A federal judge has ruled on many of the provisions of Alabama’s immigration law referred to as HB 56. The challenge to HB 56 by the Department of Justice, immigrant rights groups and civil rights groups was only partially successful. The challenge was based on arguments that the law interferes with federal immigration laws and places undue burdens on local schools and federal agencies.
The ruling allows Alabama to move forward with provisions that would:
- Make it a criminal misdemeanor to fail to carry immigration documentation
- Require law enforcement officers to determine the immigration status of anyone who they stop, detain or arrest if they suspect that the person is in the country illegally
- Require law enforcement to detain anyone who is arrested for driving without a license. Those detained would either be prosecuted for driving without a license or turned over to immigration authorities.
- Prevent Alabama courts from enforcing contracts made with unlawful immigrants
- Require public schools to determine the immigration status of students
- Make it a felony for an unlawful immigrant to enter into a contract with the state
The Alabama cannot move forward with the provision that would:
- Make it a misdemeanor for an unlawful immigrant to seek or perform work
- Make it unlawful to conceal, harbor, or transport an unlawful immigrant or to encourage an unlawful immigrant to come to the state
- Forbid an employer for claiming tax deductions from wages paid to unlawful immigrants
- Allow discrimination lawsuits against employers who dismiss United States citizens or legal immigrants while employing unlawful workers