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by Amy Myers
On June 9, 2011 Governor Bentley signed into law the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (earlier HB 56). After legal challenges from three groups portions of the law went into effect on September 28, 2011 when the Honorable Sharon Lovelace Blackburn, U.S. Senior District Judge granted an injunction as to only a few provisions.
The U.S Department of Justice and others have brought an appeal to the US Court of Appeals for the 11th Circuit. At present the parties are submitting briefs in this action.
Amy Myers and Ben Slaughter of Haskell Slaughter have co-authored Alabama's Immigration Law – A Summary and Status Update. The the law and recent court rulings will affect both business and law enforcement throughout Alabama.
Schools, law enforcement and many employers are scrambling to react to the requirements of this law. The law may have many intended consequences, but more unintended ones. Many undocumented individuals and their families (some of whom may be documented) are leaving the State. Hundreds of employees failed to show up for work on September 29th, the day after Judge Blackburn issued her order. This effect was presumably intended. However, some individuals have been unable to get water service, and others must wait in Courthouse lines that snake around the building to renew tags or drivers’ licenses in an already burdened Jefferson County. Public schools are struggling to determine what they must do and how they should approach the gathering of sensitive data. Police officers already stretched with tight budgets are being forced to add additional duties to their workload without any added support.
Arizona, Georgia and Utah have passed strict immigration laws. Thus far, only the portion of Arizona’s law dealing with e-Verify has been reviewed by courts. The U.S. Supreme Court has upheld the mandatory use of e-Verify for employers under Arizona law. The “show me your papers provision” of Utah’s immigration law is also under attack by the U.S. Department of Justice with a hearing in federal court in november. While Arizona’s law has garnered more attention from the national media, Alabama’s law goes even further and is described by noted constitutional scholar Jonathon Turley as “Arizona’s law on steroids.” [Tweet this!] Just as is the case in Arizona, Alabama law enforcement officers are allowed to detain any individual suspected of being in the country illegally. However, Alabama’s law goes further by imposing new duties upon educators and landlords...
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About the Author: Amy K. Myers, of counsel with Haskell Slaughter Young & Rediker, LLC, practices in employment immigration, immigration and naturalization, business immigration, labor and employment, and litigation. She provides advice on issues including applications for temporary and permanent work visas and I-9 workplace compliance under federal law. Ms. Myers has filed non-immigrant visas for several workers who were coming to the U.S. to design prototype automobiles, and she has filed permanent labor certifications for companies needing professional workers with unique skills. Ms. Myers is a frequent speaker on immigration issues, employment law, and workers’ compensation.
Ms. Myers will also be addressing Immigration Law Update at Sterling's upcoming Employment Law Best Practices seminar in Birmingham. As Ms. Myers shared,
This seminar will provide you with the latest information on this controversial law including the following;
update as to the litigation; comparison of immigration laws in Alabama and Arizona; discussion of potential unanticipated repercussions for employers. agencies and business in general; advice for compliance in light of federal and state law; consideration of potential back-lash and rise of discrimination claims; procedures for I-9 audits; review of E-Verify system; importance of I-9 compliance plan for employers.
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