Alabama Immigration Law Signed By Governor Robert Bentley

[Derechos]

Source: Huffington Post

MONTGOMERY, Ala. — Alabama's governor on Thursday signed a tough new illegal immigration crackdown that contains provisions requiring public schools to determine students' immigration status and making it a crime to knowingly give an illegal immigrant a ride.

The bill also allows police to arrest anyone suspected of being an illegal immigrant if they're stopped for any other reason. Alabama employers also are now required to use a federal system called E-Verify to determine if new workers are in the country legally.

Gov. Robert Bentley said the law is the nation's toughest, and groups including the American Civil Liberties Union and the Montgomery-based Southern Poverty Law Center agree. The groups say they plan to challenge it.

The legal director for the Southern Poverty Law Center, Mary Bauer, said Thursday that she expects a lawsuit to be filed before the provisions of law are scheduled to take effect on Sept. 1.



Read more: http://www.huffingtonpost.com/2011/06/09/alabama-immigration-law-s_n_873868.html

[barbtries]

1. i don't think that can pass

the constitutionality test. illegal to give an illegal a RIDE?!

we just keep getting meaner and meaner and i see no end to it. it's very distressing to me.

[hakko936]

2. Illegal to give an illegal a ride????

Seriously? How am I supposed to know? Would that be true for public transportation? What about a taxi, Greyhound, or an airline?

I don't have a problem with any law that requires a photo ID to vote or that requires employers to use the e-Verify system.

[shoeless]

8. It's easy

They aren't talking about all people who are in Alabama illegally. If you give a ride to an illegal immigrant from, say England, they aren't going to mess with you. But, if you want to give a ride to a person with brown skin, you better ask to see their papers first.

[Indydem]

3. If you help a criminal, you are aiding and abetting.

An illegal immigrant is a person who is here illegally and is breaking the law.

You are aiding and abetting that criminal.

[benlurkin]

5. Careful....

They are "undocumented immigrants" that are here illegally.

[barbtries]

7. really.

i think intent may come in to that. what if the person here illegally is injured in an accident? will the paramedics be prosecuted.

[shoeless]

9. The paramedics will be prosecuted...

...only if they give the accident victim a ride to the hospital.

[devils chaplain]

10. I guess the police or ICE cant drive them off either?

Hopefully they at least had the foresight to make exceptions.

I really don't like the on-the-street harassment. E-Verify and very heavy fines against businesses breaking the law are the way to go, but greedy businesses after cheap labor carry much more clout than the people on the street.

[Starbucks Anarchist]

11. How do you know they're here illegally?

What if it's a legal immigrant with an accent?

[Indydem]

14. Then it's not a crime is it?

The idea is to get illegal immigrants to move out of the state. I doubt anyone will actually be punished under this law except employers in flagrant violation.

[Starbucks Anarchist]

15. But the driver doesn't know their status.

And it feeds into racial profiling.

[shoeless]

20. Buy them bus tickets.

I sure they will be happy to leave Alabama for another state.

[boppers]

24. The bus can't take them.

It's illegal to give them a ride.

[Name removed]

26. Deleted message

Message removed by moderator. Click here to review the message board rules.

[COLGATE4]

16. If you're going to try and argue a legal point, first find out what the

law is. A person who violates Immigration laws commits a CIVIL, not CRIMINAL violation. Since there is no legal violation, a person aiding or abetting that person likewise has no criminal liability. Period.

[RantinRavin]

18. It is a criminal matter

Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.

[COLGATE4]

22. Nope. You pay a fine for a civil offense, just as you or I do for

a traffic infraction. It's not criminal. (And, by the way, when you cite a statue it's always required to identify it ny name number).

[RantinRavin]

23. US Code Title 8, Section 1325

I guess you missed the part about jail time. Didn't know we threw people in jail for a simple civil matter.

[COLGATE4]

27. We don't.

(b) Improper time or place; civil penalties

Any alien who is apprehended while entering (or attempting to enter)
the United States at a time or place other than as designated by
immigration officers shall be subject to a civil penalty of--
(1) at least $50 and not more than $250 for each such entry (or
attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of
an alien who has been previously subject to a civil penalty under
this subsection.

[st8grad93]

30. Why did you leave this part of the statute out ?

(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts

Any alien who

(1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or

(2) eludes examination or inspection by immigration
officers, or

(3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, shall,

for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and,

for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.

So yes, the statute does allow for imprisonment for either entering , or attempting to enter, the United States illegally. Again, why did you leave this section out ? Did you think dnobody would look and would just take your word that there were no criminal penalties ?

[struggle4progress]

21. Then why doesn't Alabama make it illegal to give a ride to anybody who's committed a crime?

Think a person has driven drunk or smoked pot or cheated on their taxes? -- then it's illegal to let them into your car

That's not what Alabama is doing here

[primavera]

25. Wrong on both counts

Aiding and abetting only applies if you knowingly assist someone committing a crime. If someone who, unbeknownst to you, is a criminal, makes an innocent request of you and you guilelessly grant the request, that is not aiding and abetting.

Secondly, the person you describe as an illegal immigrant may not be a criminal. Many people who are in the US without current immigration status are people who entered the US lawfully and remained after their status expired. That is a violation of civil law, but it is not a criminal offense as it lacks the volitional mens rea to commit a crime that is necessary in every criminal charge. Moreover, from the point of view of practical expedience, if we were to consider unlawful presence to be a crime, then every person thus charged would be entitled to a timely trial by jury and cost-free legal representation if they could not afford to hire their own attorney. As a civil violation, government officials are free to deport persons without trial.

[n2doc]

4. Bors toon

[shoeless]

6. What are they worried about?

Nobody wants to immigrate to Alabama.

[alp227]

12. Doubt it, as a Gulf Coast state there is potential for immigration from the Caribbean nations n/t

[alp227]

13. I'm against illegal immigration, but this police statism is just too much. Really.

BTW, Plyler v. Doe (Supreme Court, 1982) bans public schools from checking students' immigration status.

[COLGATE4]

17. Alabama's reply: "Supreme Court? We don't need no stinkin' Supreme Court"!

[alp227]

19. they should secede then if they wish n/t

[COLGATE4]

28. They already think they have!

[sofa king]

29. Wanna see tough? Start busting the EMPLOYERS.

http://legallyeasy.rocketlawyer.com/illegal-immigration-law-enforcement-hits-businesses-92033

[dogfacedboy]

31. Bust the employers. 5 years minimum PER incident. No early release.