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Hammon-Beason Alabama Taxpayer and Citizen Protection Act/HB 56
Sue Roh
Social Welfare Policy and Service II
Anjali Chiani
March 24, 2012

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How to address illegal immigration in the United States has and continues to be a
controversial issue, which can currently be seen in various legislative proposals, particularly
from individual states. Julia Preston of the New York Times (2011) cited a report from the
National Conference of State Legislatures which recorded an unprecedented number of proposals
(1538 bills) in the first 3 months of last year that were related to immigration. Preston reports
that the most controversial laws designed to control illegal immigration started with Arizona,
which required government employees (particularly local law enforcement) to confirm
citizenship status with anyone they suspected of illegally residency and imposed severe penalties
for employers who knowingly hire illegal immigrants.
The state of Alabama enacted a law similar to that of Arizona in September of 2011, but
included provisions that were so controversial, it has gained national attention by human rights
groups and the federal government. Alabama's immigration law, known as the “Hammon-Beason
Alabama Taxpayer and Citizen Protection Act”, or HB 56, was introduced by Representatives
Mickey Hammon and Senator Scott Beason. This law places a variety of restrictions on illegal
aliens by criminalizing their “presence, employment, contracts with, and benefits regulated,
concealing, or protecting illegal aliens” and requiring “verification of legal status” for those
seeking employment, public benefits, school enrollment and voter registration, (Alabama
Legislative Information System Online, n.d.).
Representative Hammon espoused the effectiveness of the bill in addressing illegal
immigration because it “attacks every aspect of an illegal immigrant’s life. They will not stay in

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Alabama…This bill is designed to make it difficult for them to live here so they will deport
themselves” (The Economist, 2012). Self-deportation, or “attrition through enforcement”, seems
to be the method du jour in reducing the presence of illegal immigrants.
According to a piece on the new law by NPR’s, This American Life (TAL) (2012),
immigration was not a major issue in the state of Alabama. But in 2010 Republicans campaigned
for legislative seats using five major pledges, which included reducing the presence of illegal
immigrants. After the elections, Kris Kobach, a constitutional lawyer considered to be the
“mastermind” of attrition through enforcement, saw an opportunity when Republicans gained
control of Alabama’s state legislature.
The U.S. Justice Department has since sued the state of Alabama arguing that
immigration policy enforcement is the job of the federal government, not the states. In addition,
the U.S. Secretary of Homeland Security informed Congress on October 26, 2011 that her
department would not assist in enforcing HB 56, and will continue to focus their resources on
“those who are a threat to others,” (Orndoff, 2011).
In the American Civil Liberties Unions’s (2012) “Preliminary Analysis of HB 56”,
several provisions of the act were found to be unconstitutional and in violation of several federal
human rights laws and pre-empted federal immigration laws by establishing their own immigrant
crimes. The analysis concludes, “HB 56 attempts to make a class of individuals non-persons in
the eyes of the law. If it goes into effect, it will deny immigrants and Alabamans of color their
most basic rights.”
Since the bill has passed, there has been some consternation about the effects of the bill
on the state and its citizens by both Democrats and Republicans. Gerald Dial, (Republican whip

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in the state Senate) initially supported the law, but is now campaigning to “tweak the law” due to
concerns that new businesses are going to stay away. The Home Builders Association of
Alabama, the U.S. Chamber of Commerce, the Alabama Farmers Federation, and other business
groups are opposed to the law, due to the increased paperwork associated with provisions of the
law and concern that potential investors may be deterred. However, Senator Scott Beason feels
the bill has successfully fulfilled its original intentions; he points to the roughly 75,000 people
who have self-deported within three months of the bill’s passage, thus opening up jobs for legal
residents (TAL, 2012).
Samuel Addy, Ph.D., a University of Alabama economist, analyzed the economic effects
of HB 56 on the state of Alabama (2012). He found that the main economic arguments for the
bill failed to take into account various economic contributions that illegal immigrants bring to the
state such as through sales taxes and other revenues they contribute as consumers and made false
generalizations on the economic drain that immigrants pose arguing that most illegal immigrants
prefer to “remain under the radar” and are the least likely to take advantage of welfare programs.
Professor Addy concluded that even with insufficient qualitative and quantitative estimates on
how much the state will save in reducing their illegal immigrant population, the potential loss of
economic developmental opportunities and implementation costs of the bill will most likely
result in a net loss to the state in the long run.
The concern over the loss in production, particularly in agriculture, has already become a
very real problem for farm owners, who are experiencing severe loss in help needed to keep their
businesses running. Most reject the claims by law makers that legal workers will replace the lost
help, citing higher turnover and an unwillingness to work the long hours required during harvest
time, (Rock Center, 2012). In October of 2011 there had been a drop in unemployment rates in

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the state of Alabama (1/2% compared to 1/10 of 1% drop in the national average), which
supporters of the bill often attribute to the passage of the bill. But Ahmad Ijaz, The Director of
Economic Forecasting at the University of Alabama, states most of the job growth was in the
automotive sector, where illegal workers are rarely found, and there was no job growth in areas
where they do typically work (agriculture, poultry processing, construction), (TAL, 2012).
On November 21, 2011, Alabama Congresswoman Terri Sewell held an “Ad-hoc”
committee meeting on HB 56. Those who testified their opposition to the bill included the Mayor
of Birmingham, William Bell, who compared the law to apartheid and Jim Crow laws and
wondered how municipalities, already dealing with budget cuts, will cover the cost of enforcing
the new laws, (Left In Alabama, 2011). Police Chief Steven Anderson of Tuscaloosa told This
American Life (2012) that the bill will inhibit his department’s ability to address actual crimes,
adding that, “the Hispanic population was not the population in our community that was
committing those crimes. So immigration was not a problem for our police department.”
In early February of this year, college students representing a range of local universities
showed their opposition against HB 56 during a week-long student action event to inform other
students on the various human rights issues and discriminatory implications that the law presents
(Chandler, 2012). A “Valentine’s Day Rally” to repeal HB 56 was held at the Alabama State
House, (Alabama Coalition for Immigrant Justice, 2012). Most recently, during the
commemoration of “Bloody Sunday”, both African Americans and Hispanics gathered to protest
the Voter ID and HB 56 laws, arguing both violate basic human rights (Tell Me More, 2012).
Even though HB56 initially passed with little opposition and polls showed strong support for
immigration reform (60%, according to Rock Center), recent polls have shown opposition to HB

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56 in its current form. A poll conducted by Capital Survey Research Center found that 57% of
likely state voters support “either revising or repealing the immigration law,” (Chandler, 2011).
Since its passage, HB 56 has been covered by both local and national news media such as
Birmingham News and The Economist. Is this Alabama.com presents four videos by director
Chris Weitz (“A Better Life”) and Jose Antonio (Center for American Progress) in response to
the bill. Perhaps the most comprehensive piece on the bill was by NPR’s This American Life
titled, “Reap What You Sow,” which discusses how the bill came to pass, the national and local
implications of the bill, as well as the human toll on those directly affected by it.
Whether or not HB 56 (or at least some of its provisions) is repealed will depend upon
similar efforts to repeal the Arizona immigration law, which is due to go before the U.S Supreme
Court in April 2012. This was decided by the 11th
U.S. Circuit Court of Appeals earlier this
month, who would not issue a decision on HB 56 until after the U.S. Supreme Court makes their
decision on the Arizona bill (Elliot, 2012). There are many reasons why legislators and the
general public feel that there needs to be some sort of immigration reform. One of the HB 56’s
authors, Kris Kobach, has been key in creating immigration reform laws for several states with
the goal for a nation-wide law promoting self-deportation; his driving force being the prevention
of another terrorist attack, such as 9/11, (TAL, 2012). While Kobach insists he is not anti-
Hispanic, immigration reform bills like Alabama’s directly effect this population, among other
minority populations. The collateral damage of this type of bill has been foreseen by those
opposed to the bill and their arguments seem to have been ignored by its sponsors, who drove the
bill through and are now faced with the task of defending the bill and its individual components
to their constituents and the U.S Judicial System. Through HB 56, Alabama has succeeded in

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reducing their illegal immigrant population. The questions that many are now asking is whether
this will ultimately hurt or help the state in the long run, both fiscally and culturally. This is an
important question to ask given the growing number of states that have either already passed
similar bills or are in process.
References
Addy, S. (2012, January). A Cost-Benefit Analysis of the New Alabama Immigration Law.
Retrieved February 21, 2012, from University of Alabama, Center for Business and
Economic Research Culverhouse College of Commerce and Business Administration
Web site: http://cber.cba.ua.edu/
New%20AL%20Immigration%20Law%20%-%20Costs%20and%20Benefits.pdf
Alabama Coalition on Immigration Justice. (2012, February 14). Hundreds Rally, Pray and
Lobby to Repeal HB 56. Alabama Coalition on Immigrant Justice. Retrieved March 13,
2012, from http://acij.net/press/hundreds-rally-pray-and-lobby-repeal-hb-56
Alabama Legislative Information System Online. (n.d.). Bill Status for HB56. Retrieved
February 15, 2012, from http://alisondb.legislature.state.al.us/acas/
ACASLLoginMac.asp?SESSION=1058
American Civil Liberties Union. (2011, June 13). Analysis of HB 56, “Alabama Taxpayer and
Citizen Protection Act”. Retrieved February 21, 2012, from
http://www.aclu.org/immigrants-rights/
analysis-hb-56-alabama-taxpayer-and-citizen-protection-act

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Chandler, J. (2012, February 7). Students fight back against HB56. UAB Office of Student
Media. Retrieved March 13, 2012, from http://studentmedia.uab.edu/2012/02/
students-fight-back-against-hb56/
Chandler, K. (2011, November 18). Majority want Alabama’s new immigration law revised or
repealed, survey shows. Alabama Live. Retrieved March 13, 2012, from
http://blog.al.com/ spotnews/2011/11/majority_want_alabamas_new_imm.html
Cohn, R. (n.d.) Immigration to the United States. Encyclopedia of Economic and Business
History. Retrieved March 12, 2012, from http://eh.net/encyclopedia/
article/cohn.immigration.us
Committee on Education and the Workforce Democrats. (2011, October 5). Miller
Statement on Alabama Immigration Law. Committee on Education and the
Workforce Democrats. Retrieved February 21, 2012, from
http://democrats.edworkforce.house.gov./ press-release/
miller-statement-alabama-immigration-law
“Countrycat” (Admin). (2011, November 22). Ad-hoc Committee Meeting on HB-56 Was
Packed With Press & Bill Opponents. Left In Alabama. Retrieved February 24, 2012,
from http://www.leftinalabama.com/diary/9027/
adhoc-committee-meeting-on-hb56-was-packed-with-press-bill-opponents
The Economist. (2012, January 28). Immigration laws. Caught in the net: Alabama’s
immigration law is proving too strict and too costly [Electronic version]. The
Economist. Retrieved February 18, 2012, from http://www.economist.com/
node/21543541

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Elliot, D. (National Correspondent). (2012, March 1). All Things Considered: Appeals Court
Defers on Alabama, Georgia Immigration Laws. [Radio broadcast] Washington, D.C.:
National Public Radio.
Gheen, W. (n.d.). History of Illegal Immigration in U.S. End Illegal Immigration. Retrieved
March 12, 2012, from http://www.endillegalimmigration.com/
History_of_Illegal_Immigration_in_US/index.shtm1
Glass, I. (Executive Producer). (2012, January 27). This American Life: Reap What You Sow.
[Radio broadcast] Chicago, Il: Public Radio International.
Lewis, J. (2011, October 9). VIEWPOINTS: HB 56 hurts Alabama’s economy more than it helps
[Electronic version]. Birmingham News. Retrieved February 23, 2012, from
http://blog.al.com/birmingham-news-commentary/2011/10/
viewpoints_hb_56_hurts_alabama.html
Martin, M. (Host). (2012, March 5). Tell Me More. [Radio broadcast] Washington, D.C.:
National Public Radio
Mehlman, I. (2011, November 22). New York Times Blows Alabama Law’s “Racial Profiling”
Argument Out of the Water. Immigration Reform. Retrieved February 15, 2012, from
http://www.fairus.org/site/PageNavigator/about.html
Orndorff, M. (2011, October 27). No US help on Alabama immigration law, Homeland
secretary Janet Napolitano says. Alabama Live. Retrieved March 3, 2012, from
http://blog.al.com/sweethome/2011/10/alabama_can_expect_no_federal.html

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Preston, J. (2011). Justices’ Arizona Ruling on Illegal Immigration May Embolden States
[Electronic version]. New York Times, p. A14.
Rome, H. (Executive Producer). (2011, November 14). Rock Center with Brian Williams
[Television broadcast]. New York: NBC.
Ruark, E. (2012, February 3). A Sure Sign That HB56 is Working as Intended. Immigration
Reform. Retrieved February 21, 2012, from http://Immigrationreform.com/2012/02/03/
a-sure-sign-that-hb56-is-working-as-intended/
United States Department of Justice. Civil Rights Division. (2011, December 2). Alabama House
Bill 56 – Letter from DOJ about Policing. Retrieved from The United States Department
of Justice website: www.justice.gov/crt/about/spl/documents/
AlabamaHB56Ltr_12-2-11.pdf