town.html?pagewanted=2&nl=todaysheadlines&emc=tha23
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uneeda
Make Peace in Our Time
12:00 AM on 10/05/2011
wow
08:46 AM on 10/06/2011
This IS something positive. And what you tell your school children is that their playmates parents did a very bad thing and broke the law. Even a child will understand what you don't seem to grasp.
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Picosa
dedicated to FACTS & TRUTH
10:58 PM on 11/02/2011
Yes it's a very bad thing to migrate to work to feed your family because the people of the United States steal your share of your wealth from your country because they are greedy.

You should just sit still and let your family die of starvation.

The Story of 500 Years of Global Greed and Misery

......"for us in the North to maintain this lifestyle, we have to plunge more people below the poverty line in the South." But if the South had cartels to raise the prices of their minerals and agricultur­al products, the economy of the North would collapse.

..... poverty is not an accident. It began with military conquest, slavery and colonization that resulted in the seizure of land, minerals and forced labor. Today, global poverty has reached new levels because of unfair debt, trade and tax policies -- in other words, wealthy countries exploiting the weaknesses of poor, developing countries such that today 20% of the planet's population uses 80% of its resources and consumes 30% more than the planet can regenerate.

Only 5% of the worlds population live in the United states, yet we consume over 25% of the worlds natural resources.
http://www.alternet.org/story/144129/the_story_of_500_years_of_global_greed_and_misery/?page=1
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didbblejr
~Opinions, distinguish our Great Nation
02:21 PM on 10/04/2011
I am very proud of what we have accomplished in my state, however there is still more that needs to be done, as a nation.

There are way to many bleeding hearts that think we should be paying for illegals to stay in our country. They all need to go home and "properly" apply to enter the US legally.

It's been a long time coming. Now we need to spread the law throughout the land.
09:45 PM on 10/04/2011
You don't pay for illegal immigrants to stay here in the United States they pay for themselves to leave her with the money they make.
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didbblejr
~Opinions, distinguish our Great Nation
10:35 PM on 10/04/2011
What rock have you been living or hiding under?

All U.S. Citizens who pay taxes pay for the "illegals" in one way or another

1) Medical expenses
2) education
3) lost jobs and wages
4) additional law enforcemnt

Just to name a few. The list could go on and on.

Our Alabama new law seems to be working, 450 hispanic children missed school Friday, 1120 on Monday and today 2450 according to Fox 6 News and DOE statistics.
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Viper1st
multi quasi faceted
10:49 AM on 10/04/2011
One would have to question the accuracy of "ant-immigration" agenda

When the USCIS grants legal "vetted" entry into the USA, 1 million legal immigrants, each & every year since 2001

It's the 11.2 illegal "FREE LOADERS" imposing their narcisisstic behavior upon the U.S. Taxpayer is at question
09:49 PM on 10/04/2011
Thats funny. Illegal immigrants pay taxes just like you and the american people are the freeloaders they are the ones getting welfare and foodstamps not illegal immigrants. You need to stop blaming other people and face the truth that it is your race that is free loaders. At least the illegal immigrants do take care their kids and they all good and bad in each race. How about all of the americans that are in jail and prision for drugs?? Whats your exscuse for that. Since ya'll seem to have a exscuse for everything.
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Viper1st
multi quasi faceted
10:09 PM on 10/04/2011
That's funny. illegals pay taxes? With what? Ill-gotten money, earned by illegal means?

Since illegals are not authorized to work in the USA?

Recent study ~ 71% of all illegal households take advantage of at least one U.S. Social Service (welfare) program

Illegals file IRS Income tax returns in fraudulent SSNs and IRS-issued ITINs for the $4.2 billion USD annually in REFUNDS

All the while, illegals send $30 billion annually out of the U.S. Economy, back to their homelands of origin
10:01 AM on 10/04/2011
I 100% support Alabama in what they are doing. They are not doing anything that is against federal law. They are gathering data so they know the extent of the problem. If by gathering data illegals leave the state so be it. Mexico needs to get a bill for the free education we are providing its citizens, and taking from our own.
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Viper1st
multi quasi faceted
11:19 AM on 10/04/2011
The gathering of enrollment information is NOT against U.S. Federal Law

It is against the NEA's guidelines of immigration enrollment ~ whose members' income is based on increasing student enrollment numbers

http://www.nea.org/assets/docs/HE/09undocumentedchildren.pdf
11:59 AM on 10/04/2011
Of course the NEA wants more students so they can justify more teachers and more forced union dues and political union dues. However the NEA guideline is not law and should never be considered law. union should be able to colelctively bargain for wages, and some benefits but never work rules or any other administrative function. Collective bargaining does not mean collective control. Screw the NEA guidelines as their interests are self serving and public policy is in the interest of the public not the NEA.
09:56 PM on 10/04/2011
They aren't taking anything from anyone's kids and they sure ain't getting a free education they have to pay for their books and classes just like anyone elses kids. Oh and another question I thought this law wasn't just for hispanic people?? Then why did you just say mexico needs to get a bill for free education. Oh wait thats just another one of ya'lls exscuses saying your not targating hispanics it's for all illegal immigrants. And also maybe if you would do your research instead of calling all hispanic people mexicans you would know that there is more than just one country that is of hispanic desent that just goes to show how ignorant you are.
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RobietheCat
Totalitarianism is the work of VERY small minds
02:09 AM on 10/05/2011
Hermanita, you are not going to get a lot of sympathy for people illegally in the country, although I have to admire your enthusiasm.

Let me ask you a question, let say you work here, and save and sacrifice to buy a house in Mexico. One day you move back, only to find someone else's family living there for free.

Would you let them stay for free?
09:23 AM on 10/05/2011
They pay for books big deal. And they are getting a free education. Do there parents pay property taxes? FWT, no they claim M-11. This law is for illegals, but the majority of illegals are mexicans or latin americans if you want to use that term. Why if Latino voices on huffpo contain mostly articles on immigrations. Do you see that on black voices. This is fact, not racists. I hae no problem with Mexican Americans, or mexicans in general. They just need to stay in there own country if they are not here legally, and the government needs to prevent any taxpayer money from being spent on illegals.
01:12 AM on 10/04/2011
The cost to America is very great.

Illegal Hispanic aliens tend to be uneducated and have a high birth rate, hence economically,they tend to live in poverty. Illegal Hispanic aliens tend to not learn English. Poor, uneducated, won’t learn English is a recipe for failure in America.

Compare with Korean immigrants. Same skin color and same handicap of not knowing the language, but Koreans learn the language, overachieve, outperform American kids, and go to Harvard and Princeton. They embody the American dream. Hispanics underperform… study the reasons for this difference, you discover it is a difficult challenge to get Hispanics achieving at a high level…Hispanic culture and poverty makes this tough.

Everybody who comes to America does not have to succeed at the level of the Koreans, but the the number of Hispanics is creating a large highly uneducated and poor underclass…which drains our social services, our hospitals, negatively impacts our children’s education, and takes jobs from legal Americans.
Everybody wishes to come to America, so we can be picky, that is if we want to prosper in the 21st century. IF you don’t want that and only want to help millions of poor Hispanics leave Mexico, well, I think as an American your first responsibility is to America.

And an enlightened immigration policy should look at the ability and education of the immigrants…and preference should be given to Koreans, Chinese, Russians and Asians. Hispanics underachieve and drain America…but other ethnic groups actually contribute to America.
09:59 PM on 10/04/2011
Exscuses, Exscuses and More exscuses that all ya'll know
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RobietheCat
Totalitarianism is the work of VERY small minds
02:11 AM on 10/05/2011
When you say Hispanics, it allows you to paint with a broad brush.

Many people have come from all nations, including Mexico to achieve success here.

This latest wave of illegal immigration is a different generation and people.

Try not to overgeneralize, it weakens your case.
09:37 AM on 10/05/2011
RobietheCat --I do not generalize, you are grasping at non-existent straws....however please understand, due to space limitations of what I can post on this site, I do not list the precise studies. Also please understand I have no dog in this fight, it is not "my case". I merely report the facts as they are. I would prefer to say the Hispanics come to America and outperform everybody, but the facts do not show that.
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RatPack78
I enjoy playing devil's advocate.
11:08 PM on 10/03/2011
"the federal government is finding itself ever more deeply entangled in a complicate­d legal thicket as it tries to figure out how to keep the list of states with their own immigratio­n laws from continuing to grow."

I've got an idea, enforce the law themselves­! Make employers liable for hiring illegal aliens including paying deportatio­n costs. Crack down on "sanctuary­" cities and states. Do whatever it takes to effectivel­y secure our border including building a wall. Require at least one parent be an American citizen before any child born here can be considered a citizen. Leave talk of amnesty and Dream Acts until AFTER we have stopped the flow of illegal aliens into our country, and even then no one who has come here illegally could EVER become a citizen, only a permanent resident.
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RobietheCat
Totalitarianism is the work of VERY small minds
02:14 AM on 10/05/2011
We need to do all those things, otherwise, our culture, politics and national objectives will veer off course.

The illegal aliens are not the only threat to our way of life, but unless we secure the border, and secure ingress and egress, we'll never solve all the others.
09:22 PM on 10/03/2011
Immigration Reform = Enforce the Law
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LMPE
I connect the most dissimilar things
08:09 PM on 10/03/2011
The provision in the law requiring elementary and secondary schools to collect information about the immigration status of all new students and their parents must make George Orwell roll over in his grave.
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ugly american
"I drank what?"- Last words of Socrates
06:03 AM on 10/04/2011
Not even if it is compared to what citizen parents have to provide. If all they're asked is what nation they're from and whether they or their children have permission to be here, they are getting off very easy.
Citizen parents routinely have to provide utility bills, leases, both parent's ID's and social security numbers and birth certificates. This is to enroll the child in school. To get public benefits other pieces of personal ID are required like paycheck stubs.
And the people do it. So why is it such a stretch to ask what country the family is from?
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RobietheCat
Totalitarianism is the work of VERY small minds
02:17 AM on 10/05/2011
You must not realize it, but they already require lots of information, and have serious requirements as well, like immunizations. If you can't provide evidence for this, the child may get enrolled.

How could you not know something like that, and still be concerned about a requirement on info on legal status.
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Max Shelby
Purveyor of tar and feathers
07:52 PM on 10/03/2011
Shocking the Alabama and Florida get an "A":

"SPLC Study Finds that More than Half of States Fail at Teaching the Civil Rights Movement"

The study – Teaching the Movement: The State of Civil Rights Education 2011 – examined state standards and curriculum requirements related to the study of the modern civil rights movement for all 50 states and the District of Columbia. It was conducted by the SPLC’s Teaching Tolerance program and includes a forward by noted civil rights activist and historian Julian Bond.

The study compared the requirements in state standards to a body of knowledge that reflects what civil rights historians and educators consider core information about the civil rights movement. It found that:

A shocking number of states – 35 – received grades of “F.â€

Sixteen states, where local officials set specific policies and requirements for their school districts, have no requirements at all for teaching about the movement.

Only three states received a grade of “A†– Alabama, New York and Florida – and even these states have considerable room for improvement.

Generally speaking, the farther from the South – and the smaller the African-American population – the less attention paid to the movement.

http://tinyurl.com/65b8a7o
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RobietheCat
Totalitarianism is the work of VERY small minds
02:17 AM on 10/05/2011
Very good point. Thanks.
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red skull
I am legion
07:35 PM on 10/03/2011
Score one for the white devil.