Alabama's Immigration Law Impacts Department of Public Health
Alabama Department of Public Health delays licensing process.
Recently, the Alabama Department of Public Health sent letters to all businesses it regulates advising them that the renewal of licenses for 2012 and the processing of new licenses has been impacted by the new Immigration Law. The ADPH is taking the position that the license is a public benefit, and thus covered by the law. ADPH believes that it will take 2-4 weeks to determine what needs to be done to comply with the law to show that individual owners of regulated businesses are citizens or legally present in Alabama. With a calendar year renewal process, it is likely that there will be delays in issuing 2012 licenses. A similar situation occurred for 2011 licenses, when the licenses were required to be printed on a new type of paper, and many licenses were not issued until March, 2011. Among those businesses impacted by the ADPH are abortion clinics, hospitals, ambulatory care centers, end stage renal disease facilities, hospice, home health care, rehabilitation centers, sleep disorder clinics and restaurants.
Practice pointer. I anticipate that the licensing process will be delayed into 2012, and regulated businesses will need to continue operating with licenses that technically expire in 2011. Also, those regulated by the ADPH will need to comply with whatever new forms and documents are adopted. Finally, ADPH, already short staffed, will incur additional time and expense in complying with the law. We have already seen the impact on drivers licenses. Be on the lookout for other state agencies that will be implementing new requirements for licenses, such as building trade licenses (plumbing, electrical, HVAC, etc), Department of Mental Health, Medical Board, Nursing Board, etc.
First Immigration Convictions Reported
Al.com is reporting that 4 individuals were arrested following 2 traffic stops in Decatur late Sunday/early Monday. The 4 pleaded guilty to misdemeanor charges of not having proper documentation. They were sentenced to a 30 day suspended jail term and fined $300 plus court costs. They are being held in custody pending a decision by federal immigration authorities as to whether they will be deported or not.
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