Alabama anti-immigration law

  • February 3, 2012

    by Jeremy Leaming

    Alabama’s harsh anti-immigrant law is already costing the state billions in lost revenue, according to a study by Samuel N. Addy, an economist at the University of Alabama.

    Reporting for Politico, MJ Lee notes that Addy’s report, “determined that the estimated 40,000 to 80,000 unauthorized immigrant workers fleeing the state have resulted in 70,000 to 140,000 jobs lost and $2.3 to $10.8 billion reduction in Alabama’s GDP annually.” The law moreover, is expected to cost the state “$56.7 to $264.5 million in reduced state income and sale tax collections, as well as $20 to $93.1 million less in local sales tax collections ….”

    Addy’s study centers largely on the law’s harm to the state’s overall economy, concluding that because it has already spurred scores of undocumented people to flee the state it has negatively impacted the state’s economic landscape. The professor says the “income generated by these people [undocumented workers fleeing the state] and their spending will decline. That results in a shrinking of the state economy and will be seen in lower economic output, personal income, fewer jobs, and lower tax revenues than would otherwise have been.”

    In coming to this conclusion about the law’s impact on the state’s economy, Addy, perhaps curiously, asserts that nobody “can fault the intent of the law” and that the law is “well-intentioned,” because it is aimed at tackling “illegal immigration.” He also highlights some “potential economic benefits of the law,” such as “saving funds used to provide public benefits to illegal immigrants; increased safety for citizens and legal residents; more business, employment, and education opportunities; and ensuring the integrity of various governmental programs and services.”

    Regardless of the law’s intent, its sweep has provoked protests throughout the state and some withering national scrutiny. Shortly after the law’s enactment, The New York Times opined that it was “the country’s cruelest, most unforgiving immigration law.”

  • September 1, 2011
    Guest Post

    This post is part of an ACSblog symposium in honor of the unveiling of the Martin Luther King Jr. National Memorial. The author, Lucas Guttentag, teaches at Yale Law School, where he is Robina Foundation Distinguished Senior Fellow and Senior Research Scholar.  He also serves as senior counsel to the Immigrants’ Rights Project of the American Civil Liberties Union Foundation, and was the project’s founding director until 2011.  


    More than fifty years ago Dr. Martin Luther King Jr. heroically battled segregation and built a coalition of conscience to change our society and its laws. Today, a new struggle is being fought in many of the same places. Arizona, which famously refused to recognize Martin Luther King Day as a holiday, and Alabama, home of the Selma march and Dr. King’s “Letters from a Birmingham Jail,” today defend the most punitive anti-immigrant state laws in the country. 

    Under the banner of regulating immigration, these laws would institute a new system of discrimination.  They would encourage – if not compel – racial and ethnic profiling, prohibit offering transportation and housing to undocumented immigrants, impose state punishment for immigration-registration violations, and – under the Alabama law – require  schools to conduct immigration checks on students and their parents in a transparent attempt to deny children their constitutional right to public education. This virtual barricading of Alabama’s public schools by state officials is a grim reminder of earlier refusals to provide equal education for all.

    It is telling – and deserves high praise – that the Obama Justice Department has joined Alabama’s religious leaders and a coalition of civil rights groups in suing to stop the Alabama law as it did the earlier Arizona SB1070 statute.

    To be sure, immigration is a complex subject. But falling prey to superficial responses that exacerbate discrimination, target all who look or sound “foreign,” and cater to those who fear changing demographics or new immigrants is not the answer. Though sadly, it is nothing new and as much a part of our history as the glorious Statue of Liberty. For example, earlier hostility against Chinese immigrants in California led to racist state and local laws, including the infamous San Francisco anti-Chinese laundry ordinance that was struck down by the Supreme Court in 1886.

    But easily overlooked in the current controversy over state anti-immigrant laws is the even more fundamental fact that federal immigration laws and practices routinely deny basic constitutional protections to non-citizens in a system of mass arrest, detention and deportation. 

  • August 2, 2011

    by Jeremy Leaming

    As noted in this piece from The New York Times, Maryland has been one of the few states to enact a law that is helpful, rather than harmful, to immigrants. Now a group of students, teachers, and voters are banding together in an attempt to save the Maryland Dream Act, which was enacted earlier this year and would allow immigrants, including undocumented immigrants, the ability to attend state schools at in-state tuition rates. The law, as noted by The Times, applies only to those immigrants who have paid their taxes and graduated from state high schools.

    The law, however, has been blocked by opponents who supposedly gathered enough signatures to put it before voters on the 2012 ballot. The group of Maryland students, teachers and the immigrant advocacy group CASA de Maryland, in a lawsuit lodged yesterday argues that too many of the signatures that helped pave the way for the law to be put before voters are invalid.

    The lawsuit, according to a CASA de Maryland press statement, charges that “more than 50,000 of the signatures turned in by petition sponsors and found valid by the Board [of Elections] were actually invalid under Maryland law.” The group’s lawsuit, filed by attorneys from Arnold & Porter LLP and Sandler, Reiff, Young & Lamb, P.C., also charges that the Board’s certification “suffers from an even more fundamental problem. Because the law directly provide for expenditure of state funds for a state government function, it cannot be referred to a referendum at all under the Maryland Constitution.”

    Joseph Sandler of Sandler, Reiff, Young & Lamb, P.C., said, “This law was approved by our elected representatives and is not the type of law subject to a referendum. In any event, through a painstaking line-by-line review of the signatures submitted to the Board, our team of lawyers and community volunteers discovered that the petition sponsors fell far short of turning in enough valid signatures to qualify this for the ballot.”

    Kim Propeack, a lawyer with CASA de Maryland, told the newspaper, “If one of the most popular immigrant issues in one of the bluest states does not win, that would be a very bad sign.”

    In Alabama, the U.S. Department of Jusitce has taken action to block a particularly onerous anti-immigration law from taking effect, TPM reports. The DOJ lodged a lawsuit yesterday against the law arguing that it is constitutionally suspect.

    In a press statement about the lawsuit, the DOJ states, “Alabama’s law is designed to affect virtually every aspect of an unauthorized immigrant’s daily life, from employment to housing to transportation to entering into and enforcing contracts to going to school. H.B. 56 further criminalizes mere unlawful presence and, like Arizona’s law, expands the opportunities for Alabama police to push aliens toward incarceration for various new immigration crimes by enforcing an immigration status verification system.”

    The DOJ’s lawsuit asserts that “while the federal government values state assistance and cooperation with respect to immigration enforcement, a state cannot set its own immigration policy, much less pass laws that conflict with federal enforcement of the immigration laws.”

    At the  a panel of constitutional law and immigration policy experts discussed the tension between federal and state efforts to address immigration issues. Video of that discussion is available here.