Congressional Democrats File Suit against Alabama Law

Last week, thirty-nine House Democrats signed onto an amicus ("friend of the court") brief in support of lawsuits filed by the Department of Justice and Hispanic Interest Coalition of Alabama against H.B. 56, Alabama's tough immigration enforcement law. (See amicus brief, Nov. 21, 2011; see also FAIR Legislative Update, Aug. 8, 2011) Like the lawsuit brought by the Department of Justice, the brief argues that the Alabama law is unconstitutional because it is preempted by federal law.

Rep. Luis Gutierrez (D-Ill), one of the most vocal amnesty advocates in the U.S. House, is leading the charge on the lawmakers' amicus brief. "HB 56 has and will cause irreparable harm to communities and families throughout Alabama, but will also cause irreparable damage to Constitutional principles if allowed to stand," he stated in a press release. (Rep. Gutierrez Press Release, Nov. 22, 2011) "We join the U.S. Department of Justice, civil rights organizations, immigrant advocates, educators and people of faith in calling for HB 56 to be stripped from Alabama's law books." (Id.)

The amicus brief comes on the heels of a series of demonstrations held by open borders lobby protestors and Democratic lawmakers from all over the country in opposition to the Alabama law. (See FAIR Legislative Update, Nov. 21, 2011) In fact, the day the brief was filed, Democrats held an ad hoc hearing in Birmingham, AL to hear testimony regarding how the law is purportedly harming the State. (Huffington Post, Nov. 21, 2011)

In spite of such testimony, data from the Alabama Department of Labor suggest that H.B. 56 is in fact boosting employment in the State by requiring employers to verify the employment eligibility of new hires. Unemployment in Alabama has dropped from 9.8 percent in September to 9.3 percent in October, well above the 0.1% decline nationwide over the same period. (AL Dept. of Labor, Oct. 2011 Employment Rates) In some counties the decrease in unemployment was as high as a full percentage point. (Daily Caller, Nov. 21, 2011)

Although the courts have largely upheld most of the provisions in H.B. 56, the 11th Circuit Court of Appeals recently enjoined two provisions of the law. (See FAIR Legislative Update, Oct. 17, 2011) These sections include:

Section 10, which provides that an illegal alien who fails to comply with the federal alien registration requirements found in 8 U.S.C. § 1304(e) and/or 8 U.S.C. § 1306(a) is guilty of a misdemeanor under state law; and
Section 28, which requires public schools to gather immigration status information from students upon enrollment, based on birth certificates, and compile and submit non-identifiable data related thereto to the state.

The injunction of these two provisions was in addition to those already enjoined by a U.S. District Judge in late September. These additional sections include 11(a) (solicitation of work by an illegal alien), 13(a) (concealing, harboring or transporting of illegal aliens), 16 (deduction of business wages), and 17 (private cause of action for employment discrimination). (See FAIR Legislative Update, Oct. 3, 2011)

Posted in: FAIR, immigration policy, Legislative Immigration