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Alabama Law Intimidates Immigrants
Cruel crackdown scapegoats kids
by R aul A. R eyes
They don't call it
the Bible Belt for
nothing. In A la
bama, leaders of the
United Methodist
Church, Episcopal
Church, Lutheran
Church, and Roman
C atholic Church
have spoken out against HB 56,
the state's new anti-immigrant law.
They say it runs counter to Chris-
tian principles.
HB 56, the country’s harshest
immigration law, will make it a
criminal offense in Alabama to rent
a house or apartment to undocu-
mented immigrants, or even give
them a ride. Employers that hire
illegal workers can be penalized
once the law goes into effect on
September 1.
.
Ironically, for a state so con-
cemed with its residents'legal sta-
tus, HB 56 is itself of questionable
legality. The law contains some of
the same provisions as SB 1070
(also known as Arizona's "papers
please" law) that have been
blocked in federal court.
The problematic provi
sions include a requirement
that the police check the
immigration status of people
during law enforcement con
tact if they have "suspicion"
that the person may be an
undocumented immigrant,
and language allowing po
lice to hold people in jail if
theyfailtocarrydocumentsprov-
ing their legal status.
But Alabama has gone further
than Arizona. HB 56 bars undocu-
mented immigrants from enrolling
in public colleges, and requires
public schools to ask K-12 stu-
dents about their immigration sta-
tus. Schools must track and re-
port data on undocumented stu-
dents to the state board of educa-
tion and the state legislature. I
find these provisions troubling.
They serve no purpose except to
intimidate undocumented immi-
grants, including children,
It's hard to see why a state
would ban all undocumented high
school graduates from its col-
leges, even those who are paying
their own way. It doesn't make
economic sense, as these are
young people in whom the state
has invested up to 12 years of
education. While some of the high
school grads may leave Alabama,
as sponsors of HB 56 hope, it's
just as likely that many will seek
off-the-books jobs, which will ex
pand the state's population of
undocumented workers.
According to the Pew Hispanic
Center, last year Alabama was
home to 120,000 undocumented
immigrants who comprised 2.5
percent of the state's population.
HB 56 doesn't bar undocu
mented children from attending
public school, which would be
illegal. But it could make undocu
mented parents too afraid of the
potential consequences to send
their kids to school. Yet all chil
dren have a right to a public edu
cation, regardless of their immi
gration status. This is settled law,
as decided by «the Supreme Court
in its 1982 Plyler v. Doe decision.
In May, the Justice Department
issued a memo that warned school
districts against interfering with
the education of undocumented
children. The memo made it clear
that illegal immigrant kids are en
titled to attend school without
being asked for paperwork or get
ting hassled. Schools can ask stu
dents for proof that they live in
the district, for example, but they
may not inquire about their immi
gration status.
Practically speaking, HB 56 will
burden teachers and educators
with additional paperwork and
recordkeeping. It will be a waste
of time and resources in a state
that's in 43rd place in terms of
overall educational performance.
Turning teachers into de facto
immigration agents will endanger
trust between teachers and stu
dents, potentially further weak
ening the state's educational sys
tem.
Alabama's religious leaders are
right to denounce HB 56. It's ill-
conceived and mean-spirited, and
it scapegoats children. Not only
does it make Alabama look bad, it
should be a wakeup call to the
federal government that it's time
for firm action on immigration,
before the rights of more immi
grants and children are put at risk
by cruel state laws.
Raul A. Reyes is an attorney and
columnist in New York City.