HR Peeps, Learn from Alabama’s New Immigration Law: Mean Policies Suck

passport

I’ve been in Alabama for 10 years, and as you all know have been an advocate for the state. Despite the image issues that Alabama will continue to fight (deservedly) due to the civil unrest in the 60’s, modern Birmingham has really been a most excellent place to live.

But damn it Alabama, sometimes you make it just too hard to defend.  On June 9th, following Arizona’s lead, Alabama passed its own version of an immigration law – one the federal government decided was too
oppressive and harassing to implement, therefore they filed a lawsuit against the state of Alabama to block the measure.

Here is what Alabama’s new immigration law will enforce starting September 1st:

  1. Law enforcement will be required “to attempt to determine the immigration status of a person who they suspect is an unauthorized alien”.  Wow, can you say discriminatory profiling?
  2. It will be illegal for anyone to provide transportation to an illegal immigrant. Guess I’ll have to do a background check on anyone who gets in my car? And I hope, if you happen to be an illegal immigrant, you don’t get hurt.  Don’t know if I can give you a ride to the hospital.
  3. Naturally it is illegal to provide housing or rent to an illegal immigrant.
  4. There are no exceptions for churches that may be providing shelter, food, or rides.
  5. All businesses over 25 employees must use e-verify.  If they do not, then with three violations your business will be permanently closed.
  6. If e-verify cannot confirm the status of the applicant and within 8 days the employee contests the findings, you cannot take adverse action on that employee until e-verify can confirm.  This could take months.

People who know me know I am pretty “a-political”.  I really don’t get into it.  I am an A-1, fence- straddler.  I don’t know what to do about illegal immigration and don’t consider myself an expert on the subject or the solve.

BUT…
Isn’t there a higher humanistic code that this violates?  Isn’t this a lot of hoop jumping with little chance of a good ROI?  Isn’t this presuming a lot of guilt before there is any proof of wrongdoing? Lastly, doesn’t this awfully punitive law hold average, everyday people to account for something they are not uniquely qualified to judge?

The biggest issue is that this law will not solve the problem It will not transform the state nor will it engage Alabamians to work or live together.  Such a shame since we’ve come so far since the 60’s.

HR Takeaways:

  • From an HR standpoint, doesn’t this law remind you of the fear-based HR policies and practices of the past?  Ones that made HR pros afraid to talk to a rich and diverse candidate pool for fear of “discrimination”.
  • Policies written for the “exception” and not the rule do not make sense.  They do not work, nor do they transform and engage your organization.
  • Policies written from a state of control do not make sense.  They do not work, nor do they transform your organization.
  • Policies written from a state of fear rather than understanding obliterate trust and transparency.  They do not work nor do the transform and engage your organization.
  • Policies based in punishments rather than educating or informing do not make sense.  They do not work nor do they transform and engage your organizations.

HR peeps, perhaps the one good thing about this is you can learn from our foolishness.

FOT Background Check

Dawn Burke
Dawn Hrdlica (PHR) is VP of People at DAXKO. That's right - the very DAXKO that our very own KD is an alum of because there are only so many people (okay, just one) in the big B'ham who are worthy of that VP of People title. Dawn would be it. Former actor/singer/retail guru, her HR career has spanned the last decade. A true Generalist she’s done a little bit of everything, but recruiting and training is where she gets her mojo. She's based in the good 'ole blogging capitol of the south, Birmingham, Alabama, where you can frequently find her listening to the Beatles and REM, watching tons of Sex in the City reruns, drinking copious amounts of coffee and wine, and wondering how in the world this theatre grad ever got into football or HR…. Talk to Dawn via emailLinkedIn, or Twitter...

7 Comments

  1. brandon says:

    Should have been titled: Stupid People Suck. Yeah, that’s right. Because most illegal aliens are really (wink-wink) Canadian and European, we just never focus on them. Also, you don’t think a law enforcement officer is “uniquely qualified to judge” a persons immigration status by asking for their papers? Have you seen your cities (Alabama)? They look like ghost-towns. Get your head out of the sand and wake up before it is too late.
    I will no longer be subscribing to your newsletter or feed. It’s too bad because a lot of it was really good. Mixing your “opinion” in with this newsletter was not a very professional move.

    Reply
  2. Julie Ellis says:

    Speaking as a business professional in Birmingham, let me say THANK YOU.
    The unintended consequences of this bill are still being discovered.
    Nonprofits are at a loss as to what to do and how to serve -organizations that provide transportation for children to receive medical treatment – is that transporting? Shelters that provide lodging – is that harboring? Children’s hospital that provides treatment, immunizations and needed care?
    Initiatives to bring fresh produce to low-income neighborhoods – initiatives that were experiencing success – are now failing because produce rotting..no one to harvest. In one instance, a local farm that employed LEGAL immigrants – has lost all its legal workers who feel the environment in Alabama is too hostile. They have moved to other states to work on farms.
    I am trying to learn more so I can discuss intelligently and accurately. But my stance remains – this law is just wrong.
    Julie M.
    Business Development

    Reply
  3. Amy Goldman says:

    Whatever happened to the seperation of church and state?

    Reply
  4. Nikki says:

    I’m very qualified to recognize illegal immigrants…regardless of race. The inability to speak English is one, those hanging out at Home Depot is another….what is wrong with imposing the laws that are already in place? Yes, it is discriminatory but not all discrimination is bad….when it comes to hiring, you set aside the least qualified person to hire the most qualified…that is discriminating, so let’s get off this high horse and enforce our illegal immigration laws.

    Reply
  5. Good thoughts from all– it is definately a topic of great divide and no real solution.
    @brandon — I hate you’ll stop reading; we can all benefit from listing to all opinions. I learn from you – you from me. Sounds like you could have brought some interesting POV’s to all FOT posts.
    @julie I am with you on the “learning more part”. As an HR pro we must follow all laws regarding hiring practices, etc. However, I’m still at a loss with the spirit of this law.
    @nikki Although there is some truth to what you are saying, unfortunately you can’t always tell if someone is an illegal immigrant soley by the fluency of their English. Nor can you tell if someone is an illegal by their hanging out at Home Depot (I mean, some may say I hang out at Home Depot). Not to the extent of arresting or detaining them on appearance alone. Although you may be right– it is still, IMO, too harsh a consequence based on profiling. Thanks for the comments!

    Reply
  6. Good thoughts from all– it is definately a topic of great divide and no real solution.
    @brandon — I hate you’ll stop reading; we can all benefit from listing to all opinions. I learn from you – you from me. Sounds like you could have brought some interesting POV’s to all FOT posts.
    @julie I am with you on the “learning more part”. As an HR pro we must follow all laws regarding hiring practices, etc. However, I’m still at a loss with the spirit of this law.
    @nikki Although there is some truth to what you are saying, unfortunately you can’t always tell if someone is an illegal immigrant soley by the fluency of their English. Nor can you tell if someone is an illegal by their hanging out at Home Depot (I mean, some may say I hang out at Home Depot). Not to the extent of arresting or detaining them on appearance alone. Although you may be right– it is still, IMO, too harsh a consequence based on profiling. Thanks for the comments!

    Reply
  7. “I will no longer be subscribing to your newsletter or feed. It’s too bad because a lot of it was really good. Mixing your “opinion” in with this newsletter was not a very professional move.” i don’t think so i think this is great blog!

    Reply

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