Five Truths About HB658 – Alabama’s Immigration Law Changes

Myth 1:  Alabama’s immigration law damages our state’s ability to recruit new industry and hurts our economy.

Truth: Governor Robert Bentley has done an outstanding job of recruiting industry to Alabama and of keeping his promise to “Put Alabamians Back to Work.”

Since HB 56 passed last year, industry recruitment has not slowed down at all. Governor Bentley is constantly announcing successes of our state’s economic recruiting efforts. Just last week, CNN Money reported that Alabama is in the middle of a manufacturing boom and is enjoying the most industrial activity we have seen in this state since 2007. Companies from all over the world are establishing new companies and expanding existing ones in Alabama. Our immigration laws have not slowed that progress.

Myth 2:  HB 658 prevents Alabamians from being able to sue state officials who refuse to enforce Alabama’s immigration laws

Truth: Alabamians will be able to utilize the judicial system to force compliance with Alabama’s immigration laws from officials who refuse to enforce the law.

Sections 5 and 6 outline the procedure by which Alabama citizens can petition the local district attorney or the Attorney General of the State of Alabama to bring legal action in circuit court in an agency leader or official fails to comply with the law.

Myth 3: HB 658 makes it easier for illegal immigrants to secure housing in Alabama because the landlord language that appeared in the original bill has been removed.

Truth: It is true that language indicating that “renting is harboring” will be removed under HB 658 and this was a change that was necessitate by the actions of the courts.

By enjoining that language, the courts prohibited enforcement of all of Section 13 of HB 56. By removing that language, it is likely that the injunction will be lifted and the entire section will be able to be enforced. The spirit of the original clause, however, remains. Any landlord who conceals, harbors or shields an illegal immigrant from detection, even through renting or providing housing, will still be liable under Section 13 which specifically prohibits any action to conceal, harbor or shield an illegal immigrant.

Myth 4:  Alabama should not make any changes to our law until the United States Supreme Court rules on Arizona’s law.

Truth: While there are sections of HB 56 that are similar to sections of Arizona’s immigration law, most of Alabama’s immigration law will not be affected by the United States Supreme Court’s decision regarding Arizona’s legislation.

The truth is that HB 56 will actually result in the lifting of many of the injunctions that have been imposed on Alabama’s law, making them enforceable. Waiting around on Arizona simply results in an unnecessary delay in enforcement of Alabama’s immigration law.

Myth 5: HB 658 lets Alabama contractors off the hook when they knowingly hire illegal immigrants.

Truth: Nothing could be farther from the truth. In fact penalties are actually more harsh in HB 658 than they were in the original immigration bill.

Section 15 specifically indicates that every business including contractors, subcontractors, etc, are liable for any person they employ while knowing that person is not in this country lawfully.  HB 658 doesn’t give anyone a free pass but instead, makes the penalties much more strict. Furthermore, HB 658 authorizes the Department of Homeland Security to request proof of, and inspect, E-verify enrollment from any business.

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