Alabama police, agribusness leaders and educators are scrambling today after a judge's surprise ruling had them waking up in the state where the nation's toughest immigration law has taken effect.Police and sheriff's departments, especially, were working to understand a Birmingham federal judge's detailed decision not to block portions of the state law related to the detaining of suspected illegal immigrants. Federal courts had blocked similar efforts in Arizona and Georgia. And Alabama police on Wednesday were predicting challenges to staffing and the ability to enforce other laws.
"It will be difficult, there is no question about it," Jefferson County sheriff's Chief Deputy Randy Christian said of law enforcement. "It is a mandate handed down from our lawmakers that didn't come with any financial means to accomplish it."
The judge's ruling means most sections of the law, which had been scheduled to take effect on Sept. 1, are now in effect, said a spokeswoman for Alabama Attorney General Luther Strange.
The law requires police to "make a reasonable attempt, where practicable, to determine the citizenship and immigration status" of people they have "reasonable suspicion" of being in the United States unlawfully.
"It creates two crimes now ... and they both have certain conditions or criteria," Huntsville Police Chief Mark Hudson said. "This is going to take some lawyers and probably the (state) Attorney General's Office to figure out and clarify for all law enforcement in the state exactly how we're supposed to interpret and enforce."
Attorney General Luther Strange offered no public guidance Wednesday, confining his comments to a brief statement declaring the judge's ruling a "victory for Alabama" and saying his office might appeal the sections of the ruling blocking a some parts of the state law.
Regarding the police provisions, U. S. District Judge Sharon Blackburn of Birmingham recognized in her ruling that lawsuits may result from enforcement by officers not trained "to discern suspicion of unlawful presence without consideration of a person's race, color or national origin."
That training takes federal agents four weeks, the judge noted, and state and local law enforcement officers haven't had it.
"The concern is what is reasonable suspicion. Is it someone's race or accent? That is not something that is defined in the law," said Jeremy Love, legal services director at the Hispanic Interest Coalition of Alabama. "It's a sad moment for all Alabamians, especially for those of color and those with an accent because it does encourage racial profiling."
The law also affects renewal of vehicle tags beginning today. Madison County License Director Mark Craig issued a statement reminding residents they must prove legal residency to obtain new tags, and in the case of vehicles owned jointly, both owners must provide that proof.
Alabama drivers can do that online at alverify.mytrip.alabama.gov.
Blackburn also chose not to block enforcement of a section of the new law that requires every public elementary and secondary school in Alabama to determine if an enrolling student was born outside the U.S. or is the child of an unlawfully present alien.
"Teachers are not immigration officers, but we will obey the law," said Nez Calhoun, spokeswoman for the Jefferson County School System. "This is another responsibility for school teachers that they were not expecting to have to do.... Their plate is already full and brimming but we will obey the law."
Calhoun said the school system, along with all 132 public school systems in the state, are waiting to take direction on how to proceed from the state department of education.
"We may issue a comment concerning the immigration issue tomorrow," Michael Sibely, spokesman for the state department of education, said in an email Wednesday. "Our team needs time to consult with the Attorney General's Office and make sure we've absorbed the ruling in its entirety."
Beginning in April, the law also requires all employers to use the federal E-Verify system to determine that job applicants are in the country legally. State agribusiness leaders are already planning training on that aspect of the law.
"It is time for state government to work with farmers and agribusinesses to first understand this new law and all of its ramifications," state Agriculture Commissioner John McMillan said in a statement Wednesday. "Next, we also must work to solve the severe labor shortage on our farms and in agribusiness facilities, now that many of the Latino workers have left Alabama."
McMillan said his department will schedule three webinars for farmers and agribusinesses on the law and provide information to state extension service offices.
Jay Reed, president of the Associated Builders and Contractors of Alabama, said builders had hoped "more thought would be given to the message (the law) sent to those working here legally."
Instead, Reed said, the Legislature passed a "convoluted and unclear" measure that confused businesses and frightened workers.
"Obviously,if a continued shortage of workers is prevalent in agriculture and construction the legislature that passed this bill will need to stand ready to help find workers," he said.
"In Alabama we must continue to roof projects, plant landscaping and harvest crops," said. "Today the question is, 'Who is left to do that?'"
No comments:
Post a Comment