Beason-Hammon Alabama Taxpayer and Citizen Protection Act: Difference between revisions

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The '''Beason-Hammon Alabama Taxpayer and Citizen Protection Act''' is a [[2011]] Alabama law that is generally considered the strongest state legislation aimed at controlling illegal immigration into the United States.
The '''Beason-Hammon Alabama Taxpayer and Citizen Protection Act''' is a [[2011]] Alabama law that is generally considered the strongest state legislation aimed at controlling illegal immigration into the United States.


The bill, dubbed "House Bill 56" or "HB56" was sponsored in the [[Alabama House of Representatives]] by twenty-five individual legislators. It was first read on [[March 1]], [[2011]] and referred to the committees on Public Safety and Homeland Security. The house passed the bill on its third reading on [[April 5]] by a 73-28 vote. It was read in the [[Alabama Senate]] on [[April 19]]. The bill was passed on [[May 5]] by a vote of 23-11 and, after some motions were debated, enrolled on [[June 2]] and send to Governor [[Robert Bentley]] the same day. He signed the bill on [[June 9]], enacting it as the law of Alabama. Many provisions of the law are set to become effective as of [[January 1]], [[2012]].
The bill, dubbed "House Bill 56" or "HB56" was sponsored in the [[Alabama House of Representatives]] by twenty-five individual legislators. It was first read on [[March 1]], [[2011]] and referred to the committees on Public Safety and Homeland Security. The house passed the bill on its third reading on [[April 5]] by a 67-29 vote. It was read in the [[Alabama Senate]] on [[April 19]]. The bill was passed on [[May 5]] by a vote of 25-7 and, after some motions were debated, enrolled on [[June 2]] and send to Governor [[Robert Bentley]] the same day. He signed the bill on [[June 9]], enacting it as the law of Alabama. Many provisions of the law are set to become effective as of [[January 1]], [[2012]], with the requirements for use of the Federal E-Verify system set to go into effect on [[April 1]].


==Content==
==Content==
The primary aim of the bill, as described in its introduction, is to "preclude any state or local government or official from refusing to enforce federal immigration laws" and to "prohibit an alien unlawfully present in the United States from receiving any state or local public benefits". It accomplishes that goal by creating a number of newly-defined crimes.
The primary aim of the bill, as described in its introduction, is to "preclude any state or local government or official from refusing to enforce federal immigration laws" and to "prohibit an alien unlawfully present in the United States from receiving any state or local public benefits". It accomplishes that goal by creating a number of newly-defined crimes.
Anyone not a citizen of the United States and without a valid visa or permanent resident status who is convicted of "willful failure to complete or carry an alien registration document" under the new law could be fined $100 and jailed for 30 days. Anyone who is found to "knowingly apply for work, solicit work in a public or private place or perform work as an employee or independent contractor" without verifiable status could be fined $500.


State and local officials, as well as private individuals and businesses, could be in violation of these laws if they fail to determine another party's federal immigration status before rendering public services or assistance, or engaging in business under the state's imprimatur.
State and local officials, as well as private individuals and businesses, could be in violation of these laws if they fail to determine another party's federal immigration status before rendering public services or assistance, or engaging in business under the state's imprimatur.


In the area of law enforcement, the law requires state and local police officers to verify the immigration status of all those charged with crimes for which bail is required and grants broad powers to detain individuals whose status cannot be readily verified. It provides for the [[Alabama Department of Homeland Security]] to maintain its own state police and to maintain an online verification system for legal immigrants.
In the area of law enforcement, the law requires state and local police officers to make a "reasonable attempt" to verify the immigration status of any suspect "where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States". Officers are further required to verify the immigration status of all those charged with crimes for which bail is required and grants broad powers to detain individuals whose status cannot be readily verified. It provides for the [[Alabama Department of Homeland Security]] to maintain its own state police and to maintain an online verification system for legal immigrants.


With regard to public benefits, the law requires public school districts to verify the immigration status of all enrolled students and to deny education to those without documentation. It requires poll workers, under a newly-created state election board, to determine valid citizenship of prospective voters.
With regard to public benefits, the law requires public school districts to verify the immigration status of all enrolled students and to publish reports number of undocumented enrollees and the cost of educating those without documentation. Public colleges and universities are required to deny enrollment to undocumented aliens. The law also requires poll workers, under a newly-created state election board, to determine valid citizenship of prospective voters.


With regard to private employment and contracts, the law prohibits private businesses from knowingly employing undocumented immigrant workers, and requires businesses who receive public incentives to verify their employees' immigration status. It prohibits "aliens not lawfully present" in the United States from entering into business transactions, housing leases, and other forms of contract (which would be rendered void under the provisions of the law). Private citizens can also be charged under the law of "concealing, harboring, shielding, or attempting to conceal, harbor, or shield unauthorized aliens".
With regard to private employment and contracts, the law prohibits private businesses from knowingly employing undocumented immigrant workers, and requires businesses who receive public incentives to verify their employees' immigration status. It prohibits "aliens not lawfully present" in the United States from entering into business transactions, housing leases, and other forms of contract (which would be rendered void under the provisions of the law). Private citizens can also be charged under the law of "concealing, harboring, shielding, or attempting to conceal, harbor, or shield unauthorized aliens". Businesses in violation of the law could have their licenses suspended or revoked.


==Reception==
==Reception==
The goal of passing stricter state laws regarding immigration had been expressed by many Republican candidates for state office, including Governor Bentley and Senate president pro tem [[Del Marsh]]. Frequent reference was made to a controversial law passed in Arizona in [[2010]] and, by consensus, the Alabama legislature succeeded in passing a stricter law than Arizona's.
The goal of passing stricter state laws regarding immigration had been expressed by many Republican candidates for state office, including Governor Bentley and Senate president pro tem [[Del Marsh]]. Frequent reference was made to a controversial law passed in Arizona in [[2010]] and, by consensus, the Alabama legislature succeeded in passing a stricter law than Arizona's.


Many religious leaders in the state, including [[North Alabama United Methodist Conference|Methodist Bishop]] [[Episcopal Diocese of Alabama|Episcopal Bishop]] [[Henry Parsley]] and [[Bishop of Birmingham|Catholic Bishop]] [[Robert Baker]], criticized the law for its "meanness" and its negative effect on Christian ministry.
Many religious leaders in the state, including [[North Alabama United Methodist Conference|Methodist Bishop]] [[Episcopal Diocese of Alabama|Episcopal Bishop]] [[Henry Parsley]] and [[Bishop of Birmingham|Catholic Bishop]] [[Robert Baker]], criticized the law for its "meanness" and its negative effect on Christian ministry. An interfaith protest in [[downton Birmingham]] on [[June 25]] attracted more than 3,000 demonstrators.
 
The [[American Civil Liberties Union]] and the [[Southern Poverty Law Center]] both indicated that they would file suits in federal courts to prevent enforcement of the law on the grounds that it violates the Constitution of the United States.


==Sponsors==
==Sponsors==
Line 45: Line 49:
* Phil Williams (R), House District 6 (Madison County)
* Phil Williams (R), House District 6 (Madison County)
* Greg Wren (R), House District 75 (Montgomery & Elmore Counties)
* Greg Wren (R), House District 75 (Montgomery & Elmore Counties)
==References==
* White, David (June 2, 2011) "Alabama Legislature passes Arizona-style immigration bill." ''Birmingham News''
* Preston, Julia (June 3, 2011) "In Alabama, a Harsh Bill for Residents Here Illegally." ''The New York Times''
* Velasco, Eric (June 10, 2011) "Critics say new Alabama immigration law will be costly." ''Birmingham News''
* Lyman, Brian (June 17, 2011) "Church leaders criticize Alabama's immigration law." ''Montgomery Advertiser''
* Velasco, Eric (June 25, 2011) "Marchers silently protest new Alabama immigration law in downtown Birmingham." ''Birmingham News''


==External links==
==External links==

Revision as of 20:54, 28 June 2011

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act is a 2011 Alabama law that is generally considered the strongest state legislation aimed at controlling illegal immigration into the United States.

The bill, dubbed "House Bill 56" or "HB56" was sponsored in the Alabama House of Representatives by twenty-five individual legislators. It was first read on March 1, 2011 and referred to the committees on Public Safety and Homeland Security. The house passed the bill on its third reading on April 5 by a 67-29 vote. It was read in the Alabama Senate on April 19. The bill was passed on May 5 by a vote of 25-7 and, after some motions were debated, enrolled on June 2 and send to Governor Robert Bentley the same day. He signed the bill on June 9, enacting it as the law of Alabama. Many provisions of the law are set to become effective as of January 1, 2012, with the requirements for use of the Federal E-Verify system set to go into effect on April 1.

Content

The primary aim of the bill, as described in its introduction, is to "preclude any state or local government or official from refusing to enforce federal immigration laws" and to "prohibit an alien unlawfully present in the United States from receiving any state or local public benefits". It accomplishes that goal by creating a number of newly-defined crimes.

Anyone not a citizen of the United States and without a valid visa or permanent resident status who is convicted of "willful failure to complete or carry an alien registration document" under the new law could be fined $100 and jailed for 30 days. Anyone who is found to "knowingly apply for work, solicit work in a public or private place or perform work as an employee or independent contractor" without verifiable status could be fined $500.

State and local officials, as well as private individuals and businesses, could be in violation of these laws if they fail to determine another party's federal immigration status before rendering public services or assistance, or engaging in business under the state's imprimatur.

In the area of law enforcement, the law requires state and local police officers to make a "reasonable attempt" to verify the immigration status of any suspect "where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States". Officers are further required to verify the immigration status of all those charged with crimes for which bail is required and grants broad powers to detain individuals whose status cannot be readily verified. It provides for the Alabama Department of Homeland Security to maintain its own state police and to maintain an online verification system for legal immigrants.

With regard to public benefits, the law requires public school districts to verify the immigration status of all enrolled students and to publish reports number of undocumented enrollees and the cost of educating those without documentation. Public colleges and universities are required to deny enrollment to undocumented aliens. The law also requires poll workers, under a newly-created state election board, to determine valid citizenship of prospective voters.

With regard to private employment and contracts, the law prohibits private businesses from knowingly employing undocumented immigrant workers, and requires businesses who receive public incentives to verify their employees' immigration status. It prohibits "aliens not lawfully present" in the United States from entering into business transactions, housing leases, and other forms of contract (which would be rendered void under the provisions of the law). Private citizens can also be charged under the law of "concealing, harboring, shielding, or attempting to conceal, harbor, or shield unauthorized aliens". Businesses in violation of the law could have their licenses suspended or revoked.

Reception

The goal of passing stricter state laws regarding immigration had been expressed by many Republican candidates for state office, including Governor Bentley and Senate president pro tem Del Marsh. Frequent reference was made to a controversial law passed in Arizona in 2010 and, by consensus, the Alabama legislature succeeded in passing a stricter law than Arizona's.

Many religious leaders in the state, including Methodist Bishop Episcopal Bishop Henry Parsley and Catholic Bishop Robert Baker, criticized the law for its "meanness" and its negative effect on Christian ministry. An interfaith protest in downton Birmingham on June 25 attracted more than 3,000 demonstrators.

The American Civil Liberties Union and the Southern Poverty Law Center both indicated that they would file suits in federal courts to prevent enforcement of the law on the grounds that it violates the Constitution of the United States.

Sponsors

References

  • White, David (June 2, 2011) "Alabama Legislature passes Arizona-style immigration bill." Birmingham News
  • Preston, Julia (June 3, 2011) "In Alabama, a Harsh Bill for Residents Here Illegally." The New York Times
  • Velasco, Eric (June 10, 2011) "Critics say new Alabama immigration law will be costly." Birmingham News
  • Lyman, Brian (June 17, 2011) "Church leaders criticize Alabama's immigration law." Montgomery Advertiser
  • Velasco, Eric (June 25, 2011) "Marchers silently protest new Alabama immigration law in downtown Birmingham." Birmingham News

External links

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