Alabama’s Anti-immigrant Law Crushed

By: Daniel Nardini

Lawndale News Chicago's Bilingual Newspaper - Commentary In a landmark decision, the U.S. Supreme Court upheld lower federal court decisions that Alabama’s immigration law was unconstitutional. The law, known as HB (House Bill)56, required public schools to verify the immigration status of newly enrolled students and their parents, penalized day laborers for trying to solicit work, and criminalized those living in the state if they did not “register” their immigration status. The law also gave police wide sweeping powers to arrest and jail those they “suspected” of being undocumented. The decision is similar to the one on Arizona’s immigration law (the exception in the case of Arizona is that the U.S. Supreme Court ruled that police can arbitrarily check the immigration status of people they stop).

The main reason, of course, why the Supreme Court ruled against the State of Alabama was because the state was trying to usurp the powers delegated clearly in the U.S. Constitution to the federal government. No state has a right to take control of immigration. If this is law was left to stand, then all states can make their own immigration laws. This would mean that no two immigration laws are the same, and that it would create a confusing mess of legal precedents and total disunity in how the United States as a whole conducts immigration. On this basis alone, the law could not be allowed to stand.

This does not take into account the human tragedy that had been occurring when Alabama enacted its immigration law. Whole families were split apart, immigrant workers denied their pay because their employers called them “illegals,” and even U.S. citizens denied basic state services because they looked “Latino.” The law brought out the worst in human nature, and had this law been left to stand it would have had even greater consequences for those who call Alabama their home. The law has already damaged and destroyed lives. Since it has been ruled unconstitutional, it will do no more harm.

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