1 year ago

Though Alabama has few DACA recipients, state joined legal challenge

Alabama has only a small number of illegal immigrants enrolled in a quasi-amnesty program created by former President Barack Obama’s administration, but that did not stop the state from joining the legal effort to tear it down.

Alabama this week was one of six states to sign on to a lawsuit led by Texas against the Deferred Action for Childhood Arrivals program.

The states — which also include Arkansas, Louisiana, Nebraska, South Carolina and West Virginia — argue that the Obama administration exceeded its constitutional authority in 2012 when the Department of Homeland Security created DACA. The program, available to illegal immigrants who came to the United States as children by June 2007 and meet certain other criteria, offers protection from deportation and two-year, renewable work permits.

Nearly 700,000 people have DACA status. As of September, when President Donald Trump announced he would rescind the executive action that created DACA, Texas had about 113,000 of those beneficiaries. But U.S Citizenship and Immigration Services statistics indicate Alabama had just 3,900 — about 6 tenths of 1 percent of the total.

Despite those numbers, Alabama Attorney General Steve Marshall argues larger constitutional principles are worth fighting for.

“It’s the broader position of making sure the framework of the Constitution … in fact remains intact,” he said in an interview.

The states filed their lawsuit in the federal court in Brownsville and on Wednesday asked U.S. District Judge Andrew Hanen to put DACA on ice while the litigation proceeds. Hanen is the same judge who blocked the Obama administration from implementing a wider amnesty program, Deferred Acton for the Parents of Americans.

“This really is a continuation of an effort that began in 2014,” Marshall said, referring to the DAPA suit, to which Alabama also was a party.

Since becoming attorney general in February last year, Marshall has continued the practice of his predecessor, Luther Strange, of weighing in on national legal disputes. Marshall was part of a 10-state coalition that last year threatened to sue the Trump administration over DACA.

That threat is part of the reason why Trump moved against DACA. He delayed carrying out the order for six months to give Congress time to codify DACA in law. But lawmakers and the administration failed to reach consensus on a proposal to grant full amnesty to illegal immigrants who grew up in the United States in exchange for border security measures and reductions in legal immigration that the president demanded.

As the March deadline came, however, federal judges across the country issued orders keeping DACA in place. Federal judges in San Francisco, Brooklyn and Washington separately have ruled that the Trump administration failed to follow proper procedure and relied on an erroneous conclusion about the legality of the program.

The latest ruling, by Senior U.S. District Judge Jon Bates, not only ordered the administration to keep DACA in place for existing beneficiaries but to begin accepting new applications, as well.

“What we’ve seen here in the last little while is activist judges in California, New York and Washington attacking the recision, which we think was correct,” he said.

Marshall said he hopes the suit filed in Texas this week proceeds on a fast track. Hanen is familiar with the issue, and Marshall argued that the legal arguments related to DACA are identical to those involving DAPA.

“Our position is that it does not require extensive fact finding,” he said. “DAPA and DACA are almost analogous in terms of how they arose.”

Legal experts have pointed to a possible hurdle facing Alabama and the other states — the three orders already in place protecting DACA.

But Marshall said the suit in Texas stakes out different legal territory. Those court orders dealt with actions of the Trump administration. Marshall said the latest litigation challenges the legality of the DACA program, itself.

“It goes even further back in time,” he said.

Given the conflicting court rulings already on the books — a federal judge in Maryland upheld the right of the Trump administration to end DACA — Marshall said he expects the case ultimately to be decided by the Supreme Court.

If Alabama, Texas and the other states prevail, it would not stop Congress from granting amnesty if lawmakers chose. Marshall declined to say whether Congress should do that.

“I’m not here to tell Congress what to do. … One of the things that this case reaffirms is that it is the role of Congress to exercise legislative authority, and it is the role of the executive branch to enforce those laws,” he said.

@BrendanKKirby is a senior political reporter at LifeZette and author of “Wicked Mobile.”

 

26 mins ago

On this day in Alabama history: Alabama legislature ratified the 19th Amendment

Sept. 19, 1953

The fight for the right for women to vote officially ended in 1920 when Tennessee became the 36th state to ratify the 19th Amendment to the U.S. Constitution. In Alabama, there was an active suffragist movement, led by the Alabama Equal Suffrage Association, but opposition by some Alabama groups resulted in the Legislature not taking up the amendment, and after Tennessee signed on the issue was moot. Thirty-three years later, the Legislature decided to “record its approval of extending the right of suffrage to women” and officially ratified the 19th Amendment. Although the Alabama Equal Suffrage Association dissolved in 1920, many of its leaders and members joined the newly founded League of Women Voters, which remains active today in Alabama elections.

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1 hour ago

Canfield elected chair of Alabama Commission on Artificial Intelligence, Waggoner vice-chair

The Alabama Commission on Artificial Intelligence (AI) and Associated Technologies recently held its inaugural meeting, at which commission members elected Alabama Department of Commerce Secretary Greg Canfield as chairman and State Senator Jabo Waggoner (R-Vestavia Hills) as vice-chairman.

The commission plans to schedule additional meetings over the next seven months, with all meetings being open to the public.

The members will deliver a report in May to Governor Kay Ivey and the Alabama Legislature, recommending strategies and policies on how AI and other emerging technologies will be of benefit to the Yellowhammer State’s economy.

In a statement on Thursday, Canfield explained the importance of the commission’s work.

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“Artificial intelligence is a powerful, disruptive technology that has the potential to forever change the way we live our lives and how businesses across Alabama operate,” he emphasized.

“It’s critical that we understand how AI will bring about these sweeping changes, and this Commission will help us develop insights into what the future has in store for Alabama’s citizens and businesses,” Canfield concluded.

Waggoner spearheaded the legislative resolution that formed the commission. His leadership has been, and continues to be instrumental, in this process. The powerful chair of the Senate Rules Committee identified the goal of Alabama being on the cutting edge of AI research and job creation in the technology sector.

“We want Alabama to be a leader in AI research, innovation, technology start-ups, and technology jobs,” Waggoner stated. We believe that we are competitive with other states.”

He continued, “The Commission will look at how Alabama is positioned and ready for the opportunities of tomorrow. Those are some of the issues and questions this Commission is going to answer. We will meet with key business groups and different industry sectors to understand the impact of AI and automation on their industries.”

According to Waggoner, the commission will also examine how schools and universities can develop AI-educational programs, and investigate what privacy safeguards might be needed to protect consumers.

“We want Alabama’s education system in a place where we can equip students with AI-relevant skills through engineering and technology classes and apprenticeship programs,” he added. “As we promote innovation and educational readiness, we must also protect the privacy rights of citizens, and examine whether existing state laws are effective in regulating these emerging technologies. There’s a lot of work ahead.”

The commission will be divided up into five sub-committees, focused on the following:

  • state regulations, government oversight, and potential legislative action;
  • education and workforce development;
  • healthcare and medical services;
  • future and evolving industries, economic development, and research;
  • ethics, privacy and security.

The subcommittees will begin their work in mid-October.

State Senator Dan Roberts (R-Mountain Brook) was appointed to the commission by Senate President Pro Tem Del Marsh (R-Anniston). Roberts came away from the body’s initial meeting impressed at the experience and expertise of its membership.

“Artificial intelligence, machine learning, and deep learning are very complex subjects. Thankfully, I think we have some of the finest minds in our state working on this project. The sub committees that have been established will allow every person on the commission to hone in on their particular areas of expertise,” Roberts outlined.

The 25 members of the commission are as follows:

Greg Canfield – Secretary of Commerce (chairman)

Marty Redden – Acting secretary of the Alabama Office of Information Technology

Ivey’s appointees:

1. Dr. Hari Narayanan— Auburn

2. Dr. Gerry Dozier— Auburn

3. Dr. Jeff Carver – UA (Tuscaloosa)

4. Dr. Curt Carver – UAB

5. Dr. Alec Yasinac – USA

6. Dr. John Beck – UAH

7. Dr. James Cimino – UAB

8. Melvin Evans – Hand Arendall

9. Jim McLane – NaphCare

10. Jacob Kosoff – Regions Bank

Lt. Governor Will Ainsworth’s appointees:

Joshua Jones – StrategyWise

Dr. Vicki Karolewics – Wallace State Community College

Speaker of the House Mac McCutcheon’s appointees:

Rep. Kirk Hatcher

Rep. Craig Lipscomb

Marsh’ appointees:

Sen. Jabo Waggoner (Vice-chair)

Sen. Dan Roberts

Non-Voting members appointed by the governor:

J. Michael Hardin – Provost & vice president at Samford University

John Brandt – Southern Company

Leonard Tillman – Balch & Bingham

Mike Rowell – Senior VP & CIO at ALFA Insurance

James Mizell – Senior account executive at Microsoft

Jason Asbury – NXTsoft

Dr. Syed Raza – Jefferson State Community College

An Alabama CEO, also a commission member, said artificial intelligence is on the cusp of transforming every industry.

“Artificial intelligence is rapidly changing every industry, and it is incredibly important for us as a state to think strategically about what that means to our economy,” advised Joshua Jones, CEO of Birmingham-based StrategyWise, an AI and data science consulting firm.

He concluded, “I applaud Senator Waggoner and Secretary Canfield for leading Alabama to be one of the first states to really address these opportunities and changing dynamics systematically. It sends a message to the rest of the U.S. that Alabama is serious about investing in our future, and we’re growing our tech-based ecosystem. For companies that want to leverage all that AI has to offer, we’re going to be prepared with a trained workforce, accommodating public policy, and a strong tech infrastructure.”

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

2 hours ago

Decatur Mayor Tab Bowling open to Tennessee River toll bridge — If that moves freight, freight companies, truckers ‘would just be thrilled to do it’

For decades, traffic headed west from Huntsville and other points toward the Shoals has relied upon the Captain William J. Hudson “Steamboat Bill” Memorial Bridges to cross the Tennessee River into Decatur. Once traffic crosses that bridge, it either heads south on U.S. Highway 31 toward Hartselle and Cullman, or it makes a hard-right 90-degree turn on to U.S. Highway Alternate 72 and heads toward Muscle Shoals, Tuscumbia and Sheffield.

As the manufacturing base in northern Alabama expands, freight traffic is expected to increase at that intersection and make the turn west even more precarious for commuters and commercial traffic.

During an appearance on Huntsville radio’s WVNN on Wednesday, Decatur Mayor Tab Bowling discussed that spot and possible solutions for the future, which could include a tolling component.

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“If you were to go now and sit in the Doubletree Hotel, which is where you’re talking about there where you make that turn to go to the Shoals, and just look at the amount of freight that comes in out of Memphis — Memphis is the distribution hub for America,” Bowling said on Wednesday’s broadcast of “The Jeff Poor Show.” “And that freight that comes out of Memphis, straight down [U.S. Highway Alternate] 72, and then it makes its way across our bridge and goes various routes from there — into Huntsville, Madison, Athens, gets on [Interstate] 65, has different directions it can go from there. But whenever we start producing a thousand cars a day, we have 4,000 employees plus the tiered suppliers who will be there. The amount of freight that will come in to take care of that I believe is going to double.”

Bowling noted the situation at the Hyundai facility near Montgomery as a sign of what is to come and commended Gov. Kay Ivey for the commitment to widen the existing Interstate 565 that connects Decatur and Huntsville.

“We visited the Hyundai facility manufacturing a thousand cars a day just south of Montgomery — just-in-time deliveries: batteries, tires, things of that nature — they receive a truck a minute,” he continued. “You think widening [Interstate] 565 is important? Heck yeah, it’s important. We’re thankful Gov. Ivey is going to get that done for us in the Spring of 2020.”

The Decatur mayor said the completion of a nearby overpass for Alabama Highway 20 remains his current top priority.  Once that is completed, Bowling said exploring the possibility of an alternate route over the Tennessee River would be appropriate.

“We’re working on an overpass on [Alabama] Highway 20 where Apple Lane Farms is,” he said. “That’s Decatur, and that’s a build grant that we received for $14 million from the Federal Highway Department. We’re very thankful for that. A lot of people made that happen. Once that project gets going, then we’ll start working on the other. But we want to be sure we do everything to make sure that project gets going first.”

As for the possibility of using tolls to finance a new bridge, Bowling said he expected that those moving freight would be “thrilled” if it expedited transit and that if it would improve commuter traffic on existing structures, it could be a possibility.

“If that moves freight, I would believe that the freight companies, the truckers would just be thrilled to do it,” Bowling explained. “If we were to take the trucks off of the [U.S.] Highway 31 bridges, I believe that our commuter traffic — it would be a lot easier to make that commute. And so, we’ll see what we can do. We’ll come up with a traffic plan. We’ll do traffic counts. Things to prove it out.”

@Jeff_Poor is a graduate of Auburn University, the editor of Breitbart TV and host of “The Jeff Poor Show” from 2-5 p.m. on WVNN in Huntsville.

3 hours ago

Patriot Flag to be displayed in Mobile on Thursday to honor fallen American heroes

The Patriot Flag will be displayed at the USS Alabama in Mobile on Thursday, September 19.

According to WALA Fox 10, the flag is currently on a national tour intended to honor and thank fallen American men and women who made the ultimate sacrifice for our nation’s freedom and safety.

Measuring 28 by 60.5 feet and weighing 50 pounds, the Patriot Flag’s nationwide journey began on the 15th Anniversary of 9/11 when the flag was displayed at all three locations that were attacked by radical Islamic terrorists. The tour will end in 2021, on the 20th anniversary of the attacks.

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On Thursday, the flag will be unfurled at 3:00 p.m. at Battleship Memorial Park. Mobile Fire-Rescue firefighters will assist.

You can read more about the tour and see photos from previous stops here.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

3 hours ago

Byrne applauds Trump administration for rescinding WOTUS rule; Says Mobile Baykeeper ‘absolutely wrong’ about environmental threat

Last week, the Trump administration rescinded the Obama-era “Waters of the U.S.” (WOTUS) rule, which broadened the scope of “waters” protected by the Clean Water Act.

The rule faced numerous legal challenges and was decried by farmers as an overreach.

During an appearance on Huntsville radio’s WVNN on Wednesday, U.S. Rep. Bradley Byrne (R-Fairhope), a candidate for the U.S. Senate in 2020, applauded the Trump administration’s decision.

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“There was a power grab by the Obama administration,” Byrne said on “The Jeff Poor Show.” “They wanted to take the traditional understanding about what is the water under the Clean Water Act that the EPA can regulate it and expand it to the point where if a farmer has two or three inches of standing water in their fields, all of a sudden the EPA tells them they can or can’t plant. That’s nonsense.”

“We actually had some legislation previously on it, but the Trump administration has just rescinded that rule,” he continued. “So we have gone back to a more common-sense understanding. I mean, a small pond in your yard is not something that should be regulated by the EPA. Some standing water in a big field is not something that should be regulated by the EPA.”

Byrne cited an AL(dot)com story quoting Mobile Baykeeper’s Casi Callaway decrying the move by the Trump administration and warning the impact that revoking the rule could have on the environment.

“Casi is a friend, but she is absolutely wrong about that,” Byrne remarked. “This is just a common-sense change going back to the way it has been for decades. It has worked fine for decades. I really appreciate the Trump administration making this change. And I understand why farmers and other people in other rural parts of Alabama felt so strongly about it.”

@Jeff_Poor is a graduate of Auburn University, the editor of Breitbart TV and host of “The Jeff Poor Show” from 2-5 p.m. on WVNN in Huntsville.