Change immigration law, Ala. AG says
In a letter to legislative leaders, Attorney General Luther Strange said the proposed changes would make the law "easier to defend in court" and "remove burdens on law-abiding citizens."
The private letter, acquired by The Associated Press, represents the first time the attorney general has expressed concerns since he started defending the law against a federal court challenge filed by about 30 organizations and individuals. The law is considered by both opponents and supporters as the toughest in the U.S. against illegal immigrants.
Strange recommended repealing a section that makes it a crime for an illegal immigrant to fail to carry registration documents. That section has been put on hold temporarily by a federal court. Strange said it "adds little in terms of enforcement" because federal law already makes it a crime and repealing it would allow police "to focus on more important aspects of the law."
He also suggested repealing the requirement that public schools collect information on the immigration status of students. That section is also on hold.
His letter was written in response to Senate President Pro Tem Del Marsh, R-Anniston, who said the Legislature would only consider changes recommended by the attorney general. Marsh and House Speaker Mike Hubbard, R-Auburn, did not immediately respond to requests for comments about the letter that Strange sent them late last week.
Strange said his recommendations were based only on the legal challenge to the law and on efforts to make the law clearer, but did not address policy decisions by the Legislature. "The legislative leadership asked for our opinion and we provided it," he said in an e-mail.
He said the cost of gathering the school data and the diversion of resources to do that far outweigh the need to gather the data for use in litigation.
Strange also suggested repealing two portions of the law that allow citizens to sue public officials to compel them to enforce the new law. The state's chief law officer said those sections conflict with state constitutional provisions.
"Law enforcement and district attorneys throughout the state are concerned about being sued by citizens despite their best efforts to enforce the law," Strange said.
Strange recommended clarifying a prohibition against an illegal immigrant entering into a business transaction with a state, city or county government agency.
"Some counties and municipalities have been confused by what is considered a 'business transaction' and in some instances this confusion has led to long lines and delays at county and municipal offices. Tightening up the definition of 'business transaction' would help alleviate these issues," he said.
The Legislature passed the law to scare off illegal immigrants and open up jobs for legal residents in a state suffering from more than 9 percent unemployment. The law took effect in late September, except for provisions put on hold temporarily by federal courts.
Despite the jobs goal, a leading business organization in Alabama's largest urban area called for revisions Tuesday, saying it was concerned that the law taints Alabama's image around the world. The Birmingham Business Alliance said complying with the law is a burden for businesses and local governments.
"Revisions to our current law are needed to ensure that momentum remains strong in our competitive economic development efforts," said James T. McManus, chairman of the alliance and CEO of Energen Corp.
The group did not offer specific changes. The alliance voiced its opinion one day after Republican Gov. Robert Bentley said he is concerned the law might be affecting industrial recruitment. Bentley also said Monday the law needs simplifying, but it shouldn't be repealed.
An opponent of the law, Democratic Sen. Billy Beasley of Clayton, said revisions are not enough, and he will push ahead with legislation to repeal it in the legislative session starting Feb. 7.
"I don't feel that the senators who voted for it realized the fallout there would be and the effect of the law," he told reporters Tuesday.
Also Tuesday, state agriculture officials met with farmers in southwest Alabama to discuss their concerns that the law has driven off the laborers they will need to plant their crops in the spring. Officials discussed the possibility of using prison inmates to fill any farm labor shortages.
One of the attorneys challenging the law, Karen Tumlin of the Immigration Law Center, said officials are beginning to see the "devastating" impact the law is having on the state.
Associated Press writers Bob Johnson in Montgomery and Jay Reeves in Birmingham contributed to this report.
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