ACLU of Alabama Tells Legislature Immigration Bill is Unconstitutional and Violates Federal Law

March 10, 2011

FOR IMMEDIATE RELEASE

MONTGOMERY, AL – The ACLU of Alabama today urged lawmakers to reject House Bill 56 and leave immigration policy to the federal government. An ACLU spokesperson told a crowd gathered at the Alabama Statehouse that HB56 is unconstitutional irresponsible legislation that will cost the State of Alabama and local governments across the state precious tax dollars to defend in court. HB56 specifically violates the Supremacy Clause of the U. S. Constitution and the First, Fourth and Fourteenth Amendments to the Constitution.

HB56 is, essentially, a reproduction of a law adopted in Arizona last year. The U. S. Justice Department has sued the State of Arizona and the ACLU and other civil rights groups sued Arizona’s District Attorneys and Sheriffs to stop the law from taking effect. On July 28, 2010 the federal court sided with the plaintiffs and blocked Arizona from enforcing key provisions of the new law pending a final court ruling on its constitutionality.

Specifically, Alabama’s House Bill 56 violates the U. S. Constitution by:

· Penalizing people for seeking work, which violates the First Amendment’s free speech protections.

· Creating new state crimes and penalties in an area of law the Constitution delegates to the federal government, thereby usurping the authority of the federal government which is a violation of the Constitution’s Supremacy Clause.

· Mandating that people be held until their citizenship status is verified, regardless of how long that will take, which violates the Fourth Amendment’s protection against unlawful and extended detention and

· Forcing law enforcement officers to rely on a person’s race, ethnicity, and language to comply with the requirement to investigate the immigration status of individuals suspected of being in the country unlawfully. This is racial profiling and a violation of the Fourteenth Amendment.

Governments which pass laws such as HB56 have consistently been challenged in court. In addition to the lawsuit against the District Attorneys and Sheriffs of Arizona, the ACLU has sued the cities of Hazelton, Pennsylvania, Valley Park, Missouri, Farmer’s Branch, TX, Escondido, CA, Riverside, New Jersey, and Fremont, Nebraska. The public treasure spent in defending these unconstitutional measures is staggering. For example, Arizona’s bill is $1 million and climbing and Hazelton, PA and Farmer’s Branch, TX incurred estimated bills of $2.9 million and $5.4 million respectively.

The ACLU of Alabama appeals to Alabama’s House of Representatives to reject House Bill 56 and preserve Alabama’s scarce public resources for state responsibilities such as improving the education system and keeping our communities safe.

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