Alabama Governor Sends Harsh Anti-Immigrant Law Back to Drawing Board

bentley.jpgThe bill wasn't signed nor vetoed, rather Governor Robert Bentley summoned a special legislative session for "clarifications." It's unclear whether this move is beneficial to immigrants as Bentley has a stated that people in Alabama should be there "legally."

(flickr: AlabamaEMA)

via CNN


Alabama's governor on Thursday called in lawmakers for a special session in part to further explore changes to the state's anti-illegal immigration law, considered the country's toughest.

The day before, lawmakers had passed a bill, HB 658, which proposed changes to the state immigration law, which is currently being challenged in federal court.

Rather than sign it into law or veto it, Gov. Robert Bentley summoned lawmakers to take up the bill one more time.

Supporters of HB 658 said the changes would make the law better, but critics quickly pounced on it, saying it would make it even worse.

The new bill addresses unintended consequences of the state's immigration law, including clarifying the types of documents that can serve as a form of official identification, but does not address parts of the law that are at issue in federal courts.

Bentley wants to "have an opportunity to further clarify the law," a news release from his office said.

As passed by the state House and Senate, HB 658 appears to be an attempt to mollify some of the bill's critics.

But it fell short, said Justin Cox of the ACLU's Immigrant Rights Project.

Religious leaders complained that their missionary work could be criminalized if the recipients of their aid were undocumented immigrants, and one version of the new bill included an exception for this. But the final bill barely had anything resembling an exception, Cox said.

"I think it was just window dressing," he said.

The new bill also eased the most strict measures against subcontractors who unknowingly hire illegal immigrants.

Critics, including the American Civil Liberties Union, said the biggest problem of the new bill was the requirement that the Alabama Department of Homeland Security post online the names of illegal immigrants that appear in state courts.

The ACLU criticized the new bill for not tackling any of the most contentious parts of the law whose constitutionality is being challenged.

Bentley's call for further discussion on the law cites his desire to see some of the controversial parts of the law modified.

One portion of the law that is currently enjoined calls for schools to collect information on the immigration status of their students.

"Governor Bentley believes that revising this section to prevent children from being interrogated would allow the injunction to be lifted, making the law more effective," the statement said.

The governor also cautioned against the provision requiring the online posting of court records of undocumented immigrants, something critics have called the "Scarlet Letter provision."

"Such a list could be counterproductive and take away from the focus of the original law," the governor's new release said. "The purpose of this particular section of the law is to gather data and statistics, not names."

"The essence of the law must remain the same, and that is if you live or work in Alabama, you must do so legally," Bentley said. "We must make sure that final revisions to the immigration law make the law more effective, help promote economic growth, ensure fairness, and provide greater clarity on the application of the law. I believe these additional revisions will help us as we accomplish those goals. A more effective, enforceable bill is a stronger bill."

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