Latest news with #AlabamaCoalitionforImmigrantJustice
Yahoo
3 days ago
- General
- Yahoo
Lawrence, Limestone sheriffs seek authority to enforce federal immigration laws
May 31—The sheriff's offices in Lawrence and Limestone counties applied this month to U.S. Immigration and Customs Enforcement to have the power to make arrests for suspected violations of federal immigration laws, a step that some fear will lead immigrants to stop reporting crime. "It basically means immigrant community members are at risk any time they want to report a crime, ask for help, or call 911," said Allison Hamilton, executive director of the Alabama Coalition for Immigrant Justice. "They are very unlikely to do so because of the risk that law enforcement would then target them for their immigration status." Lawrence County Chief Deputy Brian Covington said Thursday his department is awaiting guidance from ICE officials on how to proceed with what ICE refers to as the task force model, which authorizes deputies to enforce federal immigration laws. The task force model is one of three levels of authority under the 287(g) program — named after a section of the Immigration and Nationality Act — implemented in 1996 to allow local and state law enforcement to help identify and remove undocumented immigrants from the U.S. The other models are the jail enforcement model, which allows corrections officers to begin immigration proceedings for people already in their custody, and the warrant service officer model, which allows deputies to execute civil immigration warrants. Both the Limestone and Lawrence sheriff's offices joined the warrant service officer program this month, and Lawrence also obtained authority under the jail enforcement model. Hoss Mack, executive director of the Alabama Sheriffs Association, said the 287(g) program's jail enforcement model has been used in some parts of Alabama for at least 14 years. He said there are eight sheriff's offices in Alabama that have applied for the program so far this year. "It gave authority for a county jailer to be trained to ask specific questions to determine if someone might be in the country illegally, and then refer that to an ICE officer," Mack said. Mack became the association's executive director Sept. 1 after retiring from a 39-year law enforcement career that included 17 years as Baldwin County sheriff. The task force model was discontinued by ICE during the Obama administration after several controversial arrests, particularly by then-Sheriff Joe Arpaio in Maricopa County, Arizona, and findings by the Justice Department that local law enforcement were engaged in racial profiling. ICE resurrected the task force model this year. Covington said undocumented immigrants rarely commit crimes in Lawrence County, but his department requested the task force authority to increase participation in law enforcement partnerships. "We're in the Alabama Law Enforcement Agency narcotics task force and have three deputies assigned to it," Covington said. "This would expand our capabilities in areas like human trafficking, gang activity and drug smuggling. We're not planning to put task force officers on the street to seek out undocumented immigrants." He emphasized that deputies are not actively patrolling for immigration violations. "Our deputies just go from call to call," he said. The Limestone County Sheriff's Office did not respond to requests for comment and the Morgan County Sheriff's Office said it is not requesting authority to act as an ICE task force at this time. "The Morgan County Jail already notifies ICE about anyone whose immigration status is in question when they get to jail," said Sheriff's Office spokesman Mike Swafford. "Additionally, we recently executed a funding (memorandum of understanding) with ICE, but that pertains to narcotics related investigation and allows for reimbursement for time spent on those cases." — Task force authority Unlike the jail enforcement model, the task force model allows officers to enforce federal immigration laws during routine policing — with ICE oversight — including making arrests without a warrant in some cases. ICE refers to it as a "force multiplier." Under the program, trained officers have the power: —To interrogate any person believed to be an undocumented immigrant as to their right to be in the United States and to process for immigration violations those who have been arrested for state or federal criminal offenses. —To arrest without a warrant any undocumented immigrant if the officer has reason to believe the person is in the United States in violation of a law and is likely to escape before a warrant can be obtained. —To arrest without warrant if felonies have been committed which are cognizable under any law regulating the removal of undocumented immigrants, if the officer has reason to believe the immigrant is in violation of law and is likely to escape before a warrant can be obtained. Although the model allows arrests without warrants, Mack stressed that probable cause is still required. "Just saying I see someone walking down the street and he has got a different skin color or different hair color, that is not enough," Mack said. "You have to have a reason. If a law enforcement officer makes contact with them and they have no identification, that would be probable cause. If they go to an employer, and they try to get a job and they present false documentation, that's probable cause. If they try to file for certain benefits and are unable to produce (identification), that's probable cause." Mack also cited "cluster living," or multiple individuals residing in one home, as another indicator that could trigger an immigration status check. Before the task force model was adopted, patrol officers were barred from questioning people about their immigration status or country of origin, Mack said. "I go all the way back to when ICE was U.S. Customs," Mack said. "As a state officer, you could not enforce any federal law unless there was a designation. So, what 287(g) does is it gives the state officer the official designation to do that. Used to, if we believed someone was illegal, we would just have to hold them there and get an ICE agent on the phone and ask them to come to where we were at, because we did not have any authority to enforce a federal law." Mack said immigrants who are victims of crime have no reason to fear local law enforcement. "If a person is a victim of a crime and they are an illegal and they don't have a criminal record, then they cannot be deported," Mack said. "They are protected if they have been a victim of a crime until the (completion) of our case." He said Hispanic-on-Hispanic crime is often underreported — likely due to fear of deportation. "Keep in mind everyone that might be questioned or detained is not going to be deported," Mack said. "There are people here who are not criminals. They may have entered illegally, but they're not criminals; they don't have a record. They're documenting a criminal act, and I'm hoping throughout that process where they see not everyone is getting deported, that it might build a little bit of trust that there is a process to go through. It's not just a one-for-all fit." Mack said ICE agents will give a presentation on the 287(g) program at the Alabama Sheriffs Association's annual conference in July for sheriffs who have applied to participate. Covington said there are federal forms that can be filed for crime victims, and those are presented in court. "You know, if someone is the victim or a witness of a crime in the state or the county, then why would you want to deport your victim if you need them in court," Covington said. "We need to seek justice on people, so we need witnesses to be party to that." But Hamilton disagreed, saying such legal protections often aren't upheld in practice. "We have seen many cases (in Alabama) where people are reporting a crime and end up being targeted," Hamilton said. "This is not something that local immigrant communities are counting on and it's not something we see in practice regularly. Communities are not feeling comfortable talking to law enforcement about crimes." Hamilton also warned the program could divert officers from their daily responsibilities and increase racial profiling. "Immigration enforcement is often connected with racial profiling," Hamilton said. "ICE needs very little reason to detain someone they suspect is undocumented and that's why you see them detaining citizens and people with valid paperwork. They may just be relying on how that person looks or how they sound or where they are as a probable cause." Another advocacy group, Purple People Resistance of Alabama, has urged lawmakers and residents to oppose local participation in 287(g) agreements. The group, founded in January, describes itself as a grassroots collective of activists and veterans focused on civil rights and resisting authoritarianism. "These agreements erode the foundational trust between communities and the police," founder Melanie Kolowski said in a statement. "Instead of focusing on their core mission to 'protect and serve,' law enforcement officers are being redirected to act as de facto immigration agents — a role for which they are not properly trained and for which they lack critical access to immigration databases. As a result, individuals who are not in violation of immigration laws are often wrongfully detained, causing unnecessary hardship for them and their families." Kolowski said the program could cause a "ripple effect" in communities, where fear of law enforcement leads to crimes going unreported and victims going unprotected. "When people are too afraid to seek help, it allows perpetrators to continue harming others with impunity — creating more victims and making our communities less safe," Kolowski said. — or 256-340-2442.
Yahoo
4 days ago
- General
- Yahoo
Alabama Legislature only passes two immigration bills despite GOP push on issue
Protesters march during a non violent protest in Birmingham, Alabama, U.S., on Saturday February 22, 2025. Alabama Coalition for Immigrant Justice organized the event for the public to show empathy to immigrants in the wake of all the anti immigration bills currently in legislature. The Alabama Legislature considered several proposals during the 2025 session to place further restrictions on peple without legal status. Photographer: Andi Rice for Alabama Reflector Despite spending a great deal of time on the issue in the 2025 session, the Alabama Legislature only passed two bills targeting those without appropriate authorization to reside in the country. SB 63, sponsored by Sen. Lance Bell, R-Pell City, requires law enforcement in Alabama to take fingerprints and DNA samples of people without the documentation to live in the U.S. and submit them to the Alabama Law Enforcement Agency and the Alabama Department of Forensic Science. SB 53, sponsored by Wes Kitchens, R-Arab, made it a crime, a Class C felony punishable by up to 10 years in prison and a $15,000 fine, for people to knowingly transport a person without the appropriate documentation to reside in the country into the state. The bill also required county or municipal jail administrators to investigate those placed into custody to determine a person's immigration status and check with the U.S. Department of Homeland Security if the individual was issued an immigration detainer or warrant. 'Many of these bills were created to address problems that don't exist in Alabama,' said Allison Hamilton, executive director of the Alabama Coalition for Immigrant Justice. 'The majority of these bills were copycat bills that were developed at national thinktanks and distributed out to different legislators around the country to implement in their states.' But several other immigration bills stalled before getting a final vote. HB 7, sponsored by Rep. Ernie Yarbrough, R-Trinity, would have allowed state and local law enforcement to enter into an agreement with the U.S. Department of Justice and the U.S. Department of Homeland Security to enforce the country's immigration laws, an authority that currently belongs only to the Alabama Attorney General's Office. The House Public Safety and Homeland Security Committee approved the legislation in February, soon after the 2025 session began, but the full chamber did not vote on the measure until April. The legislation did not come to a vote in the full Senate. HB 3, sponsored by Rep. Chip Brown, R-Hollingers Island, would have enhanced penalties for people convicted of felonies if they cannot prove they have legal authorization to be in the U.S. A Class D felony, punishable by up to five years in prison to a Class C felony, punishable by up to 10 years in prison and a $15,000 fine. Those convicted of a Class C felony would have their punishment upgraded to a Class B felony, punishable by up to 20 years in prison and a $30,000 fine. People who commit a Class B felony would have their convictions upgraded to a Class A felony, punishable by up to 99 years in prison and a $60,000 fine. Individuals found guilty of a Class A felony, the most serious offense, would have had to serve at least 15 years in prison. Other legislation would have made labor brokers register with the Alabama Department of Workforce and must then report the foreign nationals they place with companies through contract work. Another bill, HB 297, sponsored by Rep. Jennifer Fidler, R-Silverhill, would have originally imposed a fee on international wire transfers, often used by immigrants to support families overseas. But the legislation was heavily amended to require reports on certain overseas cash transactions. All the bills eventually stalled in the Senate. One bill attempted to restrict those without proper authorization by limiting their ability to drive in the state. SB 55, sponsored by Sen. Chris Elliott, R-Josephine, would have prohibited people who have a driver's license from another state from driving in Alabama if the state that authorized it did not review a person's legal status. The legislation stalled in the House chamber after it passed the Senate. Legislators from a slate of other states introduced nearly identical legislation, so Hamilton said the bills are not tailored to the problems that residents face in Alabama. 'If they were really trying to address it, there were other bills that other representatives introduced that would have been more effective, but this bill was really about continuing to oppress immigrant communities and make life difficult,' she said.' But those who favor more restrictions said actions are necessary to disincentivize people without appropriate authorization to live in the country. 'The objective here is to present people here with rational choices, and if they believe they are not going to succeed in what they are doing, then they either will not come to the United States at all, or if individual states within the country adopt policies that make it clear they are going to be partners in enforcement, those people will settle elsewhere in the county,' said Ira Mehlman, media director for the Federation for American Immigration Reform, a group that advocates for immigration legislation like those introduced. Debu Ghandi, senior director for immigration at the Center for American Progress, a left-leaning think tank, cited a 2020 report from the organization that found undocumented immigrants contribute almost $80 million in federal taxes and $41 billion in state and local taxes each year. They also pay another $315 billion annually nationally through spending. 'Many industries often rely on their hard, and often dangerous, work,' he said. 'Undocumented immigrants, in fact, cannot receive social and Medicare benefits, but they have to pay into these programs through the payroll taxes that they are required to pay even though they are not eligible for the benefits that these programs fund.' Hamilton said there are potential negative consequences of these bills for the state. 'What Alabama would like in that case is a lot fewer workers and a lot fewer people, fewer restaurants, and just a sadder place,' she said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
15-05-2025
- Politics
More Republicans push to criminalize bringing immigrants in the US illegally across state lines
MONTGOMERY, Ala. -- Alabama lawmakers have passed legislation that would make it a felony to knowingly bring someone into the state who is in the U.S. illegally, echoing similar bills nationwide that could restrict domestic travel for some immigrants. The legislation given final approval Wednesday protects 'not only the citizens of Alabama but also the people that are immigrating here legally and doing everything the right way,' said the bill's Republican sponsor, Sen. Wes Kitchens. The measure carves out exemptions for medical professionals such as ambulance drivers and employees for law firms, educators, churches or charitable organizations carrying out 'non-commercial' tasks. The bill also outlines a process for law enforcement to determine whether a person who is arrested is in the country legally. It now goes to Alabama Gov. Kay Ivey, who has 10 days to sign the legislation or else it fails by a pocket veto. Alabama joins at least nine other states that have considered legislation this year that would create crimes of transporting immigrants who are unlawfully in the U.S., according to an Associated Press analysis using the bill-tracking software Plural. It's one of many recent bills passed by conservative statehouses seeking to aid President Donald Trump's crackdown on immigration. Activists say Alabama could end up ensnaring people who provide transportation across state lines for essential services, such federal immigration court hearings in New Orleans and Atlanta, mandatory trips to out-of-state consulates and visits to family. Jordan Stallworth, 38, works as a civic engagement coordinator for the Alabama Coalition for Immigrant Justice and lives in Wedowee, Alabama, a rural town of about 800 people that is just a 20-minute drive from Georgia. His wife has relatives living without legal status in both states and he often assists family members and other immigrants in the community with transportation. Recently, he drove a family member lacking legal status to the maternity ward in Carrollton, Georgia, 35 miles (56 kilometers) away, since the local hospital doesn't have one. Stallworth worries that similar trips will be criminalized. 'I'm not gonna sit here and somebody's dying in front of me just to have a baby — I'm not gonna sit here and just let her die, family or not,' Stallworth said. Federal law already makes it a crime to knowingly transport someone who is in the U.S. illegally. That law has been used in border areas against drivers picking up people who illegally cross into the U.S. But it has not historically been used for minor things like giving someone a ride to the grocery store, said Kathleen Campbell Walker, a longtime immigration attorney in El Paso, Texas. But immigrant advocates are watching to see whether that changes under Trump. 'The likelihood of that being enforced is higher now because of the focus on removing undocumented people from the United States,' Walker said. Alabama's legislation is similar to a 2023 Florida law, which made it a state crime to knowingly transport someone who entered the U.S. illegally. A federal judge issued a preliminary injunction against the Florida law last year, noting it's preemption by federal law. But in March, the judge narrowed that injunction to block the law's enforcement only against some who sued, including several individuals and members of The Farmworker Association of Florida. Democratic Rep. Phillip Ensler testified against the Alabama bill, saying the crime already exists under federal law. He conceded that exemptions made the bill better but said, 'It just seems very cruel and overly broad that we're going to criminalize people doing innocent things.' Tennessee Gov. Bill Lee, a Republican, signed a law last week that criminalizes harboring, transporting or hiding individuals without legal immigration status 'for the purpose of commercial advantage or private financial gain.' Texas also has toughened its immigration laws. Last year, it increased prison sentences under a state anti-smuggling law that prohibits transporting individuals with the intent to conceal them from law enforcement. Some of the similar measures considered by legislatures this year would apply more narrowly than the Florida and Texas laws. An Idaho law signed in March by Republican Gov. Brad Little creates a felony crime of 'trafficking a dangerous illegal alien,' defined as knowingly transporting someone in the country illegally who has been convicted of a felony or certain sex offenses. The new crime is punishable by up to two years in prison and a $10,000 fine.
San Francisco Chronicle
15-05-2025
- Politics
- San Francisco Chronicle
More Republicans push to criminalize bringing immigrants in the US illegally across state lines
MONTGOMERY, Ala. (AP) — Alabama lawmakers have passed legislation that would make it a felony to knowingly bring someone into the state who is in the U.S. illegally, echoing similar bills nationwide that could restrict domestic travel for some immigrants. The legislation given final approval Wednesday protects 'not only the citizens of Alabama but also the people that are immigrating here legally and doing everything the right way,' said the bill's Republican sponsor, Sen. Wes Kitchens. The measure carves out exemptions for medical professionals such as ambulance drivers and employees for law firms, educators, churches or charitable organizations carrying out 'non-commercial' tasks. The bill also outlines a process for law enforcement to determine whether a person who is arrested is in the country legally. It now goes to Alabama Gov. Kay Ivey, who has 10 days to sign the legislation or else it fails by a pocket veto. Alabama joins at least nine other states that have considered legislation this year that would create crimes of transporting immigrants who are unlawfully in the U.S., according to an Associated Press analysis using the bill-tracking software Plural. It's one of many recent bills passed by conservative statehouses seeking to aid President Donald Trump's crackdown on immigration. Activists say Alabama could end up ensnaring people who provide transportation across state lines for essential services, such federal immigration court hearings in New Orleans and Atlanta, mandatory trips to out-of-state consulates and visits to family. Jordan Stallworth, 38, works as a civic engagement coordinator for the Alabama Coalition for Immigrant Justice and lives in Wedowee, Alabama, a rural town of about 800 people that is just a 20-minute drive from Georgia. His wife has relatives living without legal status in both states and he often assists family members and other immigrants in the community with transportation. Recently, he drove a family member lacking legal status to the maternity ward in Carrollton, Georgia, 35 miles (56 kilometers) away, since the local hospital doesn't have one. Stallworth worries that similar trips will be criminalized. 'I'm not gonna sit here and somebody's dying in front of me just to have a baby — I'm not gonna sit here and just let her die, family or not,' Stallworth said. Federal law already makes it a crime to knowingly transport someone who is in the U.S. illegally. That law has been used in border areas against drivers picking up people who illegally cross into the U.S. But it has not historically been used for minor things like giving someone a ride to the grocery store, said Kathleen Campbell Walker, a longtime immigration attorney in El Paso, Texas. But immigrant advocates are watching to see whether that changes under Trump. 'The likelihood of that being enforced is higher now because of the focus on removing undocumented people from the United States,' Walker said. Alabama's legislation is similar to a 2023 Florida law, which made it a state crime to knowingly transport someone who entered the U.S. illegally. A federal judge issued a preliminary injunction against the Florida law last year, noting it's preemption by federal law. But in March, the judge narrowed that injunction to block the law's enforcement only against some who sued, including several individuals and members of The Farmworker Association of Florida. Democratic Rep. Phillip Ensler testified against the Alabama bill, saying the crime already exists under federal law. He conceded that exemptions made the bill better but said, 'It just seems very cruel and overly broad that we're going to criminalize people doing innocent things.' Tennessee Gov. Bill Lee, a Republican, signed a law last week that criminalizes harboring, transporting or hiding individuals without legal immigration status 'for the purpose of commercial advantage or private financial gain.' Texas also has toughened its immigration laws. Last year, it increased prison sentences under a state anti-smuggling law that prohibits transporting individuals with the intent to conceal them from law enforcement. Some of the similar measures considered by legislatures this year would apply more narrowly than the Florida and Texas laws. An Idaho law signed in March by Republican Gov. Brad Little creates a felony crime of 'trafficking a dangerous illegal alien,' defined as knowingly transporting someone in the country illegally who has been convicted of a felony or certain sex offenses. The new crime is punishable by up to two years in prison and a $10,000 fine.
Hamilton Spectator
15-05-2025
- Politics
- Hamilton Spectator
More Republicans push to criminalize bringing immigrants in the US illegally across state lines
MONTGOMERY, Ala. (AP) — Alabama lawmakers have passed legislation that would make it a felony to knowingly bring someone into the state who is in the U.S. illegally, echoing similar bills nationwide that could restrict domestic travel for some immigrants. The legislation given final approval Wednesday protects 'not only the citizens of Alabama but also the people that are immigrating here legally and doing everything the right way,' said the bill's Republican sponsor, Sen. Wes Kitchens. The measure carves out exemptions for medical professionals such as ambulance drivers and employees for law firms, educators, churches or charitable organizations carrying out 'non-commercial' tasks. The bill also outlines a process for law enforcement to determine whether a person who is arrested is in the country legally. It now goes to Alabama Gov. Kay Ivey, who has 10 days to sign the legislation or else it fails by a pocket veto. Alabama joins at least nine other states that have considered legislation this year that would create crimes of transporting immigrants who are unlawfully in the U.S., according to an Associated Press analysis using the bill-tracking software Plural . It's one of many recent bills passed by conservative statehouses seeking to aid President Donald Trump's crackdown on immigration. Activists say Alabama could end up ensnaring people who provide transportation across state lines for essential services, such federal immigration court hearings in New Orleans and Atlanta, mandatory trips to out-of-state consulates and visits to family. Jordan Stallworth, 38, works as a civic engagement coordinator for the Alabama Coalition for Immigrant Justice and lives in Wedowee, Alabama, a rural town of about 800 people that is just a 20-minute drive from Georgia. His wife has relatives living without legal status in both states and he often assists family members and other immigrants in the community with transportation. Recently, he drove a family member lacking legal status to the maternity ward in Carrollton, Georgia, 35 miles (56 kilometers) away, since the local hospital doesn't have one. Stallworth worries that similar trips will be criminalized. 'I'm not gonna sit here and somebody's dying in front of me just to have a baby — I'm not gonna sit here and just let her die, family or not,' Stallworth said. Federal law already makes it a crime to knowingly transport someone who is in the U.S. illegally. That law has been used in border areas against drivers picking up people who illegally cross into the U.S. But it has not historically been used for minor things like giving someone a ride to the grocery store, said Kathleen Campbell Walker, a longtime immigration attorney in El Paso, Texas. But immigrant advocates are watching to see whether that changes under Trump. 'The likelihood of that being enforced is higher now because of the focus on removing undocumented people from the United States,' Walker said. Alabama's legislation is similar to a 2023 Florida law, which made it a state crime to knowingly transport someone who entered the U.S. illegally. A federal judge issued a preliminary injunction against the Florida law last year, noting it's preemption by federal law. But in March, the judge narrowed that injunction to block the law's enforcement only against some who sued, including several individuals and members of The Farmworker Association of Florida. Democratic Rep. Phillip Ensler testified against the Alabama bill, saying the crime already exists under federal law. He conceded that exemptions made the bill better but said, 'It just seems very cruel and overly broad that we're going to criminalize people doing innocent things.' Tennessee Gov. Bill Lee, a Republican, signed a law last week that criminalizes harboring, transporting or hiding individuals without legal immigration status 'for the purpose of commercial advantage or private financial gain.' Texas also has toughened its immigration laws. Last year, it increased prison sentences under a state anti-smuggling law that prohibits transporting individuals with the intent to conceal them from law enforcement. Some of the similar measures considered by legislatures this year would apply more narrowly than the Florida and Texas laws. An Idaho law signed in March by Republican Gov. Brad Little creates a felony crime of 'trafficking a dangerous illegal alien,' defined as knowingly transporting someone in the country illegally who has been convicted of a felony or certain sex offenses. The new crime is punishable by up to two years in prison and a $10,000 fine. ____ Lieb reported from Jefferson City, Missouri.
