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Client Alert: New Immigration Documentation Requirements in Alabama and Arizona

A Honda Manufacturing of Alabama, LLC Japanese associate was stopped early last week by a local Alabama law enforcement officer under Alabama’s new law which allows police officers to verify the immigration status of any individual who is lawfully stopped, detained or arrested, according to an Automotive News article. The same article reported that a German executive for Mercedes-Benz was arrested when he failed to produce documentation that he was in lawful immigration status as required by the new law.

This particular provision of the new law has been recently upheld by a U.S. District Court in Alabama. Further, it does not seem likely that the U.S. Court of Appeals for the 11th Circuit will enjoin this particular provision of the new law. As such, for now, foreign born individuals, as well as those that look or sound foreign, will have to be aware that they may be asked for documentation of their lawful immigration status if they are ever lawfully stopped, detained or arrested in Alabama.

Arizona has also implemented a similar law. In Arizona, local law enforcement officers can request IDs and immigration documentation of anyone if they have a “reasonable suspicion” that the person is unlawfully present in the U.S. A legal stop, detention or arrest includes allegations of serious crimes, minor traffic offenses, and even violations of city ordinances.

Please be aware that the above laws may also affect U.S. born and naturalized citizens.

In Kentucky, a pre-filed bill, similar to the legislation recently enacted in Alabama and Arizona was introduced for the 2012 legislative session.

Greenebaum's Immigration Team has been following the development of several state immigration laws and their impact on business activities in those states. Please feel free to contact Greenebaum's Immigration Team if you have any questions or need any legal advice.

 


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About Greenebaum Doll & McDonald PLLC
Greenebaum Doll & McDonald PLLC is a widely-respected business law firm with approximately 150 professionals in four offices, serving local, national and international clients in virtually every industry. For more information, visit www.greenebaum.com.

Copyright 2011 Greenebaum Doll & McDonald PLLC. All Rights Reserved.

  • Partner

    Kenji is a member of the Corporate Services Department. A Japanese native, Kenji has worked, researched and taught in the areas of International Maritime Law, International business law and arbitration law for 9 years. He is ...

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