Total Articles: 14
As Compliance Deadline Nears, the Eleventh Circuit Leaves Employer Provisions of Alabama’s Immigration Law Intact
Effective April 1, 2012, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act will prohibit Alabama employers from knowingly hiring, employing, or continuing to employ unauthorized aliens. Every employer in the state of Alabama will be required to verify the immigration status (entitlement to be present within the United States) of its employees. Although enforcement of several provisions of the law has been blocked by the courts, most employer provisions remain in place. On March 8, 2012, the Eleventh Circuit Court of Appeals struck two additional sections of the law. First, the court blocked enforcement of Section 27 of the law, which prohibited Alabama courts from enforcing the terms of any contract knowingly made between an unlawful alien and another party. As such, Alabama courts must continue enforcing the terms of legally binding contracts between any of its residents. The court also held that Section 30 of the law, which criminalized attempts by any unlawful alien to conduct business transactions with the state, could not be enforced. This particular provision had created some enforcement difficulties because it was not entirely clear what constituted a “business transaction,†and city and local governments had interpreted the statute to require all applicants for basic services (such as sewer and water) to provide proof of lawful presence in the state.
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 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.
New Alabama Law Regarding Illegal Immigration Signed by Governor
The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, House Bill 56, was signed into law on June 9, 2011, by Governor Robert Bentley. Intended to address many problems of illegal immigration, sections of the law:
Amendment Proposed to Guarantee Secret Ballot Elections
On June 9, 2011, Alabama’s legislature gave final approval to HB 64, a proposed constitutional amendment that would guarantee secret ballot elections on whether employees choose to be represented by unions. The proposed amendment states, in pertinent part:
Alabama Enacts Comprehensive Immigration Law
On June 9, 2011, Gov. Robert Bentley signed into law the Beason-Hammon Alabama Taxpayer and Citizen Protection Act described as the toughest immigration law in the country. The new law 1) requires Alabama businesses to participate in E-Verify no later than April 1, 2012 to confirm the work authorization of new hires; 2) prohibits employers from terminating or refusing to hire a U.S. citizen or work-authorized individual while retaining or hiring an individual that the employer knows or reasonably should have known was unauthorized; 3) disallows as a business deduction any wage or compensation paid to an unauthorized alien; and, 4) makes it a crime to knowingly transport or harbor an individual who is not lawfully present in the U.S.
Alabama Joins Trend of Immigration Enforcement Laws
On June 2, 2011, the Alabama legislature resoundingly passed an immigration bill similar to Arizona's immigration statute, and it awaits the governor’s signature. Like its Arizona, Utah, and Georgia predecessors, Alabama House Bill 56 broadly empowers and obligates state and local officials to verify immigration status and enforce immigration laws. It requires all employers to use E-Verify, especially employers seeking state or local government contracts or grants. As a result, aliens unlawfully present will have increasing difficulty functioning in Alabama, and more may resort to obtaining fraudulent identification documents incorporating stolen identities of authorized people (a crime with enhanced state penalties under the bill).
