ANOTHER month, another court, another plank of Alabama's controversial immigration law enjoined. Last month a federal district court enjoined Alabama from enforcing the most controversial part of its law: the one making it a crime to conceal, harbour or transport illegal immigrants, along with three others related to employment. Last Friday a federal appellate court enjoined another two sections: one that makes it a crime for illegal immigrants not to have proper identity documentation, and another that requires Alabama's public schools to check their students' immigration status. That latter plank reportedly caused hundreds of Latino students to withdraw from Alabama's public schools. Perhaps the law's proponents are happy about this; perhaps they will argue that because their parents brought them to America illegally, they had no claim on any public service (for that same reason, perhaps these students' parents don't deserve water, either).
But I defy them to read this dispatch from Alabama and cheer. One woman is too scared to leave her apartment. Another family flees in the middle of the night, heading for North Carolina because the police followed the father home from work. A law office draws up papers detailing how eight- and ten-year-old children should be cared for if both of their parents should be seized. Students who look Hispanic receive print-outs explaining the harsh new law. These are people living in terror of a government with vastly expanded new powers—and to what end? Let's assume Alabama's crack state troopers had the resources to round up every single undocumented immigrant in Alabama: what would that do? Would it make the state any better off? Its unemployment rate is already high, crops are already rotting in the field; the opportunity exists for unemployed Alabamans to pick them and get paid for it. Apparently, they don't want to. And small wonder, too: it is backbreaking labour (a Georgia field worker who I interviewed for a previous piece—an undocumented immigrant who had been picking onions in Vidalia for 18 years—said that in the entire time he had been working in the fields he had never worked with a white or black person—only with other Latinos). Proponents say that illegal means illegal, and they shouldn't be here anyway. Well, fine. But they are here and they do work that benefits the rest of the state.
As it happens, Georgia's immigration law is slightly less harsh than Alabama's, but also modelled on Arizona's. It passed just before harvest time in a heavily agricultural state. The Georgia Fruit and Vegetable Growers Association released a report showing economic losses incurred by their members after the law passed. It is depressing, but not surprising. More than 80% of respondents, by acreage, experienced labour shortages of around 40% compared with normal peak-harvest employment, leading to losses in seven spring crops of $75m. Assuming the survey respondents are representative, total statewide losses in those seven crops would be nearly twice that. Factor in goods and services and the total rises to $181m—and again, that is from just seven crops, harvesting of which appears to rely on the labour of undocumented immigrants; that says nothing about other crops, or about Georgia's sizable poultry and construction industries. More than one-third of farmers surveyed plan to decrease acreage in 2012. Why plant it if the crop is just going to rot in the field?
Most of Alabama's immigration law has been upheld, and the enjoined sections will get their day in court too (though it will likely not turn out well for those sections: to have an injunction granted pending appeal, petitioners have to show "a substantial likelihood that they will prevail on the merits of the appeal"). States may well have the right to rigorously enforce federal immigration law, but again, to what end? People (and undocumented immigrants may not be Americans, but they are still people) do not uproot themselves from their country and family to go someplace where they don't speak the language and get paid peanuts just for the fun of it. They do it for economic opportunities that do not exist in their home country. Like it or not they are a part of America's labour market. Simply removing them may be legal, but it is a demonstrably bad idea. Just ask Georgia's farmers.



Readers' comments
The Economist welcomes your views. Please stay on topic and be respectful of other readers. Review our comments policy.
Sort:
I'll cheer. In fact, I resent Federal Courts telling Alabama citizens they must pay for the breakers and treat them like CITIZENS. I don't know who wrote this article, but if you want to pay for these illegal aliens' education and welfare...PLEASE DO SO. But until the time you steps up and pays your money, why don't you stick to subjects you're willing to pay for.
Seems EVERYBODY has opinions these days and sensitivities. We can no longer afford them.
It seems that Alabama's new laws are having a negative impact on illegal citizens' lives, and while these new laws may be harsh, at least Alabama is attacking this situation. It is true that illegal citizens tend to do a lot of the back-breaking labor that many Americans don't care to perform anymore. It is great if a state decides they want to bring in immigrants to fill positions other don't care for. However, if a state wants to go this route they should make it easier for them to become legal and live in the law of the country. Having illegals working in an area is really not helping the economy in the long run. Sure they may be performing jobs that would otherwise be left vacant, but they are also draining the local economy by not paying taxes and taking advantage of free public services like public school for their children. If a state doesn't want to make the illegals legal then they should be taking actions like Alabama is. Having illegals inhabit an area doesn't really help the area or the illegals themselves. Alabama can hope that by driving the illegals out, local citizens will take up the previously undesirable jobs as demand increases in these positions.
On illegal immigration:
1-Those who wish to be employed as seasonal farm workers should have a temporary work permit. There is no reason to assume that removal of illegals will impact farm labor in the least, assuming that current labor laws for seasonal workers are implemented.
2-There is nearly 10% unemployment. Let Americans harvest crops. I have done it before, and I survived. Those who are "too good" for physical labor are not an asset to our nation.
3-Stop US corn subsidies, this will help price Mexican corn back in the market and reduce the number of farm workers who flee to the US.
4-I am thoroughly disgusted by those who conflate border security policy with "hatred" "ignorance" and "bigotry." Using slander is really not an intelligent way to bolster your own argument. I am sad to see that readers of the Economist who comment here fall into this category
5-Stop meddling with the market in the food economy. When I was a child, food took up a much higher percentage of our income, and we were all much slimmer and healthier. Let them pay fair wages and let the market do the rest.
This is a very difficult issue due to a variety of reasons. It is not a child's fault in any way if their parents are seized. They have to be taken care of in some fashion. The shortages in farming labor also explains why immigrants are necessary. The author and research in this article could be highly biased, but then again maybe hes not.
Another difficult of immigration law is that transporting and aiding illegal immigrants is not illegal. Illegal immigrants have violated U.S. Law by unauthorized entry into this country or staying after a visa has expired. This is a criminal act. Aiding a criminal is illegal so that part of the law should stand.
bampbs - I know you jest, but I'm also pretty sure that most of those who are opposed to unskilled immigration would also agree with transitioning today's able-bodied welfare receipients into those jobs that 'Americans won't do.' And why not--does it not make sense?
I can think of only one reason we would not go that way, and that reason is crime. This is the last ace the poor can play--give us money and benefits or else we'll make the country unsafe for persons and properties. And smart people know it costs less to keep someone on the dole than it does to lock them up. So we choose the lesser of evils, economically and morally.
And it would be no trouble at all if we could negotiate to send back one of our unproductive people for every one of the hungry hard workers who wants to come here and toil in the fields and packing houses. But something tells me that's not in the cards politically.
Look - no one is against LEGAL immigration. But this is the economist - so let's do the math.
$10/ hour job - 2040 work hours in a year = $20,400 pay
Cost of 1 year of school per child - $18,000 (California)
Cost of free medical/other benefits = X (I don't know)
Payment of federal taxes = $0 (they are illegal)
Payment of state taxes = $0
Maybe they pay 6% social security on an illegally obtain SS number
So with two children - EVERYONE else that pay's property taxes pays for these children's education and everything else. There is NO WAY that they cover even 1/2 of their expenses.
So - who is really getting subsidized is the business owner who is using labor that everyone else pays for ...
And NO ONE talks about the people whose SS numbers are stolen - have you ever had to deal with that mess????
Interestingly here in CA the school districts want the illegals - they get more federal tax dollars support per child - we had two schools actually fly the Mexican Flag here until the uproar was too great.
If you REALLY want to know the long-term effects of unrestricted immigration, ask the American Indians.
Sounds like an undergraduate essay. You are basically saying nations should encourage or at least turn a blind eye to scab labour. The Alabama law is just and the UK should have a similar one. Just one other point : your undergraduate mind addled with cultural marxism assumes that because one rarely sees a non-immigrant working in the fields that this is his choice. Could it be that as in the UK the employers do not want to use indigenous labour and will nor recruit them.
There is no need for all these new immigration laws to be passed. They are clearly not hurting anyone, they are helping us do the jobs that no Americans are willing to do.
Americans will never come to an agreement on immigration laws, and immigration is unlikely to be effectively stopped without drastic measures. Immigration and immigrants will continue to be good scape goats for government problems, however.
The basic arguement is illegal workers are also humans and hence be permitted to continue their illegal employment. Local salary levels are too low to attract local workers.This is the root cause. If illegal workers are not permitted, salary levels will rise and the problem will get corrected. If the article's basic defence of illegal employment is extended across sectors from truck drivers to Information Technology workers from India, then there will be chaos all over. Two wrongs do not make one right. If the price of agricultural commodities and farm labour ( using americal labour ) cost rise, so be it.
@Gallienus
No you are wrong. Like David USA I have difficulty finding adequately qualified engineers. The wages we offer are driven by the market and have continued to exceed inflation despite the high unemployment.
As for your comment on "easy" green cards you are clearly very uninformed as to how long, expensive and convoluted it is to get an employment based green card. Typical processing times are about 5-7 years.
States creating their own immigration laws should be a sign to the U.S. government that they should step up to the plate and alter the federal law. As far as letting millions of dollars of crops rot in the field, thats a sad situation considering the number of starving people on the planet. Overall, a change needs to be made to the immigration policy across the board, at least to unify it.
You know what, amazingly enough, the federal government has a solution for this whole thing: the H-2A Temporary Agricultural Worker visa. Just as my mother had to deal with the legal immigration system in order to come to the U.S., get her Ph.D., get married, get various jobs, and eventually get citizenship, the illegal aliens who pick onions can -- believe it or not -- get visas to come in and work, and incidentally receive the full benefits of government protection (OSHA, worker's comp, health inspectors to check their living quarters, and so on) as well as pay the taxes due on their income.
Golly, who would have ever guessed that such a program could exist?? What a well-kept secret it must be.
Immigration is one of the biggest problems in United States now. Even though United States government tried to block them with harshier laws, immigration is still increasing. Many people thinks that immigration always causes problem in society and does not offer any benefit for community. However many immigrants worked hard in society and devoted themselves for community. However it is also true that as extremely huge number of immigrants came, there are also crimes that are committed by immigrants. Immigration problem is not an easy problem to solve. It is a time comsumming problem.
You may have hit on the reason that no legal residents will take the work of illegal immigrants: they "get paid peanuts". Permitting illegal immigrants to be here is large, hidden cost of food in the grocery store. Clearly, Americans are not starving and the cost of food as a percentage of net income, for most, keeps falling. Food should cost what it takes to legally produce and market, not more, not less.
I'm for a totally open border, but during this eurocrisis period, the US should help the world and send all the 2011, 2012 latino immigrants to Greece, Greece's economy would grow by leaps and bounds, eurocrisis solved.
The USA needs to become more latino, their work ethic and culture is far superior to America's, that is why latin american countries are so wonderfull to live in. Just don't let any Swedes or Japanese immigrate, boring culture, high suicide rate, sterile.
The US has to increase the number of low skilled workers in order to compete with China. California has opened its borders to unskilled workers and their economy is on fire.
I've made a mistake! we are 50... we are not 30 states! we are 57 states as King obama claimed on his campaign. hahahahaha