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CLEVELAND, OHIO - In recent years, many people have argued that Congress has failed to pass comprehensive federal immigration legislation, so Arizona, Georgia, Utah, South Carolina, Indiana, Tennessee and most recently, Alabama have passed their own. Over the next several weeks, we will discuss each state's immigration laws. In part one of this seven-part series, we're addressing the Alabama law.

"Alabama's immigration law is not only unfair, but it also violates constitutional boundaries," said Jonathan Bartell, an immigration and naturalization attorney who specializes in the H1B Visa process for immigrants. "The federal government, not the state, is charged with immigration regulation. So for these states to argue that the federal government is not doing their job is very short-sighted."

However, supporters and opponents of the legislation all concur that no other state's law included outlines as strict as those passed in House Bill 56, better known as the Alabama Immigration Law. Here are the requirements of the law that became effective in September:

Public schools must check students' immigration status. The law criminalizes giving an undocumented immigrant a ride or harboring them. It requires employees to check potential employees' status through E-Verify. It instructs police to check the immigration status of anyone they stop if they suspect the person is an undocumented immigrant.
The new law makes it illegal to enter into contracts with undocumented immigrants. It imposes penalties on people who rent property or housing to illegal immigrants.

"These laws are forcing immigrants underground," said the Arabic speaking immigration lawyer. "They have created an atmosphere of fear and are causing racial disharmony."
Bartell is not alone in his feelings. The justice department is seeking to block enforcement of the law, arguing that it encourages discrimination and subjects state residents to unwanted scrutiny from local officials.

Originators of the law insist that it mirrors federal law and that the state is allowed to enforce immigration laws as Congress directed. The Justice Department contends that there is no basis for a state to create its own immigration laws. If the federal government succeeds in court, the immigration laws would be overturned and deemed unconstitutional and not allowed to be enforced, said citizenship lawyer Bartell .

"Immigration in the U.S. needs to be controlled, there is no doubt about that," said embassy lawyer Bartell. "We need to protect our borders, but the million dollar question is, how do we control it and what are we do to with the undocumented population that is already here?
Not all illegals deserve to stay, but conversely not all undocumented aliens should be deported either. Many were brought here when they were very, very young, they grew up here, became productive citizens, they should not be deported because their parents violated a law they had no idea existed."

Once in the U.S., immigrants should be protected by the constitution, he said. We have certain protections that are not available to individuals in other nations, but this is not a sign that the U.S. is weak. Quite the contrary, it is a sign that the U.S. is great and that our laws are the most fair and desired in the world.

Any aliens who have issues with their status are advised to contact an immigration attorney to discuss their case and determine if a resolution is possible. "You should be advised of your rights while here in the country, even if you’re not a citizen, said Bartell."

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