Alabama's new bill, HB 56, went into effect recently, and it's already having a negative impact on our communities. Let's ignore, for a moment, the philosophical and ideological underpinnings of immigration--whether it's right or wrong, good or bad--and look solely at the bill itself. Alabama introduced the bill because legislators did not believe the federal government was enforcing immigration law well enough, so we took it into our own hands.
Let's go over a few myths about immigration that make this bill seem necessary. First, it is not a crime to enter into the United States illegally--it's a civil offense very similar to a traffic ticket. It is now, however, a Class C misdemeanor to enter Alabama illegally. Secondly, many undocumented workers do pay income taxes, Medicare and Social Security using fraudulent Social Security cards. The American Immigration Council argues that undocumented workers pay an estimated $130 million in state and local taxes. The difference is that undocumented workers can't file to receive income tax returns or Social Security benefits, even though many would probably be eligible, and that money is simply absorbed into the system.
Let me state clearly: our immigration system is broken. Work and education visas can be difficult to obtain or renew, creating obstacles to legal residency. Our borders are unsecure, presenting a great threat to national security. But here's a little secret: HB 56 cannot secure Alabama's border with Mexico--because there isn't one.
HB 56 has unique stipulations and loopholes that don't provide universal enforcement. It creates provisions that allow corporations to put a legal distance between themselves and their workers, taking the responsibility for verification out of their hands. It also distinctly excludes household laborers. By manipulating the definition of "employer," HB-56 allows for some businesses and individuals to have an advantage over the law and over small businesses.
Secondly, HB 56 is already having a tremendous impact on education and agriculture in Alabama. The bill requires that schools verify immigration statuses, even though the Supreme Court upheld (Plyler v. Doe) that every child has the right to an education regardless of status. The law says that the information will only be used for data collection, but sets no restrictions on its use or privacy. Many of these children were born in America anyway, and are therefore American citizens. Some might call them anchor babies. I call it the 14th Amendment.
While the impacts on education may not be visible for years, our agriculture industry is suffering the impact sooner rather than later. After a similar bill was passed in Georgia, the loss of migrant workers caused an estimated $140 million in lost agriculture, says the Georgia Fruit and Vegetable Growers' Association. Tomatoes are already rotting on the vines around Alabama because there aren't enough workers to pick them--and we're still at 9.9% unemployment for legal workers. As per basic economic principles, the decrease in supply will drive up the cost of food, making your cost of living increase.
Lastly, this law has a tremendous inconvenience on American citizens. Simply enforcing the law is a tremendous inconvenience and risks violation of our Fourth Amendment rights. Many people have already seen a tremendous effect by way of six-hour long "Beason lines" at courthouses. To renew a car tag, a process usually completed online, you now must go to the courthouse, bringing with you proof of citizenship and the proof of citizenship for anyone else whose name is attached to the vehicle. So if your car is registered back home, you'll have to make a trip to renew your tag.
Also, the bill creates a unique situation regarding citizens' relationship with law enforcement. During a routine traffic stop, an officer actually now has the ability to "reasonably suspect" illegal status, even if he is provided with a driver's license. He can use this "reasonable suspicion" to detain you for 24 hours until the federal government verifies your immigration status. This also leads way to racial profiling--any of us could be an illegal immigrant from somewhere, especially since the United States has the longest unsecured border in the world. So what then constitutes reasonable suspicion? Regardless of ethnic status, culture or anything else, if you're a citizen, you have the same rights as everyone else. So how do you protect the rights of those more likely to be suspected of being illegal?
Yes, the system is broken. But the solution lies in comprehensive reform, not retroactive enforcement. Presidents like Reagan and George W. Bush paved the way for offering amnesty to undocumented residents--let's take a page from their books. In the spirit of Columbus Day, let's embrace our own heritage as immigrants and advocate for reform of our procedures for visas and obtaining legal status so that everyone can have a chance at reaching the American Dream.
Beth Clayton
president, College Democrats
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