Total Articles: 10
Despite Legal Challenge, Effective Date Approaches for Key Provisions of Alabama Immigration Legislation
Alabama gained notoriety in June when Governor Robert Bentley signed into law HB 56, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. HB 56 quickly gained a reputation as the most aggressive in a long line of state immigration legislation and attracted interest (and ire) from the federal government, immigrant rights groups, and others. A recent federal court decision has halted implementation of certain provisions of the Act, but the central requirement that employers use E-Verify remains intact and on schedule.
Federal Appeals Court Blocks Parts Of Alabama Immigration Law
On October 14, 2011, the U.S. Court of Appeals for the 11th Circuit temporarily blocked two sections of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, while it considers the merits of the U.S. government's lawsuit seeking to permanently enjoin enforcement of the law. The law went into effect on September 29, 2011 after a temporary injunction imposed by federal District Court Judge Sharon Lovelace Blackburn for some sections of the law had expired.
Alabama Immigration Law Ruling
On September 28, 2011, U.S. District Court for the Northern District of Alabama Chief Judge Sharon Blackburn ruled on the U.S. Justice Department’s challenge to Alabama immigration law. Most significantly, as to employees, Judge Blackburn enjoined enforcement of the provision that made it unlawful for any unauthorized alien to “knowingly apply for work, solicit work...or perform work as an employee or an independent contractor.” As to other provisions impacting employers, Judge Blackburn upheld all but two provisions of the Act.
Alabama Immigration Law Upheld -- Mostly
On September 28, 2011, U.S. District Court Judge Sharon Lovelace Blackburn upheld the key provisions of Alabama's immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Alabama's immigration law is still considered the toughest immigration law in the country.
Alabama's Immigration Law Remains in Effect, but Some Relief is Granted Employers
On September 28, 2011, the Chief Judge of the United States District Court for the Northern District of Alabama, Sharon Blackburn, issued three orders addressing the recently enacted Alabama immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (H.B. 56). Judge Blackburn refused to enjoin enforcement of large portions of H.B. 56, but temporarily enjoined several provisions, meaning that they will not go into effect, pending a final judgment in the case. Those portions of H.B. 56 not impacted by the ruling will become effective, and Alabama employers must begin complying with those provisions.
Federal Judge Enjoins Portions of Alabama Immigration Law, with No Effect on E-Verify Provisions
On September 28, 2011, the District Court for the Northern District of Alabama (Judge Sharon Blackburn) issued a ruling (pdf) on a motion for preliminary injunction in the lawsuit filed by the U.S. Department of Justice against the State of Alabama challenging its recently enacted immigration law, House Bill 56 (HB 56).
Federal Court Blocks Enforcement of Several Provisions of the Alabama Immigration Law
As promised, an Alabama federal court issued orders on September 28, ruling on efforts by the U.S. Department of Justice, the leaders of three different religious organizations, and a group of plaintiffs (including the Hispanic Interest Coalition of Alabama) to prevent enforcement of several provisions of Alabama's controversial immigration law while the overall constitutionality of the law is being litigated.
Effective Date of New Alabama Immigration Law Postponed
Alabama's controversial immigration law (HB 56) will not take effect as planned on September 1, 2011. On August 29, 2011, a federal court in Alabama issued an order temporarily delaying the effective date of Alabama's new immigration law for up to 30 days. The law has been challenged by the U.S. Department of Justice, the American Civil Liberties Union, as well as the leaders of three religious organizations, on the basis that its broad-sweeping requirements may not be constitutional. While the court's order explained that it needed additional time to consider the constitutionality of the law, it also specified that the court-ordered delay was not to be interpreted as a reflection on the merits of the law. The court will issue a definitive ruling on the constitutionality of the law no later than September 28, 2011, and the law will not take effect until the court issues its final ruling.
Alabama, Georgia, and Tennessee Enact New Immigration Laws
During June, in union with the recent wave of states enacting immigration reform, Alabama, Georgia, and Tennessee enacted their own immigration reform legislation. The recently enacted laws place new requirements on employers that if not followed can have serious consequences ranging from monetary penalties to loss of an employers business license. Thus, it is imperative that employers become aware of the new requirements and put policies and practices in place to ensure that the requirements are followed.
Alabama Employers Must Use E-Verify under Controversial New Immigration Law
Alabama has passed the strictest state immigration legislation to date. The Beason-Hammon Alabama Taxpayer and Citizen Protection Act (HB 56) was signed into law by Governor Robert Bentley (R) on June 9, 2011. The new law, which becomes effective September 1, 2011, requires employers in the state to use the federal E-Verify system to confirm the work status of new workers. Businesses that knowingly employ an individual without work authorization could have their business licenses suspended or revoked. The new law also makes the knowing transport, trafficking or harboring of an undocumented alien a state crime.
