Arizona Begets Immigration Laws in Alabama, Other States

It wasn’t all that long ago when all eyes turned to Arizona and its strict immigration law, commonly known as SB 1070.

While the spotlight on Arizona hasn’t completely dimmed, there are now a few more states vying for attention. On August 2, for example, the Justice Department filed a court challenge to Alabama’s new anti-illegal immigration law, known as HB 56, arguing that state and local governments are not authorized to make immigration policy.

More on Alabama’s HB 56

Like Arizona’s SB 1070, the new Alabama law requires police to attempt to determine the residency status of suspected illegal immigrants. It also makes it a criminal offense to work or solicit work, and for anyone to transport or house illegal immigrants. The bill also requires public schools to confirm students’ legal residency status and employers to use E-Verify for all new employees.

Civil rights groups brought a separate lawsuit challenging the law a month ago, arguing that it authorizes detention and harassment of legal visitors, immigrants and citizens who do not constantly carry identification documents as required by the statute.

More on Arizona’s SB 1070

Last year, the Justice Department challenged Arizona’s SB 1070 on the same basis. Although parts of the Arizona law are temporarily blocked from implementation, the case is still pending in federal court. Recently, however, Arizona Gov. Jan Brewer announced that she would file an appeal directly with the Supreme Court after a three-judge panel in the 9^th Circuit Court of Appeals refused to reverse the lower court’s decision.

Is Alabama’s immigration law different from Arizona’s?

The Alabama bill has been described as the strictest yet. The provision requiring police to detain someone suspected of being illegally present in the US if he or she does not have identification was blocked by federal courts in Arizona. Alabama’s bill goes further than Arizona’s, however, because it introduces new rules for teachers, landlords and businesses.

Other State Immigration Laws

Since Arizona’s SB 1070 was passed a year ago, five states — Alabama, Georgia, Indiana, South Carolina and Utah — have passed similar laws.

In May, Georgia introduced a bill allowing police to detain suspected undocumented immigrants and criminalizing the transportation or housing of undocumented immigrants. A federal judge has blocked both of these provisions, on the basis that they usurp federal immigration power.

Key parts of Indiana’s new immigration law have also been blocked in federal court for infringing on federal authority. In both states’ laws, however, E-Verify provisions, requiring employers to check eligibility of prospective employees, were upheld.

In Utah, a federal judge blocked provisions of a state immigration law less than 24 hours after it went into effect. The blocked provision mirrors those of Arizona, Georgia and Indiana — requiring police to check the immigration status of anyone stopped.

A similar law in South Carolina will likely follow suit, as the American Civil Liberties Union announced it will lead a court challenge in the near future.

So while Arizona got a head start, Alabama and other states have looked to follow in its footsteps regarding immigration laws.