Alabama red-faced as second foreign car boss held under immigration law

[Newsjock]

Source: The Guardian

To arrest one foreign car-making executive under Alabama's new tough immigration laws may be regarded as a misfortune; to arrest a second looks like carelessness.

A judge has acted to put a Japanese employee of Honda Motor Company out of his misery by dismissing immigration charges against him, three days after he was booked under Alabama's new immigration laws that have been billed as the most swingeing in America. Ichiro Yada is one of about 100 Japanese managers of the company on assignment in southern state.

Yada was stopped in Leeds, Alabama, at a checkpoint set up by police to catch unlicenced drivers. He was ticketed on the spot, despite the fact that he showed an international driver's licence, a valid passport and a US work permit.

... The St Louis-based Post-Dispatch newspaper revelled in Alabama's embarrassment by publishing an open letter to foreign car companies encouraging them to pack their bags and move to the rival car-producing state of Missouri.

Read more: http://www.guardian.co.uk/world/2011/dec/02/alabama-car-boss-immigration-law

[n2doc]

1. I hope they do relocate

Would serve Alabama right.

[pitohui]

3. they ain't gonna relocate, it's too expensive

you're not going to move a multi million dollar plant over a few untrained butthead cops, i assure you that there are untrained butthead cops in missouri too

this guy was in compliance with the law, so we have here a cop who really screwed up when he issued the ticket, the officer should be retrained better or put behind a desk instead of in situations where he meets the driving public

[CreekDog]

10. The mayor is defending him

so don't expect any retraining.

[izquierdista]

16. But those plants they want to attract.....

I think any plans of a new plant opening are being put on permanent hold.

[Frances]

24. As I understand it,

the problem was not the policeman, but the law. I know for a fact that the Mercedes exec was arrested by the book; Repub legislators are saying that the law they voted for needs to be changed.

[msanthrope]

31. Actually, the cop wasn't being a butthead. Hear me out---

Under this screwed-up law, there is no provision for 'ticketing.' The cop was required, by law, to 'detain.'

But he didn't.

Technically, IDL is not a 'license.' It is a translation of the license issued by your home country. You need to carry both. I know, I've had one. So when the man showed up in court with his actual driver's license--the Japan one, charges were dropped.

This is a good case for the challenge of the law...the law is confusing, hard to implement, and is not tailored to be 'least restrictive' to the liberty of ordinary citizens and other people legally going about their business.****

The thing is, that cop KNEW the guy was ok. The cop also knew that he, technically, didn't have the proper documents under the poorly written law.

So the cop made a decision, and on the fly, decided to put the matter before a judge, WITHOUT arrest. He made a judgment call that he isn't allowed to do, under this very bad law.%%%%

This is very embarrassing to the individual. But, it also may help getting a horrible law overturned.


****Alabama cops got a 4-hour training course on this law. Immigration officials gets 8 weeks, minimum, of intensive training.

&&&&On edit, I've been thinking. One point to bring up in challenge to this law is that LEOs routinely have the discretion to ticket you, and have a judge sort it out, or give you time to comply when it comes to traffic enforcement, zoning, etc....so why don't cops have this discretion written into this law?

All this from a state too lazy to adopt E-Verify. Right--because then, EVERYONE would have to be checked out....

[Doughboy71]

55. They may not move...

But this isn't exactly a very good ad for any new ones in their town.

[pitohui]

2. that's pretty whack

before they set up the checkpoint why don't they train these officers in how to recognize a green card and an international driver's license so that the legit workers can be about their business without all this harassment?

the ticket was dismissed, fine, but it should never have been issued at all if the man held the documents mentioned in this article

[Fumesucker]

5. It's about intimidation, not enforcing the law..

That's what a lot of "law enforcement" actions are about, creating an atmosphere of fear.

[aquart]

6. An innocent man was publicly shamed and treated like a criminal.

Dismissing the false charges is insufficient.

[msanthrope]

34. See my post at 31. The cop didn't follow the law.

I hope this case is useful to getting the whole law overturned.

[MadMaddie]

12. If the officers can't get passed the skin color

it doesn't matter if these foreign workers have their leader of the country standing by them....they are going to get arrested.

This is nothing but legalized racism...

People think the Japanese and other foreign auto makers will not shut their plants down...those cultures take social insults very seriously and these backass bastards don't understand..

[annabanana]

4. Lord that's funny.. How long will the stupid law be on the books?

Just how benighted does Dixie continue to be?

[msanthrope]

29. Depends on the court challenges. There's already a few chips at it--

You have federal challenges in Montgomery, Birmingham, and Atlanta.

[madrchsod]

7. wow...i don`t want to think just how pissed off honda is

this is a HUGE mistake on the part of alabama. they won`t move from bama but there is going to be a lot of people kissing honda corporate ass.

[Odin2005]

8. The idiot bigots in Alabama are getting a Karma lesson.

[KT2000]

9. this will make the rounds

Business journals, Dept. of Commerce, State Dept., books about doing business in America.
What a bunch of asses.

[SpiralHawk]

11. Whoa on the road blocks to check ID

freaking ugly. Not the America my ancestors worked and sacrificed to bring into being, or the one that I continue to work and sacrifice for. All that darkside totalitarian republicon stuff is the exact opposite of the American ideals that made this nation great.

[CreekDog]

18. THIS is what so many posters seem to be missing --document checkpoints!

that does smack of Nazi Germany. absolutely.

[SpiralHawk]

27. Yup. This is the freaking 'homeland' the republicons have been foisting

on the formerly free USA.

[ZombieHorde]

20. All in the name of xenophobia. nt

[alp227]

13. I wonder if the police officer has relatives who served in WWII?

just a thought.

And wouldn't Alabamans view the Japanese man as a "job creator", using RWTP?

[alp227]

14. Wall street journal: "Law Tests Alabama's Appeal" (to foreign investors)

Google the title in quotes and click within results for full article:

The checkpoint wasn't aimed at nabbing illegal immigrants, but rather at reducing crime and closing outstanding warrants, said Leeds police chief Byron Jackson.

The charge against Mr. Yada was dropped Thursday after he provided proof that he had a Japanese license, Mr. Jackson said.

Two weeks earlier, a Mercedes-Benz executive was arrested in Tuscaloosa County, also for failing to produce a valid driver's license. He was taken into custody at the police station, and later released on his own recognizance bond after a fellow employee brought his German license. The charge eventually was dropped.

Under the law, failure to produce a driver's license is a misdemeanor.

Some economic-development leaders say their jobs have become more difficult as a result of episodes like these, as well as national and international criticism that the immigration law harks back to Alabama's racist past.

[DBoon]

25. "The checkpoint wasn't aimed at nabbing illegal immigrants"

Bullshit

[saras]

26. They "close outstanding warrants" by random roadblocks instead of arresting the guilty? WTF?

In other states, they look up the person's residence, place of work, car registration, etc. Here they set up roadblocks and look for people at random.

Are they simultaneously too stupid to hunt people down, and so drowning in excess manpower and equipment that they roadblock a whole state and check everyone to find a few people with outstanding warrants?

Stupid and evil simultaneously. Wow.

[MilesColtrane]

15. "swingeing"?

Must be a Brit thing.

[wordpix]

22. It's an Alabama thing -

Swingeing was traditional in Ala. between the Civil War and integration--- you know, swing on a noose or get burned in your house or church. Southern hospitality for "outsiders."

[msanthrope]

33. 'Draconian' in Brit-speak. nt

[sofa king]

36. One of Shake's words.

"Go, fetch them hither: if they deny to come,

Swinge me them soundly forth unto their husbands:

Away, I say, and bring them hither straight."

--The Taming of the Shrew, Act 5, Scene 2.

[MilesColtrane]

47. Those English think they're so fancy with their literate reporters!

Merican ain't good enough for 'em?

[jberryhill]

17. LOFRMAO

[msanthrope]

28. Point of law--there's no provision for 'ticketing' in law. This guy was supposed to be 'detained.'

But I'm guessing the cops didn't want an embarrassing arrest on the heels of the Benz official. So they settled for a ticket, and relied on a judge to do the job of the legislature.


It's an interesting way of local cops flouting the provisions of a law they may not want....

[jberryhill]

38. "detained" can mean things short of arrest

When you at being written a ticket, you are being briefly detained.

[msanthrope]

39. Detained pending verification under 8 USC 1373, is the specific language.

Further language specifically excludes the officer from making the determination without verification from the feds.


"Section 12. (a) Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the citizenship and immigration status of the person, except if the determination may hinder or obstruct an investigation. Such determination shall be made by contacting the federal government pursuant to 8 U.S.C. § 1373(c) and relying upon any verification provided by the federal government.

(b) Any alien who is arrested and booked into custody shall have his or her immigration status determined pursuant to 8 U.S.C. § 1373(c). The alien’s immigration status shall be verified by contacting the federal government pursuant to 8 U.S.C. § 1373(c) within 24 hours of the time of the alien’s arrest. If for any reason federal verification pursuant to 8 U.S.C. § 1373(c) is delayed beyond the time that the alien would otherwise be released from custody, the alien shall be released from custody.

(c) A law enforcement officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. A law enforcement officer may not consider race, color, or national origin in implementing the requirements of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 1901."

http://latinorebels.com/2011/10/05/the-full-text-of-alabama-immigration-law-hb-56/

There's no provision for ticket writing and later appearance. There's no provision for release from detention within 24 hours without verification from the feds.

And the provision that I bolded is repeated throughout the statute. So a cop can't just look at your papers and let you go--a cop has to run you through SAVE.

I'd love to see the actual ticket. I wonder if it was a simple failure to produce a license, or the like.

[McCamy Taylor]

19. ROFLMAO! I saw this coming from a mile away.

[ZombieHorde]

21. Another racist/xenophobic win. Lame.

White Power folks are definitely happy.

[freshwest]

23. That's a good one! I know some people in MO that are still smarting over loss of GM jobs.

[leveymg]

30. Talk about biting the hand that feeds them.

Southern cops and legislatures - amazingly stupid.

[msanthrope]

32. There is a Hyundai plant in AL, too. Think they'll go 3 for 3? They've got the Germans,

and the Japanese, already. Maybe they'll try to complete the set by setting up a checkpoint outside the Hyundai plant and snare themselves a Korean.

All this from a state too lazy to implement E-Verify.....

[Gringostan]

35. What was he ticked for???

What was he ticked for???

[msanthrope]

40. I'd love to see the actual ticket. As I point out upthread, there's no

provision to ticket under this statute.

I think the cop might have made a 'Hey, let me ticket and a judge can sort it out' rather than a 'let me arrest the dude I suspect is legal' decision.

[trof]

37. We in Alabama provide comic relief to the rest of the nation.

WE'RE NUMBER ONE!!!
:rofl:

[msanthrope]

41. Are you going to arrest a Korean executive outside the Hyundai plant, and complete the set?

I think y'all should go three for three!

[trof]

44. That AND a Chinese guy who's only PLANNING to locate a plant here.

Seriously, the Royal Dragon (or some such) copper tubing factory was looking at locating in Alabama.
A Chinese corporation.
Now?
Maybe not so much.
By god WE'LL keep them damn furriners out.
:eyes:

[sarcasmo]

42. Good ole police state check points, USA, USA.

[JNelson6563]

43. Is Alabama a right to work state?

If you're going to host foreign companies, there might be foreign visitors. I guess Alabama was happier when the profits were just shipped back over-seas. Bringin' them funny lookin' foreigners here in person, well that's a different story.

Oy.

Julie

[Name removed]

45. Deleted message

Message removed by moderator. Click here to review the message board rules.

[coalition_unwilling]

46. Worth the time to read the full article from the Guardian. Crops

rotting in fields and construction projects abandoned. Way to go, Alabama. (I have relatives who live in Auburn, but I refuse to visit them or spend any money whatsoever supporting their insanely zenophobic state.)

[ThoughtCriminal]

48. Hey What?!

The Republicans FORGOT to include an exemption for foreign 1%-ers? What were they thinking? How did that happen?

[bertman]

49. I wonder if the judge who 'put him out of his misery' said "So solly".

[underpants]

50. I guess the exec had too much class to say "Do you realize that I am you and your neigbors master?"

boy THAT would been ironic

[krabigirl]

51. WTF!

[bluedigger]

52. Friend and his sister had their car tossed by Nevada troopers the other day.

No drugs.

No charges.

Can't fly.

Can't drive.

The Clash - Clampdown

I won't be traveling in Alabama if I can avoid it.

[Marnie]

53. To arrest one foreign car-making executive...

To arrest one foreign car-making executive under Alabama's new tough immigration laws may be regarded as a misfortune; to arrest a second looks like carelessness.

A mis quote from Lady Bracknell in The "Importance of Being Earnest," Oscar Wilde's superb farce.

"Lady Bracknell. To lose one parent, Mr. Worthing, may be regarded as a misfortune; to lose both looks like carelessness."

[Endangered Specie]

54. A German and a Japanese... someone must not have been told...

WWII is over!