Experts say Alabama law goes further than any other immigration legislation in the developed world
Immigration and human rights experts say that no other developed country has passed an immigration law as stringent as Alabama’s.
Although pieces of the law have been blocked by federal courts, some sections have gone into effect, including a provision that bans courts from enforcing contracts made with unauthorized immigrants. While some states have banned public agencies from making contracts with unauthorized immigrants, no state or developed country has prohibited courts from enforcing any contract with the undocumented, say experts in immigration and human rights.
“We don’t know of a similar parallel, either internationally or elsewhere in the United States, where contracts with unauthorized immigrants are deemed unenforceable,” says Michelle Mittelstadt, communications director for the Migration Policy Institute.
“The bottom line is that Alabama’s law is a complete outlier,” says Alison Parker, director of Human Rights Watch’s U.S. program. “The only country where we are aware of something that comes close to what Alabama has done” is Italy, she said, pointing to a law that makes it illegal to rent to to unauthorized immigrants. “What they are doing in the state of Alabama runs in the face of human rights law.”
European countries have traditionally been viewed as less welcoming of immigrants than the United States, which for much of its history allowed migrant workers to cross the borders with Mexico and Canada without clearance from a government agency. Parker’s colleague Benjamin Ward, deputy director of Human Rights Watch’s European program, called Alabama’s law “unbelievable and horrific.”
Throughout the twentieth century, border security efforts have steadily increased, and repeated attempts have been made to bring formerly unlimited quantities of new immigrants down to what’s considered by policymakers to be a manageable level.
But Parker says there’s an important distinction between controlling immigration at the border and stripping rights from immigrants already in the country.
“Everyone has the right to a family life, to a roof over one’s head, to compensation for work,” says Parker. “Once people are here, there are certain fundamental rights protected by human rights law.” European governments have tended to adhere to that standard.
Mittelstadt points out that immigrants in Europe tend to be registered with the government, which means that the contract rights of immigrants aren’t likely to be subject to Alabama-style laws: “In Europe, where national ID cards and registration programs for foreigners prevail, employers and others would not be likely to enter into contracts with unauthorized immigrants.”
At this point it’s unclear how the Alabama immigration law will be interpreted by the federal courts, including the U.S. Supreme Court, which is likely to step in now that the appellate courts have issued different decisions on state-level “enforcement only” laws (the Ninth Circuit upheld a decision to block Arizona’s immigration law from going into effect earlier this year).
The ban on contracts is especially murky, and there are few precedents that experts can point towards to predict its viability in the courts. The most relevant precedent could be a 2002 Supreme Court case, Hoffman Plastic v. NLRB, in which the court ruled that unauthorized immigrants aren’t entitled to back pay under the National Labor Relations Act. But the Court did establish that unauthorized immigrants were “employees” under the Act and had the right to organize.
However, it may be Alabama’s own state constitution that determines the fate of the contract ban.
As ThinkProgress reported, an Alabama state judge indicated in a decision earlier this week that the contract ban appears to violate Section 95 of Alabama’s own constitution, which states:
There can be no law of this state impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this state. After suit has been commenced on any cause of action, the legislature shall have no power to take away such cause of action, or destroy any existing defense to such suit.
In an opinion on a breach of contract lawsuit filed by an undocumented immigrant, Alabama Circuit Judge Scott Vowell wrote, “It may well be that that [the Alabama immigration law] also violates this section of the constitution” by “impairing the obligation of contracts.”
But since the case in question was filed before the immigration law went into effect, the judge didn’t outright rule the section unconstitutional, merely that the law could not take away an immigrant’s “cause of action” or “existing defense” after his or her case has already been filed.
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Its radical, and thanks to these laws Alabama and Georgia aren’t going to be harvesting crops this year.
@ krissy And we consumers will be paying the price for what Alabama and Georgia’s actions because we will have higher prices for produce. In Washington (state), the apple growers can’t get enough people to pick the apples. They are paying $150.00 a day and still don’t have enough people. If the apples go bad we will be paying more for apples. So they have screwed consumers with their laws.
The devil and hitler must be happy
I am sorry that the other commenters do not understand immigration! No nation, including “ROME” ever stood up to open immigration! The American Property Owner can not keep footing the bills for a liberal society, that puts illegals before real American citizens! This also includes immigration, public workers pensions, and a volunteer Army. This nation must not allow any undocumented workers in the nation and all children born with out an American citizen parent, can no longer be citizens. It may seem cold but you commenters are either teachers, students, or public workers, to not understand private money. In the 1955 era, President Eisenhower called out a full “ARMY” of 166,000 men to weed out all illegal immigrants. They had orders to shoot to kill, under “posee Comitatus”! The Military action, of all draftee’s, started at the Eastern corner of Texas and marched straight across Texas and arched downward to the Pacific Ocean. General President Eisenhower said that Mexicans may apply for legal citizenship under the Quota system, just like Germans, Irish, French, and any other nationality! He was not being cruel, he was being American! He just defeated Hitler, 10 years earlier, in World War 2! The United States Taxpayer can not afford these free immigrants in our schools, or our hospitals at all. It should never haver gotten this bad. A series of week leaders, including George Bush (Both) and Obama, have garroted our people! The Farms can and should be harvested by ‘Convict Labor” on a volenteer basis, in each state, with the farmer paying the salaries and any overtime of any needed guards. The use of Convict Guards may be used if you all understood the Penal System! The men and women want to get outside, and they want to work. They can not stand lock downs or constant prison life. We have 2 million convicts ready and willing to work on the farms! They get paid only $2.75 an hour, plus good time for release. Illegal Immigration is killing this nation the same as a non Draft Army is breaking us financially. We can not give a 40 year old persopn a lifetime pension for working a lousey 20 years! These people got paid, and they are not serving, they are federal paid employees! It is time for sophisticated, kind, but strong men and women to take over! The Immigrants can come legally under our old system ONLY! You all must grow up. We can no longer, and never should have allowed NAFTA, or any other treaty that suborned our borders. The Immigration Service must have shoot to kill orders for America to survive! The Borders also must have a series of Army personel, who are just laying about different bases anyway, out in platoon situations! They must also cook and feed themselves, with no more contractors! They must live in tents, in base style field compounds, along the Mexican Border. They can use some of the thousands of HUMVE’s that the taxpayer has been suckered into buying. We have the equipment laying around the various National Guard Armories, in this nation! The Draft must be brought back immediately. No more Militarypensions, unless they stay until age 59 and are at least a full master sargent. The pensions must be only 33% of total service pay, minus any combat pay, also! Wake up Independent Readers! Thank You!
[...] According to immigration and human rights experts, Alabama’s immigration law is the most stringent and extreme in the developed world. [...]
[...] According to immigration and human rights experts, Alabama’s immigration law is the most stringent and extreme in the developed world. [...]