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Civil Rights Coalition Files Lawsuit to Block Alabama from "Black Listing" Immigrants ^

Posted on 02/08/2013 9:30:21 AM PST by ExxonPatrolUs

Case Is Latest Example of State Attempting to Target and Drive Out Immigrants

February 7, 2013


MONTGOMERY, Ala. — A coalition of civil rights organizations filed a lawsuit today to block a portion of Alabama's anti-immigrant law requiring state officials to publicly post an online list of immigrants who may be undocumented.

The lawsuit was filed in federal district court on behalf of four Latino immigrants in Montgomery County who were arrested for allegedly fishing without a license – a misdemeanor offense. The law does not give immigrants any way to dispute their inclusion in the database.

Justin Cox, staff attorney with the ACLU Immigrants' Rights Project, pointed out that the "black list" — which has also been called the "scarlet letter" provision —was controversial when it was pushed through by one Alabama legislator. "Sen. Scott Beason should never have been allowed to hijack the state legislature with his anti-immigrant agenda. This law violates privacy laws and basic constitutional rights, as well as conflicts with fundamental American values of fairness and equality. Instead of moving forward with a mean-spirited law that is doomed to fail, Alabama should join the rest of the country and focus on common-sense reforms that benefit citizens and immigrants alike."

Kristi Graunke, staff attorney with the Southern Poverty Law Center, said: "This part of Alabama's anti-immigrant law represents an unfortunate effort to bully and intimidate immigrants into leaving Alabama. It is designed to permanently brand, humiliate and otherwise make life difficult for immigrants regardless of status. It conflicts with federal privacy requirements and burdens the already cash-strapped state court system. Sadly, laws like this show that Alabama has yet to turn away from the devastation its anti-immigrant laws have caused."

Nora Preciado, staff attorney with the National Immigration Law Center, said: "While the rest of the country focuses on how best to make Americans at heart become Americans on paper, Alabama continues to tread down a discriminatory, anti-immigrant path. This lawsuit proves once again that Alabama's policies aren't just unconstitutional, but also out of touch with the political mainstream."

The latest attack on immigrants in Alabama is part of HB 658, a package of revisions to the state's notorious anti-immigrant law, HB 56. HB 658 effectively doubled-down on the draconian nature of the original law, enacted in 2011. Section 5 of HB 658 requires the state to compile and post on a public website the names and other information clearly identifying certain immigrants when they are detained on any state charge, no matter how minor, and appear in state court. The plaintiffs in this case and even those charged with minor traffic violations would fall within this requirement and be unconstitutionally added to the "black list."

Section 5 requires the posting of private information that the federal government has declared confidential and not subject to public disclosure. Moreover, once a person is named on the list, the law provides no means to remove their name or change their information if the listing is inaccurate, the person obtains permission to live in the United States, or even becomes a citizen.

The Alabama Administrative Office of Courts is charged with compiling the list. All individuals falling into a new and vague category of immigration status created by the law are added to the list, even if their cases are later dismissed. The law also provides no notice to people that their names and information will be listed online.

The U.S. Court of Appeals for the 11 th Circuit has already blocked key provisions of Alabama's original law — the most extreme in the nation — after finding that it conflicted with federal immigration law. The revision mandating the "black list" also violates federal law, and encourages discrimination by targeting immigrants.

For a copy of the complaint:

For more information about Alabama's original anti-immigrant law:

Published on American Civil Liberties Union

TOPICS: Chit/Chat
KEYWORDS: aclu; aliens; blacklistillegals; illegals

1 posted on 02/08/2013 9:30:26 AM PST by ExxonPatrolUs
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To: ExxonPatrolUs

Especially hypocritical in the realization that Democrats are full-tilt in the tank for publishing lists of “Gun License Owners”......As far as I’m concerned, if you are an illegal invading alien, you have no rights here whatsoever, even those accorded by the Constitution.

2 posted on 02/08/2013 9:34:33 AM PST by Gaffer
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To: ExxonPatrolUs

Illegal aliens are NOT “immigrants”. They are invaders.

3 posted on 02/08/2013 9:34:54 AM PST by FlingWingFlyer (Now Playing. Obama II - The Revenge of My Father.)
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To: ExxonPatrolUs

When are we going to make the obvious move to extend voting rights, public benefits, and Constitutional rights to everybody present on earth. Why should we limit these things to non-citizens who happen to by physically present on U.S. soil?

4 posted on 02/08/2013 9:38:33 AM PST by mbarker12474 (If thine enemy offend thee, give his childe a drum.)
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To: ExxonPatrolUs

The lawsuit isn’t really about immigrants. Rather, they seek to assist tourists without visas or money, They hope to extend their stay at the expense of Alabama taxpayers.

5 posted on 02/08/2013 9:39:06 AM PST by muawiyah
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To: FlingWingFlyer

First, they are felons under federal law.

Since they are not citizens, they do not have any protections under the Constitution other than those provided under natural law.

6 posted on 02/08/2013 9:41:22 AM PST by Cletus.D.Yokel (*Catastrophic Anthropogenic Climate Alteration: The acronym explains the science.)
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To: FlingWingFlyer


7 posted on 02/08/2013 10:14:58 AM PST by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: Gaffer

Why have we Americans chosen to be held hostage by a group of people that show no signs of ever complying with the law? Are we to let Illegal immigrants to write our immigration law?

8 posted on 02/08/2013 10:59:52 AM PST by Accessible Pudding
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To: Accessible Pudding

I believe that every so-called civil rights group is getting some of their money from us the tax payers. They need to be investigated and laws need to be passed that no tax payer money can be used against the interests of the citizens of the United States. This includes tax exempt foundations are well since the money they give has to be made from the the tax base.

9 posted on 02/08/2013 5:21:40 PM PST by cradle of freedom (Long live the Republic !)
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To: cradle of freedom

private organizations should not be getting taxfunds

10 posted on 02/08/2013 5:26:04 PM PST by GeronL (
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