Alabama may have the toughest immigration law on the books, but the crops are rotting; the classrooms are empty; and the state is bound to lose out on significant sales-tax revenues from the undocumented immigrants who have fled to other states.
Attrition through enforcement has its unintended consequences.
In Ryn Gargulinski’s Oct. 6 opinion piece, she concluded that Alabama’s law teaches Arizona a lesson on how to act tough on immigration. Perhaps that is the case, but there are a few reasons why citizens of both states need to be wary of the collateral damage that will likely result from the law.
The Alabama law has several provisions that are unconstitutional, because they interfere with federal authority over immigration matters and are in direct violation of the Supremacy Clause. This is why the Department of Justice has opted to sue both Arizona and Alabama. Our immigration system is broken, but these attempts by the states are no substitute for comprehensive federal action.
Over the past several months, the Department of Homeland Security and the Obama administration have attempted to focus their limited resources on the criminal population, rather than chasing after construction workers, roofers, tomato-pickers and dishwashers. In fact, laws such as HB 56 and SB 1070 will ultimately divert these limited resources back to enforcement against the non-criminal population.
The money that Ms. Gargulinski thinks we would save on prisons will actually go directly to more incarceration, more court proceedings, more appeals and more burdens on the American taxpayer.
So what is going to happen in Alabama now that they have gotten tough on immigration? We are already catching a glimpse.
Farmers and growers are already reporting that their migrant workers are fleeing their jobs by the thousands. Tomatoes are rotting on the vine while farmers struggle to find any American workers who, in spite of a 10 percent unemployment rate, want to endure the grueling work conditions and long shifts. Blueberries and squash crops are facing a similar fate. Some farmers are predicting that the losses to their business will cripple them to the point of no return. The agriculture industry stands to lose millions in revenue.
How can there be a labor shortage with a 10 percent unemployment rate? Shouldn’t those out-of-work Americans be fighting for those jobs?
If the produce is ever harvested in Alabama, food prices will undoubtedly increase as the growers and farmers will need to incur additional costs. The average consumer, who is already hurting in the pocketbook, will ultimately pay more for fruits and vegetables.
But, hey, at least Alabama schools won’t be full of undocumented students who aspire to someday go to college or join the U.S. Armed Forces.
In a fantastic message to undocumented children regarding the importance of education, the Alabama law also requires that all schools verify the immigration status of children enrolling for the first time. This provision contradicts a U.S. Supreme Court precedent, Plyler v. Doe, which held that children have a constitutional right to attend U.S. public school from K-12, regardless of their immigration status. It places educators in a position of becoming law-enforcers. This is hardly a lesson for Arizona, which has a longstanding record of failing in education.
Alabama, which according to the Tax Foundation has the sixth-highest combined sales-tax rate in the nation at 8.64 percent, is going to lose out on significant tax revenue that was cycled back through the system by the undocumented population. Believe it or not, people shop and go out to eat regardless of their immigration status. Less tax revenue will have a long-term impact on the state’s economy. By the way, Arizona has the second-highest combined sales-tax rate at 9.12 percent and relies heavily on this tax revenue.
This law, while the toughest in the nation, is nothing to emulate. I predict that a year from now, Alabamans will regret that they ever tried to outdo Arizona.
If I’m wrong, Ms. Gargulinski has permission to throw those rotten Alabama tomatoes at me.
This article appears in Oct 13-19, 2011.
Yeah, damaging for ILLEGALS!
Most of the money earned is sent back to the home country, not used to pay sales taxes.
It never ceases to amaze me that companies who claim they don’t hire illegals are the first to complain that all their workers flee in the face of laws like this.
Make no mistake, those who seem to be looking out for the well-being of illegal workers are actually looking out for the employers who are exploiting them. Then they crow about underbidding the competition, who obey the laws.
I aggree that the money the illegals (as well as documented legals) earn goes back to their country of origin to feed people outside the USA.
I think other methods will come about. Hey we do know that a lot of produce comes from outside the states …most likely outside of USA too because its “cheaper” to do so. Im sure those farmers will find other forms of work. Im sure LEGAL americans will move into alabama and do “work” – maybe not the cheap farm work but they will get a job and this will be new homes for them and plenty of others. So its all a matter of re-thinking what you have and what you can do with it.
Its not a lost cause….it’s called “change” and Innovations. Change isnt always easy..its difficult most of the time.
With all new things comes its drawbacks…so there it is and it just takes the right person or persons to think up what to do about it now and how to move on and HOW to make a difference.
Right on, Mo.
Arizona’s SB1070 was written by private prison lobbyists planning to reap big profits from incarcerating the immigrants (and billing the feds). I’d like to know if Alabama’s law was also written by the same lobbyists.
Interesting the author claims that is only our federal governments right to enforce immigration laws but uses limited resources as an excuse to not arrest every illegal even though they are committing a crime, if this is true and they really are serious in enforcing our immigration laws then they should be welcoming the help from states after all it is no stranger to making other mandates and dumping them on the states to pay for them, then why not immigration enforcement? The answer is as evident as obamanation is still smoking like a chimney despite his wife’s claim to getting the rest of the country healthy to them every illegal is another democrap voter and will help him become a second term president while selling out the American worker.
Yes we need a guest worker program but not until our federal government is trusted enough that we will know they will send them home after their stay is supposed to end and that they will force the illegals already here to GO HOME and as for the rotten tomatoes, if the farmers had used their vices to fix federal government’s lack of enforcement, Americans like me would support a larger guest worker program, but instead contributed to the problem by hiring them while contributing to their deaths from trying sneaking across our border. The blood of illegals dieing on our border is on their hands!!!!
I wonder what would happen if Alabama would also adopt Florida’s new welfare law that requires recipients provide (and pass) a pee test? If people were no longer eligible for welfare checks, they might be more motivated to go out into the fields and get a job.
As for illegal immigrants fleeing Alabama for employment in other states in the union, if we all have a uniformed immigration laws that are being enforced they’d have no choice but to go through the proper channels to change their immigration status, or just go back to their country of origin.