Ala. Governor Signs Strong Immigration-Enforcement Law

Alabama
Governor Robert Bentley today signed legislation (HB 56) that requires the use
of E-Verify by all employers in the state. The law also gives Alabama some the strongest
illegal-immigration enforcement tools in the country.

Sen.
Scott Beason, the Senate sponsor of HB 56, said, “This is a jobs bill. We
have a problem with an illegal workforce that displaces Alabama workers. We
need to put those people back to work. That’s the No.1 priority.” Rep.
Micky Hammon, the measure’s original sponsor, said the bill was carefully
drafted to be sound constitutionally.

The
law requires all businesses, public and private, to begin using E-Verify
effective April 1, 2012. Businesses that do not comply face suspension of its
business license and loss of employee expensing for state income tax purposes.
All state and local businesses must be in compliance by Jan. 1, 2012 or face
loss of business license and contract.

The
law calls for assisting small business compliance with the E-Verify requirement
by establishing an E-Verify designated agent that can check new hires on the
behalf of businesses that employ fewer than 25 employees.

Other
provisions within the law will:

Create
an affirmative defense against business penalties if E-Verify is used;
Prohibit
lawsuits against businesses that fire an employee due to an E-Verify final
non-confirmation determination;
Require
state and local governments to use the SAVE system to verify public-benefits
eligibility for those attesting to be non-citizens;
Create
a misdemeanor for failure to carry an alien registration document;
Require
police, after a lawful stop and when practicable, to check a person’s
immigration status if the officer has a reasonable suspicion that the person is
illegally present. 4th Amendment protections are included and the status-check
requirement is stayed for persons who are crime victims or witnesses;
Create
misdemeanors for seeking day-laborer work when illegal present and hiring
illegally-present day laborers;
Create
misdemeanors for aiding and abetting illegal aliens;
Ban
illegal aliens from state universities and colleges; and
Prohibit
illegal-alien sanctuary policies;
Require
the Attorney General to apply for a 287(g) MOU for state police;
Create
a crime for producing fake IDs; and
Require
elementary and secondary schools to request a birth certificate for all
enrolling students and to determine whether such children were born outside of
the U.S. or are children of illegal aliens requiring
English-as-a-Second-language classes. Also requires the collection of
statistics and a determination of the costs related to illegal-alien students.