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Stories tagged with “Alabama

NEWS FLASH

Lesbian Victim Claims Beating Was Not A Hate Crime | Mallory Owens, the Mobile, Alabama woman who was beaten violently last week by her girlfriend’s brother, is now saying that the incident was not a hate crime. Owens’ mother originally said that the brother’s actions were motivated by her sexual orientation, but Mallory and her girlfriend are now saying that there were other reasons that will be released “when the time is right.” Watch WKRG’s report about these updates (HT: Towleroad):

NEWS FLASH

Alabama GOP Plans Election Night Party At A Gun Range | Supporters of the Alabama Republican Party will watch election results roll in tonight at a gun range, where the state party plans to hold its “victory party.” According to the Associated Press, the gun range will be open for two hours during the event at Hoover Tactical Firearms. Mitt Romney is expected to easily win the southern state, and Alabama voters will also be deciding if disgraced former Chief Justice Roy Moore should be elected to his old job. In Alabama, no state permit is needed to carry a shotgun, handgun, or rifle.

Justice

Alabama Law Makes It More Difficult For State’s Legal Immigrants To Work

Under Alabama’s harmful immigration law, applicants for professional licenses have to prove that they are either a citizen or living in the U.S. legally. In order to verify a person’s status, non-U.S. residents have to be cleared through the federal Systematic Alien Verification for Entitlements (SAVE) database. State officials have asked the federal government to let the state use SAVE more widely, but federal officials have not responded and only a few of the professional licensing boards are even close to being able to use the system.

As a result, nurses and other professionals who must be licensed have to prove that they are legal residents are stuck in limbo:

Nursing board director Genell Lee said she applied for SAVE approval in October 2011, and got a letter earlier this month saying the board had been approved to use the system.

She said there’s still some paperwork to be done before the state can use the system. While she waits, Lee said, she’s been holding on to foreign nurses’ license applications.

“I’ve got a couple of applications from nurses who aren’t citizens,” she said. “I’m not permitted by law to determine whether they’re legal, so I’m waiting for SAVE.”

She said those nurses are working in other states now.

“But they want to work here,” she said.

In Georgia, applicants for professional licenses are trapped in a paperwork nightmare as well. The state’s immigration law has a similar provision to Alabama’s anti-immigrant measure that requires that anyone in Georgia who is applying for or renewing a professional license to prove they are in the U.S. legally. As a result, applications are delayed for weeks or months instead of days.

NEWS FLASH

Federal Court Rejects Rehearing On Alabama’s Immigration Law | The U.S. Court of Appeals for the 11th Circuit denied a request from Alabama officials to reconsider the court’s ruling about HB 56, the state’s immigration law. In August, the court invalidated several portions of the harmful immigration policy. Alabama argued in its rehearing request that some parts of the law did not actually conflict with federal law and that not having them on the books “could interfere with any state attempt to address the costs of undocumented immigrants.” The circuit court did not explain its decision to deny the rehearing.

NEWS FLASH

Anti-Choice Groups Try To Force Alabama Abortion Clinic To Close | Several anti-abortion groups in Alabama have filed complaints against a Planned Parenthood clinic in Birmingham in an attempt to force it to close. The complaints to the state health department allege that Planned Parenthood performed two abortions while on state probation in 2010. The women’s health clinic is the last abortion provider in the state’s largest metro area after the anti-choice groups forced another clinic in Birmingham to close, and the complaints in Alabama continue nationwide attacks on abortion providers. In Mississippi, a new restrictive state law could force the state’s only abortion clinic to close.

Justice

Latino Students Returning To School After Federal Court Orders Block Alabama’s Anti-Immigrant Law

When Judge Sharon Blackburn ruled last year that a controversial provision in Alabama’s immigration law requiring schools to check the immigration status of newly enrolled students could go into effect, schools immediately saw some Latino students staying home from school or withdrawing out of fear that their families could be deported if they were questioned about their immigration status at school.

About two weeks later, the 11th Circuit temporarily overruled Blackburn’s original decision and stopped schools from asking about the immigration status of new students. And when the appeals court gave its final ruling on Alabama’s HB 56, it struck down most of the harmful immigration law, including the schools provision. Even though the state’s attack on school children was only in effect for two weeks, Justice Department officials reported that over 13 percent of Hispanic children left school in the school year during which the law was briefly in effect.

But a year later and into a new school year, some Alabama school districts are seeing more Latino students. Although the Alabama Department of Education’s full numbers on Latino enrollment across the state will not be available until late October, early signs suggest the court orders blocking the law succeeded in reversing some of its impact on Latino students:

“When the law was first passed, we didn’t know what to expect,” said Jeff Goodwin, superintendent of the Oxford school system. “We lost 10 or 12 after the first week, but then they came back.”

According to the 2010 U.S. Census, the Oxford school district has more Hispanic students than any other local school system, and has seen the largest increase in Hispanic residents in the last 10 years. Oxford’s numbers show the school system currently has 336 Hispanic students, an increase from the 324 enrolled in 2011. . . . . The Anniston school system had a slight increase to 40 Hispanic students this year from 32 in the previous year. According to the Census, Anniston’s Hispanic population dropped to 216 from 409 in the last 10 years.

The Calhoun County school system has also seen an increase in Hispanic student enrollment – with 230 Hispanic students this year compared to 215 the previous year.

The fact that schools in Calhoun County are seeing an increasing number of Latino students suggests that the court orders worked. The courts appear to have stopped a discriminatory law from further damaging the state of Alabama, and as a result, immigrant children do not have to be scared of going to school.

Health

Alabama Legislature Narrowly Avoids Slashing State Medicaid Funds

In April, the Alabama House approved a budget for 2013 that strained the General Fund and required deep cuts in public health and human services — particularly the state’s Medicaid program — in place of raising revenues. Although Gov. Robert Bentley (R-AL) wouldn’t support any revenue increases, he also called the proposed 30 percent cuts to Medicaid “irresponsible” and implored voters to find another solution to raise funds.

Fortunately, Alabama voted yesterday to approve a $437 million transfer from the state’s trust fund over to the state’s General Fund, which is the source of the funding for Alabama’s courts, prisons, and social services. The measure passed by a 2-to-1 vote. “I want to thank the voters for approving the state’s plan to temporarily borrow funds from our savings account to help get us through these difficult economic times without raising taxes,” Bentley said in a statement.

Yesterday’s decision is especially good news for the hundreds of thousands of low-income Alabama residents who depend on Medicaid for their health insurance coverage:

Most of the money will go to Medicaid, which provides health care for about 940,000 disabled and lower-income Alabamians, and the corrections department, which runs state prisons.

With the referendum’s approval, General Fund spending for Medicaid in fiscal 2013 is budgeted at $615.1 million, an increase of $39.7 million, 6.9 percent, from this year. [...]

Henry Mabry, executive secretary of the Alabama Education Association teachers’ lobby, said the yes vote protected Medicaid patients. “Hallelujah,” Mabry said. “Alabama voters chose to take care of God’s children.”

Democratic lawmakers in the state warn that, while transferring funds was a short-term solution to Alabama’s budget crisis, long-term economic solutions will require finding a way to replace the money that was borrowed from the trust fund. Without a departure from failed austerity policies and an agreement to raise taxes in the state, some politicians worry that Alabama is simply digging itself into a deeper budget hole.

Alabama House Minority Leader Craig Ford (D) said in a statement that while he was glad that Medicaid would not be cut, he is calling on the Republican-led legislature to work out a more tenable solution for balancing the state budget. “The problem has not gone away, and if we do not act soon, we will be right back here in three years,” Ford said. “We are also going to demand that the leadership propose a long-term solution to this problem.”

NEWS FLASH

ACLU Sues Over Alabama’s Segregation Of HIV-Positive Inmates | Alabama is facing a legal challenge from the American Civil Liberties Union today over the state’s practice of housing HIV-positive inmates separately from other prisoners. Alabama is the only state besides South Carolina that still segregates prisoners based on their HIV status. According to the Alabama Department of Corrections, about 270 inmates have tested positive for HIV out of the 26,400 total in the state’s prison system, and none has developed AIDS. The ACLU alleges that Alabama’s policy violates the Americans with Disabilities Act by treating HIV-positive individuals unfairly simply due to their HIV status, despite the fact that there is no evidence they are unable to safely cohabitate with prisoners who don’t have the virus. “It is based on an uneducated view on HIV and how it is transmitted, which really goes back to the dark ages of when it first started and there was hysteria,” ACLU attorney Margaret Winter said.

Education

Alabama Lawmakers Jeopardize Students’ Education So Families Can Spend More Money At The Beach

Our guest blogger is Alexandra Scheeler, a special assistant for K-12 education policy at the Center for American Progress Action Fund.

Back to school? Not so fast, says the Alabama state tourism industry.

While late August is usually a time for kids to return to the classroom, Alabama tourist officials see it as prime time for families to spend more money at beaches, amusement parks, and resorts.

Until recently, the Alabama State Legislature valued children’s education over tourism dollars, and wisely allowed school districts to set their own start dates with students’ interests in mind. Now, thanks to a successful industry lobbying effort, it seems Alabama has realigned its priorities and declared tourism more important than student learning.

In May of this year, the Republican-controlled Alabama state legislature passed the misleadingly-titled Flexible School Calendar Act. The bill passed through two committees: Education Policy and Tourism and Marketing — a brazen declaration of the lobbyists’ influence.

The Act mandates that all Alabama schools start no earlier than two weeks before Labor Day and end no later than Memorial Day. Tourism officials and legislators who support the bill claim that starting schools 11 days later could bring an additional $330 million total to the tourism industry, which would translate into roughly $25 million in tax revenue.

Dictating a shorter school calendar will have a negative impact on student achievement, particularly for low-income children. Studies have demonstrated time and time again the problem of “summer learning loss.” Away from the stimulating academic environment of the classroom, low-income students lose an average of two months of reading skills. This only widens the achievement gap between low-income and higher-income students, who spend their summers taking part in enriching — and expensive — opportunities like tutoring and educational camps.

Read more

Justice

How To Understand The Federal Court Decision Striking Down Most Of Alabama’s Anti-Immigrant Law

When the Supreme Court ruled on Arizona’s anti-immigrant law, SB 1070 — invalidating much of the law and limiting the scope of the law’s “show me your papers” provision — its ruling clarified the constitutionality of the harmful state immigration laws also but left many questions unanswered about laws in other states that went even further than Arizona’s.

But in the first ruling on a state immigration law following the Supreme Court’s SB 1070 decision, the 11th Circuit federal appeals court struck down most of Alabama’s HB 56, including the worst provisions like the state’s attack on school children:

School officials cannot ask about students’ immigration status: Under HB 56, schools were required to determine the immigration status of every newly enrolled student. As a result, students stayed home from school once the provision went into effect in late September out of confusion over the law and fear that they or their parents could be deported. By February, 13 percent of Latino students dropped out by February as families fled Alabama because of the immigration policy.

Alabama cannot ban contracts between lawful and unlawful residents.: Alabama’s HB 56 included an unprecedented ban against contracting with undocumented immigrants. No other state or nation has such a measure, which, for example, could have made it illegal for a landlord to rent an apartment to someone who is not a legal resident. Politicians readily admitted that the goal of HB 56 was to make Alabama a hostile place for undocumented immigrants, and in blocking the contracts provision, the court recognized that the point of the contracts section was “forcing undocumented individuals out of Alabama.”

Additionally, the 11th Circuit stopped Alabama and Georgia from making it a crime to transport or harbor an undocumented immigrant in those states. Both states included these provisions in their similar anti-immigrant laws approved by state legislators more than a year ago. Arizona’s SB 1070 also makes its a crime to harbor or transport someone who is not a legal resident, but the Supreme Court did not rule on it. Today, a civil rights coalition is asking a federal judge in Arizona to block this section of SB 1070 especially now that it has been struck down in Alabama and Georgia.

But in its ruling about Alabama’s 2011 law, the federal appeals court let a portion of HB 56 stand that makes it a felony for an undocumented immigrant to “attempt to enter into a business transaction with the state or a political subdivision of the state. Originally, this provision was interpreted so broadly that it prevented undocumented immigrants from having running water at their homes, but legislators made changes to the measure last spring so that it only applies to a “public records transaction,” like a driver’s license or business license. The court ruled that the state could prevent undocumented immigrants from applying for these licenses just as it agreed that the state could prevent people who are not legally in the U.S. from attending state universities and community colleges.

The federal court removed most of the worst portions of the state immigration laws, and as the Supreme Court ruled on SB 1070, it left a window open for future legal challenges against Alabama and Georgia’s “show me your papers” provisions requiring law enforcement officers to determine the immigration status of anyone they have “reasonable suspicion” to believe is in the country illegally. In all, the 11th Circuit’s ruling is a victory for immigrant advocates and a significant — if not total — loss for proponents of extreme “self-deportation” immigration policies.

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