Alabama 'Breaching International Law'

Alabama’s controversial immigration law HB56 breaches international law, says Human Rights Watch (HRW).

Several clauses of the law have led to discrimination, which is illegal under the US constitution and international conventions, HRW says.

Section 27 of the law says that “no court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the US.” In a report, HRW finds that this is leading to employers refusing to pay wages and has already been tested in court and found wanting.

Jefferson County Circuit Judge Scott Vowell declared last month the provision was null and void.

A car dealer had attempted to get a lawsuit tossed out that was filed last year by two men who said they were misled about the condition of cars they bought because the men were undocumented. His argument was that a sales agreement cited by the men was invalid because the new law prohibits contracts with undocumented immigrants.

Vowell said the Alabama constitution says the immigration law can’t stop contracts in force before the immigration law was passed, as well as that the entire contracts section of the immigration law may be unconstitutional, but he tossed the issue back to the legislature saying that “this Court does not have to consider that broader issue because this suit has been commenced before the (immigration) Act was passed.”

Alabamans may not realize that this section means that in order to hire a contractor to fix a roof, you will need to check that they’re a citizen or have the appropriate visa.

HRW’s report ‘No Way to Live’‘ recorded evidence of several cases of unauthorized immigrants who had wages withheld by employers and felt they were unable to take their grievance to court because of the new provision. The report also found that victims of crimes were afraid to report them to the authorities.

It records a case in which a criminal defense lawyer was confused about whether she was obliged to pass on the unauthorized status of her client.

The law prohibits “an officer of a court of this state” – a catch-all phrase that presumably includes lawyers as well as judges and court officers – from doing anything that would restrict the new legislation from being implemented. A judge advised that yes, the lawyer was obliged to inform on her client.

HRW say this is a breach of the 14th amendment of the US constitution which says that no state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” as well as international law.

Another aspect of the law which introduces discrimination is one which denies bail to all undocumented immigrants charged with an offense, no matter how minor in nature.

An employee at a major store, HRW says, told a permanent resident that she could not fill her prescription there because she is not a US citizen. A US citizen mother reported that her native-born US citizen daughter came home crying from school one day because her classmate had told her she had to go back to Mexico.

“The new law has given police and private citizens effective license to discriminate against unauthorized immigrants, as well as minority US citizens and permanent residents,” Human Rights Watch found.

Alabama has said it will review the law following reports of its impact on business including two high-profile arrests of executives of two car companies, amongst the state’s biggest employers, and other reports of businesses deciding to invest elsewhere. However, local Republicans are resisting any change to the law.

Courts have declared unconstitutional several sections of HB56.

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Read more: alabama, economy, human rights watch, immigration, law, republicans

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Past Member .

5:11PM PST on Jan 5, 2012

Noted.

send a green star

Eternal G.

5:03PM PST on Jan 5, 2012

Not surprised!

Bill R.

3:10PM PST on Dec 31, 2011

Nice comment Vince!! AMEN!!

Vince D.

7:35PM PST on Dec 29, 2011

Mexico needs regime change. And so do we!

10:06AM PST on Dec 29, 2011

Oh My, now we are blaming America for all of Mexicos Problems and Vivianne M what will happen when America goes bankrupt from all of the illegals comming into America. States like Alabama, Arizona, Oregon, Oklahoma and many others are going broke as they try to pay for the illegals not only taking jobs from America but sucking off the American welfare state.

If we want to help the Mexican individual, then we should be helping the government to develope its own industries, and business to compete not turn our backs on illegals entering the country just because we feel sorry for them.

Remember, when in a super Jet plane and the oxygen runs out you place the Oxygen mask on yourself first so that you can help the young helpless child survive. If you place it on the child first then you will both perish.

America can not help the world if it fails to survive and stopping the illegal traffic is only one part of the puzzle, but a necessary and important one to up hold our constitution which our Currrent President does not have any respect for at this time.

Bill Reese

Vivianne M.

1:15PM PST on Dec 25, 2011

Since our poorest payed jobs pay more then the jobs in Mexico...I can understand why people are coming to the US.

And do not forget there are people dying by the thousands in Mexico because of the US and it's drug war policy.

Since the repugs want to stop good paying jobs, medical, education, and the infrastructure programs; we also will turn out to be a 3rd world country with the ultra rich 'governing' the rest of us.

Get grasp on reality.....and vote...against republicans.

bob m.

3:49PM PST on Dec 19, 2011

AH ..thanks Michael C. I haven had a toasted "dump on the white guy" at PC Grill fo a couple hours..... nice.

7:51PM PST on Dec 18, 2011

People that disagree with the Alabama Law, will also disagree with the laws of 12 other states that have citizens fed up with our Federal Government no understanding the word
Illegal or at least its meaning. It is time to put Americans back to work, yes by telling
employers to use e-verify, and law enforcement to use e-verify, and schools to use
e-verify. It will not take long and the illegals will decide to go home and build a better country
for their families, and relatives. Then if they want to apply for entry into the USA as legals
more power to them.

Dominic C.

5:07PM PST on Dec 18, 2011

But even if they are against the norms of international law they are not obliged to follow it. The problem then will be difficult for US to propagate any human rights issues pertaining to immigration and countries that have draconian laws may always infer US themselves are not following and why should they? Double standards?

Jason S.

4:02PM PST on Dec 18, 2011

@Redgie H.:

I'm not putting my entire life story on this open forum, so I have responded to you privately.