Global Immigration Blog

Call it the Law of Unintended Consequences

Fri, 17 Feb 2012 16:07:00 GMT

The state of Alabama boasts the nation’s toughest immigration law. Known as HB-56, the Hammon-Beason Alabama Taxpayer and Citizen Protection Act requires law enforcement officers to ascertain an individual’s legal status during a police stop if an officer has reason to suspect the person may be unlawfully present in the United States.

Honda Motor Company executive Ichiro Yada wasn’t in the country illegally as he drove through Leeds, Alabama in late 2011. Honda’s manufacturing plant in nearby Lincoln covers 1,350 acres, boasts a capacity of 300,000 vehicles and engines per year, and contributes to the state’s strong automotive sector, which currently ranks fifth in the nation in car manufacturing. When Ichiro was questioned as he passed through a routine traffic stop, he produced a passport and a valid U.S. work permit. It wasn’t enough. Although Ichiro’s case was eventually dismissed, the incident marked the second time a visiting automotive executive was detained due to Alabama's tough new immigration law. Just weeks earlier, a German Mercedes-Benz worker was arrested in Tuscaloosa after being unable to produce proper immigration documentation.

Although supporters of the law aim to drive illegal immigrants out of the state, it could be Alabama businesses that pack their bags for greener pastures. Neighboring Missouri, in fact, hopes to capitalize on companies feeling the heat from HB-56. In a recent editorial, the St. Louis Post-Dispatch reminded readers that Missouri is the “Show-Me State, not the ‘Show me your papers’ state.”

Alabama governor Robert J. Bentley did not address the controversial law, which went into effect last June, during his State of the State Address on February 7. Defending the omission, Gov. Bentley said, "Basically I've already said what we need to say on the illegal immigration law.”

However, some state legislators have a lot to say on the subject. Proposed options for addressing the situation range from tweaking the bill to outright repealing it. In addition to requiring law enforcement officers to ascertain legal status during routine questionings, the bill also includes measures to prevent illegal immigrants from engaging in business transactions with the state. This means obtaining electric and water service can require a customer to submit proof of legal status. The same goes for aid programs like food stamps; the Southern Poverty Law Center reports that some families have already been denied assistance due to the new requirements.

HB-56 also originally required officials at primary and secondary schools to document the legal status of attending students, but that provision was struck down by the U.S. Court of Appeals. However, the Court's decision left other controversial portions of the law intact, setting the stage for what may be an eventual Supreme Court showdown.

Jason Davis

Systems Administrator

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