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Columnists: Flo Johnston| Barry Saunders | Jim Wise


Published: Oct 20, 2012 07:00 PM
Modified: Oct 20, 2012 06:20 PM

The rising anti-Latino tide
Lamont Lilly

 
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In its original format, Alabama’s Beason-Hammon Act granted school resource officers the right to badger fifth-graders on the basis of their immigration status.

Alabama, which passed the act (or HB 56) in June 2011, was the only state in the country requiring school administrators to verify immigration data for new K-12 students. However, just two months ago, the 11th Circuit Court of Appeals struck down the student provision of HB 56, declaring it unconstitutional and a breach of Plyer vs. Doe, which mandates that states provide an education to all children. The 11th Circuit also struck down Georgia’s HB 87 criminalizing the “transporting and harboring of illegal immigrants,” a statute with anti-Latino written all over it.

These recent rulings were key in dispelling the notion that individual states can create their own immigration regulations, bypassing federal authority.

When initially proposed, these bills were sold as valuable pieces of legislation that would boost local economies – laws that would crack down on the presence of those entering the U.S. illegally.

Conservatives billed such bigotry as a quick fix to unemployment and poorly performing schools. Instead, such rogue policies were a complete setback to civil rights and due process. In Alabama, children of all ages were deterred from attending school and pursuing their education.

As for the economy, Alabama’s No. 1 industry, agriculture, was decimated. Industries dependent upon migrant labor, like Alabama’s poultry operations, were devastated. Small farming operations were brought to a halt, as valuable workers were scared indoors.

Recently, Alabama has challenged the ruling of the 11th Circuit’s three-judge panel and has asked for a new hearing. Though particular provisions were found to be outright unconstitutional, a violation of the Equal Protection Clause of the 14th Amendment, state officials are arguing that federal courts overstepped state jurisdiction. Unfortunately, it seems that like Arizona, Alabama is positioning itself to take its immigration law all the way to the Supreme Court.

In response to this year-long battle, immigrants rights activists have stayed the course. DREAM activists and immigrant youth have conducted walk-outs. Workers and adult cooperatives have organized major strikes. Latino customers have chosen to boycott local businesses, while tens of thousands have convened in solidarity. Organizations as the United Steelworkers Union, ACLU and Immigrant Justice League have joined forces. The NAACP and Southern Poverty Law Center are also on board.

The bottom line is that HB 56 is a law that continues to ostracize and divide. These anti-Latino acts aren’t merely a matter of disenfranchisement. Latino immigrants are being denied the right to even exist in some states, to barely breathe without some “officer of the law” riding their backs with an iron boot. True, the recent rulings by the 11th Circuit Court of Appeals are great, but there should be no compromise with laws that encourage hate. We the People say, “freedom for all,” and down with HB 56.

Lamont Lilly is a contributing editor with the Triangle Free Press, Human Rights Delegate with Witness for Peace and organizer with Workers World Socialist Party. He lives in Durham.
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