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Raul A. Reyes

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Illegal Discrimination

Posted: 07/05/11 09:07 PM ET

Alabama's new anti-immigration law includes provisions that serve no purpose other than to intimidate undocumented immigrants and discourage them from getting an education.

They don't call it the Bible Belt for nothing. In Alabama, leaders of the United Methodist Church, Episcopal Church, Lutheran Church, and Roman Catholic Church have spoken out against HB 56, the state's new anti-immigrant law. They say it runs counter to Christian principles.

HB 56, the country's harshest immigration law, will make it a criminal offense in Alabama to rent a house or apartment to undocumented immigrants, or even give them a ride. Employers that hire illegal workers can be penalized once the law goes into effect on September 1.

Ironically, for a state so concerned with its residents' legal status, HB 56 is itself of questionable legality. The law contains some of the same provisions as SB 1070 (also known as Arizona's "papers please" law) that have been blocked in federal court. The problematic provisions include a requirement that the police check the immigration status of people during law enforcement contact if they have "suspicion" that the person may be an undocumented immigrant, and language allowing police to hold people in jail if they fail to carry documents proving their legal status.

But Alabama has gone further than Arizona. HB 56 bars undocumented immigrants from enrolling in public colleges, and requires public schools to ask K-12 students about their immigration status. Schools must track and report data on undocumented students to the state board of education and the state legislature. I find these provisions troubling. They serve no purpose except to intimidate undocumented immigrants, including children.

It's hard to see why a state would ban all undocumented high school graduates from its colleges, even those who are paying their own way. It doesn't make economic sense, as these are young people in whom the state has invested up to 12 years of education. While some of the high school grads may leave Alabama, as sponsors of HB 56 hope, it's just as likely that many will seek off-the-books jobs, which will expand the state's population of undocumented workers.

According to the Pew Hispanic Center, last year Alabama was home to 120,000 undocumented immigrants who comprised 2.5 percent of the state's population.

HB 56 doesn't bar undocumented children from attending public school, which would be illegal. But it could make undocumented parents too afraid of the potential consequences to send their kids to school. Yet all children have a right to a public education, regardless of their immigration status. This is settled law, as decided by the Supreme Court in its 1982 Plyler v. Doe decision.

In May, the Justice Department issued a memo that warned school districts against interfering with the education of undocumented children. The memo made it clear that illegal immigrant kids are entitled to attend school without being asked for paperwork or getting hassled. Schools can ask students for proof that they live in the district, for example, but they may not inquire about their immigration status.

Practically speaking, HB 56 will burden teachers and educators with additional paperwork and recordkeeping. It will be a waste of time and resources in a state that's in 43rd place in terms of overall educational performance. Turning teachers into de facto immigration agents will endanger trust between teachers and students, potentially further weakening the state's educational system.

Alabama's religious leaders are right to denounce HB 56. It's ill-conceived and mean-spirited, and it scapegoats children. Not only does it make Alabama look bad, it should be a wakeup call to the federal government that it's time for firm action on immigration, before the rights of more immigrants and children are put at risk by cruel state laws.

Cross-posted at Other Words.org.

 

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Gupdiver
We are in a period of Ineptocracy!
01:03 PM on 07/06/2011
If every state would pass laws to make it as difficult on illegals as possible to find employment / collect benefits, you wouldn't have to worry about educating their children or renting them houses or giving them a ride as they would self deport.
11:27 AM on 07/06/2011
ILLEGAL ALIENS are here ILLEGALLY. It is ILLEGAL to hire them - hopefully HB 56 puts HEAVY fines on those who hire ILLEGALS.
ILLEGAL ALIENS are costing us BILLIONS of dollars. Most if not all of this money comes from the states where ILLEGAL ALIENS have invaded. We can't afford to keep this up. LEGAL immigrants and CITIZENS need that money to educate their children and provide them with health care.
Since the Federal government is doing little to help this situation the state have to step up and protect themselves and their money. I fully support them - I just wish CA would do something.
10:59 AM on 07/06/2011
It is amazing to me that people who do everything in their power to facilitate the illegal activity of illegal aliens -- even going so far as to attempt to stop the secure communities program that removes violent criminals -- are so concerned about the possibility of the states violating the law when it comes to illegal aliens. Seems to me that either you believe in the rule of law or you don't. Why should American citizens concern themselves with the rule of law for illegal alien criminals? They certainly don't give a hoot about our laws! I would suggest to Hispanic American citizens that their loyalty to illegal aliens instead of their fellow citizens will lead to the very hatred they now falsely and routinely allege at every opportunity. It is human nature to retaliate against those who falsely defame you over and over again.
09:40 AM on 07/06/2011
The majority of American people do not support any type of amnesty for illegal residents and the federal govt. refuses to enforce immigration laws, so the states are implementing laws that "mirror" federal law, in a desire to make it increasing more difficult for illegal residents to secure employment or other benefits of our society.

Visit NumbersUSA and help fight illegal immigration.
05:30 AM on 07/06/2011
I do believe that Alabama's new law is a message to boarder jumpers to hit the road.
been2there
Facts have a liberal bias.
09:48 PM on 07/05/2011
Xenophobia and scapegoating will never solve problems--but that can make people feel like they have some control over their lives. Smoke and mirrors, yes, but unless people face that, the easy pseudo-solution will continue to be the fad du jour.
08:39 PM on 07/05/2011
" They serve no purpose except to intimidate undocumented immigrants, including children."

One purpose it would serve is to document the undocumented.

"Practically speaking, HB 56 will burden teachers and educators with additional paperwork and record keeping."

How would teachers be involved in the paperwork?

Also, North Carolina has this provision in it's law as well.
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spytheweb
09:39 PM on 07/06/2011
When you register your child for school where it asks if you are a US citizen, yes or no, have your birth certificate in hand, if you are illegal state no.