Over the Wall
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Order Granting Preliminary Injunction
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CENTRAL ALABAMA FAIR ) HOUSING CENTER, et al., ) ) Plaintiffs, ) ) CIVIL ACTION NO. v. ) 2:11cv982-MHT ) (WO) JULIE MAGEE, in her ) official capacity as ) Alabama Revenue ) Commissioner, and ) JIMMY STUBBS, in his ) official capacity as ) Elmore County Probate ) Judge, ) ) Defendants. ) OPINION This lawsuit is a challenge to the application of § 30 of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (commonly referred to as “HB 56”), 2011 Ala. Laws 535, which, when combined with another Alabama statute, essentially prohibits individuals who cannot prove their citizenship status from staying in their manufactured homes. The plaintiffs are the Central Alabama Fair Housing Center, the Fair Housing Center of Northern Alabama, the Center for Fair Housing, Inc., and two individuals proceeding under pseudonym as John Doe #1 and John Doe #2. The defendants are Julie Magee, in her official capacity as Alabama Revenue Commissioner, and Jimmy Stubbs, in his official capacity as Elmore County Probate Judge. The plaintiffs claim, among other things, that this application of HB 56 violates the Supremacy Clause of the United States Constitution (as enforced through 42 U.S.C. § 1983) and the Fair Housing Act (“FHA”), 42 U.S.C. § 3604. The jurisdiction of the court has been invoked pursuant to 28 U.S.C. §§ 1331 and 1343. This as-applied challenge to HB 56 is now before the court on the plaintiffs’ motion for a preliminary injunction. As explained below, the motion will be granted. 2 I. BACKGROUND A. Passage of HB 56 In June 2011, the Alabama legislature passed a comprehensive and far-reaching state immigration law: HB 56. -
Fixing Alabama's Public School Enrollment Requirements in H.B. 56: Eliminating Obstacles to an Education for Unauthorized Immigrant Children
Brigham Young University Education and Law Journal Volume 2014 Number 2 Article 4 Summer 6-1-2014 Fixing Alabama's Public School Enrollment Requirements in H.B. 56: Eliminating Obstacles to an Education for Unauthorized Immigrant Children Sean Mussey Follow this and additional works at: https://digitalcommons.law.byu.edu/elj Part of the Education Commons, Education Law Commons, and the Immigration Law Commons Recommended Citation Sean Mussey, Fixing Alabama's Public School Enrollment Requirements in H.B. 56: Eliminating Obstacles to an Education for Unauthorized Immigrant Children, 2014 BYU Educ. & L.J. 233 (2014). Available at: https://digitalcommons.law.byu.edu/elj/vol2014/iss2/4 . This Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University Education and Law Journal by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. Mussey Macro.docx (Do Not Delete) 5/28/14 3:45 PM FIXING ALABAMA’S PUBLIC SCHOOL ENROLLMENT REQUIREMENTS IN H.B. 56: ELIMINATING OBSTACLES TO AN EDUCATION FOR UNAUTHORIZED IMMIGRANT CHILDREN Sean Mussey∗ I. INTRODUCTION In 2011, Alabama enacted a comprehensive immigration law primarily aimed at addressing unauthorized immigration in the state.1 The Beason-Hammon Alabama Taxpayer Citizen and Protection Act (H.B. 56) impacts many areas of an unauthorized immigrant’s life, including law enforcement, transportation, housing, employment, and children’s participation in public schools.2 -
Secure Communities: a Comprehensive Plan to Identify and Remove Criminal Aliens Strategic Plan
Secure Communities: A Comprehensive Plan to Identify and Remove Criminal Aliens Strategic Plan July 21, 2009 U.S. Immigration and Customs Enforcement ICEFOIA.10.131.000023 Message from the Assistant Secretary U.S. Immigration and Customs Enforcement (ICE) is committed to protecting national security and upholding public safety by targeting criminal networks and terrorist organizations that seek to exploit vulnerabilities in our immigration system, in our financial networks, along our border, at federal facilities and elsewhere in order to do harm to the United States. As a Department of Homeland Security (DHS) agency, ICE fully supports the Department’s goal of protecting our nation from dangerous people. Under Secretary Napolitano's guidance and leadership, ICE looks forward to leveraging the Secure Communities: A Comprehensive Plan to Identify and Remove Criminal Aliens (Secure Communities) program to enhance collaboration among U.S. law enforcement agencies to protect the people of the United States from criminal aliens that pose the greatest threat to our communities. The Secure Communities program is improving information sharing and promoting stronger partnerships between federal, state, tribal and local law enforcement agencies. By enhancing the exchange of information among law enforcement agencies and others, the Secure Communities program advances the ICE mission to enforce immigration and customs laws, protect federal buildings and other key assets, and provide law enforcement support in times of national emergency. John Morton Assistant Secretary U.S. Immigration and Customs Enforcement ICEFOIA.10.131.000024 Message from the Acting Director I am proud to present the ICE Secure Communities: A Comprehensive Plan to Identify and Remove Criminal Aliens (Secure Communities) updated Strategic Plan. -
Breaking Down the Thousand Petty Fortresses of State Self-Deportation Laws
Pace Law Review Volume 34 Issue 2 Spring 2014 Article 7 April 2014 The Right to Travel: Breaking Down the Thousand Petty Fortresses of State Self-Deportation Laws R. Linus Chan University of Minnesota Law School Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Constitutional Law Commons, Immigration Law Commons, and the State and Local Government Law Commons Recommended Citation R. Linus Chan, The Right to Travel: Breaking Down the Thousand Petty Fortresses of State Self- Deportation Laws, 34 Pace L. Rev. 814 (2014) Available at: https://digitalcommons.pace.edu/plr/vol34/iss2/7 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. The Right to Travel: Breaking Down the Thousand Petty Fortresses of State Self- Deportation Laws R. Linus Chan* Introduction The vanishing began Wednesday night, the most frightened families packing up their cars as soon as they heard the news. They left behind mobile homes, sold fully furnished for a thousand dollars or even less. Or they just closed up and, in a gesture of optimism, left the keys with a neighbor. Dogs were fed one last time; if no home could be found, they were simply unleashed. Two, [five], [ten] years of living here, and then gone in a matter of days, to Tennessee, Illinois, Oregon, Florida, Arkansas, Mexico—who knows? Anywhere but Alabama.1 This mass exodus from Albertville, Alabama was not the result of a natural disaster or fears of an invasion by hostile forces. -
The Secure Communities Program: Unanswered Questions and Continuing Concerns
IMMIGRATION POLICY CENTER SPECIAL REPORT AMERICAN IMMIGRATION COUNCIL THE SECURE COMMUNITIES PROGRAM: UNANSWERED QUESTIONS AND CONTINUING CONCERNS By Michele Waslin, Ph.D. (Updated) NOVEMBER 2011 THE SECURE COMMUNITIES PROGRAM: UNANSWERED QUESTIONS AND CONTINUING CONCERNS UPDATED NOVEMBER 2011 MICHELE WASLIN, PH.D. ABOUT SPECIAL REPORTS ON IMMIGRATION The Immigration Policy Center’s Special Reports are our most in‐depth publication, providing detailed analyses of special topics in U.S. immigration policy. ABOUT THE AUTHOR Michele Waslin, Ph.D., is the Senior Policy Analyst at the Immigration Policy Center. ABOUT THE IMMIGRATION POLICY CENTER The Immigration Policy Center, established in 2003, is the policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy in U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policymakers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion‐makers, and the media. IPC is a non‐partisan organization that neither supports nor opposes any political party or candidate for office. Visit our website at www.immigrationpolicy.org and our blog at www.immigrationimpact.com. EXECUTIVE SUMMARY What is Secure Communities? Secure Communities is a Department of Homeland Security (DHS) program designed to identify immigrants in U.S. jails who are deportable under immigration law. Under Secure Communities, participating jails submit arrestees’ fingerprints not only to criminal databases, but to immigration databases as well, allowing Immigration and Customs Enforcement (ICE) access to information on individuals held in jails. -
The Anti-Immigrant Game
Op-Ed The anti-immigrant game Laws such as Arizona's SB 1070 are not natural responses to undue hardship but are products of partisan politics. Opponents of SB 1070 raise their fists after unfurling an enormous banner from the beam of a 30-story high construction crane in downtown Phoenix, Arizona in 2010. If upheld, Arizona's SB 1070 would require local police in most circumstances to determine the immigration status of anyone they stop based only on a reasonable suspicion that the person is unlawfully in this country. (Los Angeles Times / April 23, 2012) By Pratheepan Gulasekaram and Karthick Ramakrishnan April 24, 2012 The Supreme Court hears oral arguments Wednesday on the constitutionality of Arizona's 2010 immigration enforcement law. If upheld, SB 1070 would require local police in most circumstances to determine the immigration status of anyone they stop based only on a reasonable suspicion that the person is unlawfully in this country. It would also compel residents to carry their immigration papers at all times and create state immigration crimes distinct from what is covered by federal law. A few other states, such as Alabama and Georgia, and some cities have passed similar laws, and many more may consider such laws if the Supreme Court finds Arizona's law to be constitutional. The primary legal debate in U.S. vs. Arizona will focus on the issue of whether a state government can engage in immigration enforcement without the explicit consent of the federal government. The state of Arizona will argue that its measure simply complements federal enforcement, while the federal government will argue that Arizona's law undermines national authority and that immigration enforcement is an exclusively federal responsibility. -
A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience Karen J
Marquette Law Review Volume 100 Article 8 Issue 2 Winter 2016 A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience Karen J. Pita Loor Boston University School of Law Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Immigration Law Commons Repository Citation Karen J. Pita Loor, A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience, 100 Marq. L. Rev. 565 (2016). Available at: http://scholarship.law.marquette.edu/mulr/vol100/iss2/8 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized editor of Marquette Law Scholarly Commons. For more information, please contact [email protected]. 38800-mqt_100-2 Sheet No. 140 Side A 02/22/2017 09:25:38 LOOR-P.DOCX (DO NOT DELETE) 2/16/17 12:32 PM A STUDY ON IMMIGRANT ACTIVISM, SECURE COMMUNITIES, AND RAWLSIAN CIVIL DISOBEDIENCE KAREN J. PITA LOOR ABSTRACT This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. -
State Versus Federal Government in the Regulation of Immigration: Examining the Constitutionality of Arizona and Alabama’S Immigration Laws
San Jose State University SJSU ScholarWorks Master's Projects Master's Theses and Graduate Research Spring 2012 State Versus Federal Government in the Regulation of Immigration: Examining the Constitutionality of Arizona and Alabama’s Immigration Laws Sadaf Siddiq San Jose State University Follow this and additional works at: https://scholarworks.sjsu.edu/etd_projects Part of the Public Administration Commons Recommended Citation Siddiq, Sadaf, "State Versus Federal Government in the Regulation of Immigration: Examining the Constitutionality of Arizona and Alabama’s Immigration Laws" (2012). Master's Projects. 220. DOI: https://doi.org/10.31979/etd.dkd2-qf4w https://scholarworks.sjsu.edu/etd_projects/220 This Master's Project is brought to you for free and open access by the Master's Theses and Graduate Research at SJSU ScholarWorks. It has been accepted for inclusion in Master's Projects by an authorized administrator of SJSU ScholarWorks. For more information, please contact [email protected]. Siddiq 1 State Versus Federal Government in the Regulation of Immigration: Examining the Constitutionality of Arizona and Alabama’s Immigration Laws San Jose State University Master’s of Public Administration Program By: Sadaf Siddiq Advisor: Professor Kenneth Nuger Siddiq 2 Introduction Immigration issues have caused great debate amongst community members. In particular lawmakers, politicians, interest groups, and civil rights activists have been vocal in voicing their concerns. It is estimated that there are currently ten to eleven million undocumented immigrants in the United States (Immigration Policy Center, 2010). Immigration issues arise from concerns regarding the insufficient number of visas that are available to bring both high and less skilled workers into the country legally to meet the changing needs of the country’s economy and labor market, separation of family members, wage and workplace violations, and lack of an efficient government infrastructure that delays the integration of immigrants who seek to become citizens (Immigration Policy Center, 2010). -
THE IMPACT of LEGISLATION HOUSE BILL 56 on IMMIGRATION LAWS and CONSTRUCTION in ALABAMA a Thesis by JOSE GARCIA Submitted to Th
THE IMPACT OF LEGISLATION HOUSE BILL 56 ON IMMIGRATION LAWS AND CONSTRUCTION IN ALABAMA A Thesis by JOSE GARCIA Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE Chair of Committee, David Bilbo Committee Members, Cecilia Giusti Edelmiro Escamilla Head of Department, Joe Horlen August 2013 Major Subject: Construction Management Copyright 2013 Jose Garcia ABSTRACT Historically the United States has welcomed immigration from all over the world; from Ellis Island to the Statue of Liberty, whose iconic “Mother of Exiles” is considered a symbol of hope to generations upon generations of immigrants. In the last few years there has been an increase in hostility towards immigration but more precisely towards unauthorized immigration. This has caused several states to enact anti- unauthorized immigration measures. States such as South Carolina, Utah, Alabama, have all followed Arizona, which was the first state to enact such a laws. Unauthorized immigrants typically vacate three labor areas, construction, food service, and agriculture. The following thesis tries to detail House Bill 56, which is Alabama’s anti-unauthorized immigration bill, and its impact on the construction industry in Alabama. House Bill 56 was passed by the Alabama House of Representatives, the following research shows that it has negatively affected the construction industry in Alabama. Alabama has three major indexes that detail the overall “health” of the construction industry. They are employment rates, Construction GDP, and Construction Spending. Since the passage of HB 56, all three construction indexes in Alabama have encountered significant negative changes. -
Mexican Immigrants Face Threats to Civil Rights and Increased Social Hostility
Mexican Immigrants Face Threats to Civil Rights and Increased Social Hostility 1 Mexican Immigrants Face Threats to Civil Rights and Increased Social Hostility David Scott FitzGerald Gustavo López Angela Y. McClean Center for Comparative Immigration Studies University of California, San Diego1 1 The authors thank Doreen Hsu for her research assistance and S. Deborah Kang for her suggestions. 2 Primera edición: 28 de febrero de 2019 DR © 2019 Comisión Nacional de los Derechos Humanos Periférico Sur 3469 Col. San Jerónimo Lídice Magdalena Contreras, Ciudad de México DR © 2019 University of California, San Diego Center for Comparative Immigration Studies 9500 Gilman Dr, La Jolla, San Diego, California ISBN en trámite 3 Contents INTRODUCTION ......................................................................................................................................................... 5 What are civil rights? ................................................................................................................................................ 6 Profile of Mexican immigrants in the United States ................................................................................................. 7 Unauthorized migration ............................................................................................................................................ 9 COMPREHENSIVE IMMIGRATION REFORM AND ITS FAILURES ................................................................. 10 Deadlock in the Bush administration ..................................................................................................................... -
Harvard Kennedy School Journal of Hispanic Policy a Harvard Kennedy School Student Publication
Harvard Kennedy School Journal of Hispanic Policy A Harvard Kennedy School Student Publication Volume 30 Staff Kristell Millán Editor-in-Chief Estivaliz Castro Senior Editor Alberto I. Rincon Executive Director Bryan Cortes Senior Editor Leticia Rojas Managing Editor, Print Jazmine Garcia Delgadillo Senior Amanda R. Matos Managing Editor, Editor Digital Daniel Gonzalez Senior Editor Camilo Caballero Director, Jessica Mitchell-McCollough Senior Communications Editor Rocio Tua Director, Alumni & Board Noah Toledo Senior Editor Relations Max Wynn Senior Editor Sara Agate Senior Editor Martha Foley Publisher Elizabeth Castro Senior Editor Richard Parker Faculty Advisor Recognition of Former Editors A special thank you to the former editors Alex Rodriguez, 1995–96 of the Harvard Kennedy School Journal of Irma Muñoz, 1996–97 Hispanic Policy, previously known as the Myrna Pérez, 1996–97 Harvard Journal of Hispanic Policy, whose Eraina Ortega, 1998–99 legacy continues to be a source of inspira- Nereyda Salinas, 1998–99 tion for Latina/o students Harvard-wide. Raúl Ruiz, 1999–2000 Maurilio León, 1999–2000 Henry A.J. Ramos, Founding Editor, Sandra M. Gallardo, 2000–01 1984–86 Luis S. Hernandez Jr., 2000–01 Marlene M. Morales, 1986–87 Karen Hakime Bhatia, 2001–02 Adolph P. Falcón, 1986–87 Héctor G. Bladuell, 2001–02 Kimura Flores, 1987–88 Jimmy Gomez, 2002–03 Luis J. Martinez, 1988–89 Elena Chávez, 2003–04 Genoveva L. Arellano, 1989–90 Adrian J. Rodríguez, 2004–05 David Moguel, 1989–90 Edgar A. Morales, 2005–06 Carlo E. Porcelli, 1990–91 Maria C. Alvarado, 2006–07 Laura F. Sainz, 1990–91 Tomás J. García, 2007–08 Diana Tisnado, 1991–92 Emerita F. -
Task Force on Secure Communities Findings and Recommendations
HOMELAND SECURITY ADVISORY COUNCIL TASK FORCE ON SECURE COMMUNITIES FINDINGS AND RECOMMENDATIONS SEPTEMBER 2011 1 Task Force on Secure Communities Chuck Wexler (Chair), Executive Director, Police Executive Research Forum Bo Cooper, Partner, Berry Appleman & Leiden L.L.P. Adrian Garcia, Sheriff, Harris County, Texas Douglas Gillespie, Sheriff, Las Vegas Metropolitan Police Department Robert Glaves, Executive Director, The Chicago Bar Foundation Benjamin Johnson, Executive Director, American Immigration Council Andrew Lauland, Homeland Security Advisor to Maryland Gov. Martin O’Malley Laura Lichter, Partner, Lichter & Associates, P.C. David A. Martin, Professor of Law, University of Virginia Charles Ramsey, Commissioner of Police, Philadelphia Lupe Valdez, Sheriff, Dallas County, Texas Roberto Villaseñor, Chief of Police, Tucson, Arizona Wendy Wayne, Director, Immigration Impact Unit, Committee for Public Counsel Services Sister Rosemary Welsh, Executive Director, Casa de Misericordia and Director, Mercy Ministries Outreach 2 Table of Contents Introduction ............................................................................................................................ 4 Findings and Recommendations………………………………………………………………...…..9 I. Misunderstandings Regarding the Secure Communities Program and the Role of Local Law Enforcement Agencies ..............................................................10 II. Perceived Inconsistencies Between Secure Communities’ Stated Goals and Outcomes ...16 III. Minor Traffic Offenses and Misdemeanors