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Saturday, April 14, 2012

Alabama Anti-Immigration Law

According to the Latin American News Dispatch article - Text of Alabama Immigration Law, HB56

Alabama Anti-Immigration Law (June 9, 2011) "Beason-Hammon Alabama Taxpayer and Citizen Protection Act"

Section 2: "The State of Alabama finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. Because the costs incurred by school districts for the public elementary and secondary education of children who are aliens not lawfully present in the United States can adversely affect the availability of public education resources to students who are United States citizens or are aliens lawfully present in the United States..."

  • Requires public schools to check the status of every student
  • Criminalizes giving an undocumented immigrant a ride
  • Requires employers to use E-Verify to check potential employees’ status
    • (7) E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. §1324(a), and operated by the United States Department of Homeland Security, or its successor program.
  • Instructs police to check the immigration status of anyone they stop if they suspect the person of being an undocumented immigrant. View the text of the law

(10) LAWFUL PRESENCE or LAWFULLY PRESENT. A person shall be regarded as an alien unlawfully present in the United States only if the person’s unlawful immigration status has been verified by the federal government pursuant to 8 U.S.C. § 1373(c). No officer of this state or any political subdivision of this state shall attempt to independently make a final determination of an alien’s immigration status. An alien possessing self-identification in any of the following forms is entitled to the presumption that he or she is an alien lawfully present in the United States:
a. A valid, unexpired Alabama driver’s license.
b. A valid, unexpired Alabama nondriver identification card.
c. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.
d. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.
e. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.
f. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

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