Latin America News Dispatch

The Alabama state legislature.

Dispatches, United States

Text Of Alabama Immigration Law, HB 56

June 9, 2011 By Staff

The Alabama state legislature passed a controversial new immigration bill on June 9 that requires public schools to check students’ immigration status, criminalizes giving an undocumented immigrant a ride, requires employers to use E-Verify to check potential employees’ status, and instructs police to check the immigration status of anyone they stop if they suspect the person of being an undocumented immigrant. View the text of the law, HB 56, below.

Source: Alabama State Legislature.

Image: Thefourthofapril @ Flickr.

Rep(s). By Representatives Hammon, Collins, Patterson, Rich, Nordgren, Merrill, Treadaway, Johnson (R), Roberts, Henry, Bridges, Gaston, Johnson (K), Chesteen, Sanderford, Williams (D), McClendon, Wren, Williams (J), Hubbard (M), Williams (P), Baughn, Moore (B), Long and Canfield

HB56

ENROLLED, An Act,
Relating to illegal immigration; to define terms; to require the Attorney General to attempt to negotiate a Memorandum of Agreement under certain conditions; to require a person to present proof of citizenship and residency before voting; to preclude any state or local government or official from refusing to assist the federal government in the enforcement of federal immigration laws; to prohibit an alien unlawfully present in the United States from receiving any state or local public benefits; to prohibit a person not lawfully present from being eligible on the basis of residence for education benefits; to require business entities or employers seeking economic incentives to verify the employment eligibility of their employees and to provide penalties; to require an illegal alien to possess certain documents already required by federal law and to provide penalties; to prohibit an unauthorized alien from seeking employment in this state and to provide penalties; to require the verification of the legal status of persons by law enforcement officers under certain circumstances; to criminalize certain behavior relating to concealing, harboring, shielding, or attempting to conceal, harbor, or shield unauthorized aliens and to provide penalties; to create the crime of dealing in false identification documents and the crime of vital records identity fraud and to provide penalties; to prohibit a business entity, employer, or public employer from knowingly employing an unauthorized alien and to provide penalties; to prohibit certain deductible business expenses; to make it a discriminatory practice for a business entity or employer to fail to hire a legally present job applicant or discharge an employee while retaining an employee who is an unauthorized alien under certain conditions; to require the verification of legal status of every alien charged with a crime for which bail is required; to amend Section 32-6-9 of the Code of Alabama 1975, relating to driver’s licenses; to require law enforcement to detain any alien whose lawful immigration status cannot be verified under certain conditions; to require notification of the United States Bureau of Immigration and Customs Enforcement and the Alabama Department of Homeland Security when an unlawfully present alien is convicted of state law; to provide for a stay of the provisions of this act when an alien unlawfully present is a victim or critical witness of a crime under certain conditions; to authorize the Alabama Department of Homeland Security to hire state police officers and give the department enforcement power under certain conditions; to provide penalties for solicitation, attempt, or conspiracy to violate this act; to require the Alabama Department of Homeland Security to file a quarterly report with the Legislature under certain conditions; to require the Alabama Department of Homeland Security to establish and maintain an E-Verify employer agent service under certain conditions; to prohibit the enforcement of certain contracts under certain conditions; to require public schools to determine the citizenship and immigration status of students enrolling; to require school districts to compile certain data and submit reports to the State Board of Education; to require the State Board of Education to submit an annual report to the Legislature; to further provide for eligibility and requirements for voter registration; to establish a state election board; to provide duties of the board; to provide that a person may obtain a certified copy of a birth certificate from the Department of Public Health free of charge under certain conditions; to prohibit an alien not lawfully present from entering into a business transaction under certain conditions and provide penalties; to prohibit a landlord from knowingly entering into a rental agreement to harbor an illegal alien and provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.

Section 2. The State of Alabama finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. Because the costs incurred by school districts for the public elementary and secondary education of children who are aliens not lawfully present in the United States can adversely affect the availability of public education resources to students who are United States citizens or are aliens lawfully present in the United States, the State of Alabama determines that there is a compelling need for the State Board of Education to accurately measure and assess the population of students who are aliens not lawfully present in the United States, in order to forecast and plan for any impact that the presence such population may have on publicly funded education in this state. The State of Alabama further finds that certain practices currently allowed in this state impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Alabama. Therefore, the people of the State of Alabama declare that it is a compelling public interest to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The State of Alabama also finds that other measures are necessary to ensure the integrity of various governmental programs and services.

Section 3. For the purposes of this act, the following words shall have the following meanings:

(1) ALIEN. Any person who is not a citizen or national of the United States, as described in 8 U.S.C. § 1101, et seq., and any amendments thereto.

(2) BUSINESS ENTITY. Any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. “Business entity” shall include, but not be limited to the following:

a. Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State.

b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, and any business entity that is operating unlawfully without a business license.

(3) CONTRACTOR. A person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include, but not be limited to, a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity.

(4) EMPLOYEE. Any person directed, allowed, or permitted to perform labor or service of any kind by an employer. The employees of an independent contractor working for a business entity shall not be regarded as the employees of the business entity, for the purposes of this act.

(5) EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household.

(6) EMPLOYMENT. The act of employing or state of being employed, engaged, or hired to perform work or service of any kind or character within the State of Alabama, including any job, task, work, labor, personal services, or any other activity for which compensation is provided, expected, or due, including, but not limited to, all activities conducted by a business entity or employer. This term shall not include casual domestic labor performed in a household on behalf of the occupant of the household or the relationship between a contractor and the employees of a subcontractor performing work for the contractor.

(7) E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. §1324(a), and operated by the United States Department of Homeland Security, or its successor program.

(8) FEDERAL WORK AUTHORIZATION PROGRAM. Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 or the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. §1324(a).

(9) KNOWS or KNOWINGLY. A person acts knowingly or with knowledge with respect to either of the following:

a. The person’s conduct or to attendant circumstances when the person is aware of the nature of the person’s conduct or that those circumstances exist.

b. A result of the person’s conduct when the person is reasonably aware that the person’s conduct is likely to cause that result.

(10) LAWFUL PRESENCE or LAWFULLY PRESENT. A person shall be regarded as an alien unlawfully present in the United States only if the person’s unlawful immigration status has been verified by the federal government pursuant to 8 U.S.C. § 1373(c). No officer of this state or any political subdivision of this state shall attempt to independently make a final determination of an alien’s immigration status. An alien possessing self-identification in any of the following forms is entitled to the presumption that he or she is an alien lawfully present in the United States:

a. A valid, unexpired Alabama driver’s license.

b. A valid, unexpired Alabama nondriver identification card.

c. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.

d. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.

e. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

f. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

(11) POLICY OR PRACTICE. A guiding principle or rule that may be written or adopted through repeated actions or customs, which must be sanctioned by an agency or the head of an agency.

(12) PROTECTIVE SERVICES PROVIDER. A child protective services worker; adult protective services worker; protective services provider; or provider of services to victims of domestic violence, stalking, sexual assault, or human trafficking that receives federal grants under the Victim of Crimes Act, the Violence Against Women Act, or the Family Violence Prevention and Services Act.

(13) PUBLIC EMPLOYER. Every department, agency, or instrumentality of the state or a political subdivision of the state including counties and municipalities.

(14) STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof or any other entity that receives any state monies.

(15) SUBCONTRACTOR. A subcontractor, contract employee, staffing agency, or any contractor, regardless of its tier.

(16) UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3).

Section 4. (a) The Attorney General shall attempt to negotiate the terms of a Memorandum of Agreement between the State of Alabama and the United States Department of Homeland Security, as provided in 8 U.S.C. Section 1357(g), concerning the enforcement of federal immigration laws, detentions and removals, and related investigations in the State of Alabama by certain state law enforcement officers designated by the Attorney General.

(b) The Memorandum of Agreement negotiated pursuant to subsection (a) shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise required by the appropriate federal agency.

(c) A report of the results of the attempt of the Attorney General to enter into a Memorandum of Agreement shall be submitted to the Legislature within six months of the effective date of this act.

Section 5. (a) No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may adopt a policy or practice that limits or restricts the enforcement of federal immigration laws by limiting communication between its officers and federal immigration officials in violation of 8 U.S.C. § 1373 or 8 U.S.C. § 1644, or that restricts its officers in the enforcement of this act. If, in the judgment of the Attorney General of Alabama, an official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court in this state, is in violation of this subsection, the Attorney General shall report any violation of this subsection to the Governor and the state Comptroller and that agency or political subdivision shall not be eligible to receive any funds, grants, or appropriations from the State of Alabama until such violation has ceased and the Attorney General has so certified. Any appeal of the determination of the Attorney General as considered in this section shall be first appealed to the circuit court of the respective jurisdiction in which the alleged offending agency resides.

(b) All state officials, agencies, and personnel, including, but not limited to, an officer of a court of this state, shall fully comply with and, to the full extent permitted by law, support the enforcement of federal law prohibiting the entry into, presence, or residence in the United States of aliens in violation of federal immigration law.

(c) Except as provided by federal law, officials or agencies of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental entity for any of the following official purposes:

(1) Determining the eligibility for any public benefit, service, or license provided by any state, local, or other political subdivision of this state.

(2) Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding of this state.

(3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.

(d) A person who is a United States citizen or an alien who is lawfully present in the United States and is a resident of this state may bring an action in circuit court to challenge any official or head of an agency of this state or political subdivision thereof, including, but not limited to, an officer of a court in this state, that adopts or implements a policy or practice that is in violation of 8 U.S.C. § 1373 or 8 U.S.C. § 1644. If there is a judicial finding that an official or head of an agency, including, but not limited to, an officer of a court in this state, has violated this section, the court shall order that the officer, official, or head of an agency pay a civil penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each day that the policy or practice has remained in effect after the filing of an action pursuant to this section.

(e) A court shall collect the civil penalty prescribed in subsection (d) and remit one half of the civil penalty to the Alabama Department of Homeland Security and the second half shall be remitted to the Department of Public Safety.

(f) Every person working for the State of Alabama or a political subdivision thereof, including, but not limited to, a law enforcement agency in the State of Alabama or a political subdivision thereof, shall have a duty to report violations of this act. Any person who willfully fails to report any violation of this act when the person knows that this act is being violated shall be guilty of obstructing governmental operations as defined in Section 13A-10-2 of the Code of Alabama 1975.

(g) For the purposes of this section, the term “official or head of an agency of this state” shall not include a law enforcement officer or other personnel employed in a jail who is acting within the line and scope of his or her duty.

(h) For the purposes of this act, any proceedings against an official shall be only in his or her official capacity. Each side on any litigation considered within this act shall bear their own costs and fees associated with the litigation unless otherwise ordered by the court. For the purposes of this act, the relevant statute of repose for assessing penalties shall be no more than 30 days prior to the initial allegation of the violations of this act.

Section 6. (a) No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may adopt a policy or practice that limits or restricts the enforcement of this act to less than the full extent permitted by this act or that in any way limits communication between its officers or officials in furtherance of the enforcement of this act. If, in the judgment of the Attorney General of Alabama, an official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, is in violation of this subsection, the Attorney General shall report any violation of this subsection to the Governor and the state Comptroller and that agency or political subdivision shall not be eligible to receive any funds, grants, or appropriations from the State of Alabama until such violation has ceased and the Attorney General has so certified.

(c) Except as provided by this act, officials or agencies of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental entity for any of the following official purposes:

(1) Determining the eligibility for any public benefit, service, or license provided by any state, local, or other political subdivision of this state.

(3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.

(d) A person who is a United States citizen or an alien who is lawfully present in the United States and is a resident of this state may bring an action in circuit court to challenge any official or head of an agency of this state or political subdivision thereof, including, but not limited to, an officer of a court in this state, that adopts or implements a policy or practice that limits or restricts the enforcement of this act to less than the full extent permitted by this act. Such person shall have actual knowledge that any official or head of an agency of this state or political subdivision thereof, including, but not limited to, an officer of a court in this state, has adopted or implemented a policy or practice that limits or restricts the enforcement of this act to less than the full extent permitted by this act. If there is a judicial finding that an official or head of an agency, including, but not limited to, an officer of a court in this state, has violated this section, the court shall order that the officer, official, or head of an agency pay a civil penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each day that the policy or practice has remained in effect after the filing of an action pursuant to this section.

(f) Every person working for the State of Alabama or a political subdivision thereof, including, but not limited to, a law enforcement agency in the State of Alabama or a political subdivision thereof, shall have a duty to report violations of this act. Failure to report any violation of this act when there is reasonable cause to believe that this act is being violated is guilty of obstructing governmental operations as defined in Section 13A-10-2, Code of Alabama 1975, and shall be punishable pursuant to state law.

Section 7. (a) As used in this section, the following terms have the following meanings:

(1) EMERGENCY MEDICAL CONDITION. The same meaning as provided in 42 U.S.C. § 1396b(v)(3).

(2) FEDERAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C. § 1611.

(3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C. § 1621.

(b) An alien who is not lawfully present in the United States and who is not defined as an alien eligible for public benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641 shall not receive any state or local public benefits.

(c) Except as otherwise provided in subsection (e) or where exempted by federal law, commencing on the effective date of this act, each agency or political subdivision of the state shall verify with the federal government the lawful presence in the United States of each alien who applies for state or local public benefits, pursuant to 8 U.S.C. §§ 1373(c), 1621, and 1625.

(d) An agency of this state or a county, city, town, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section.

(e) Verification of lawful presence in the United States shall not be required for any of the following:

(1) For primary or secondary school education, and state or local public benefits that are listed in 8 U.S.C. § 1621(b).

(2) For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure.

(3) For short term, noncash, in kind emergency disaster relief.

(4) For public health assistance for immunizations with respect to immunizable diseases, for the Special Supplemental Nutrition Program for Women, Infants, and Children, and for testing and treatment of symptoms of communicable diseases, whether or not such symptoms are caused by a communicable disease.

(5) For programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by federal law or regulation that satisfy all of the following:

a. Deliver in-kind services at the community level, including services through public or private nonprofit agencies.

b. Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient.

c. Are necessary for the protection of life or safety.

(6) For prenatal care.

(7) For child protective services and adult protective services and domestic violence services workers.

(f) No official of this state or political subdivision of this state shall attempt to independently make a final determination of whether an alien is lawfully present in the United States. An alien’s lawful presence in the United States shall be verified by the federal government pursuant to 8 U.S.C. § 1373(c).

(g) Any United States citizen applying for state or local public benefits, except those benefits described in subsection (e), shall sign a declaration that he or she is a United States citizen.

(h) Any person who knowingly makes a false, fictitious, or fraudulent statement or representation in a declaration executed pursuant to subsection (g) shall be guilty of perjury in the second degree pursuant to Section 13A-10-102, Code of Alabama 1975. Each time that a person receives a public benefit based upon such a statement or representation shall constitute a separate violation of Section 13A-10-102, Code of Alabama 1975.

(i) The verification that an alien seeking state or local public benefits is an alien lawfully present in the United States shall be made through the Systematic Alien Verification for Entitlements (SAVE) program, operated by the United States Department of Homeland Security. If for any reason the verification of an alien’s lawful presence through the SAVE program is delayed or inconclusive, the alien shall be eligible for state or local public benefits in the interim period if the alien signs a declaration that he or she is an alien lawfully present in the United States. The penalties under subsection (h) shall apply to any false, fictitious, or fraudulent statement or representation made in a declaration.

(j) Each state agency or department that administers a program that provides state or local public benefits shall provide an annual report with respect to its compliance with this section to the Government Affairs Committee of the Senate and the Government Operations Committee of the House of Representatives, or any successor committees.

(k) Errors and significant delays resulting from use of the SAVE program shall be reported to the United States Department of Homeland Security and to the Alabama Department of Homeland Security to assist the federal government in ensuring that the application of the SAVE program is not wrongfully denying benefits to aliens lawfully present in the United States.

(l) For the purposes of administering the Alabama Child Health Insurance Program, verification and documentation of lawful presence through any alternative means expressly authorized by federal law shall satisfy the requirements of this section.

Section 8. An alien who is not lawfully present in the United States shall not be permitted to enroll in or attend any public postsecondary education institution in this state. An alien attending any public postsecondary institution in this state must either possess lawful permanent residence or an appropriate nonimmigrant visa under 8 U.S.C. § 1101, et seq. For the purposes of this section, a public postsecondary education institution officer may seek federal verification of an alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A public postsecondary education institution officer or official shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. Except as otherwise provided by law, an alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit, including, but not limited to, scholarships, grants, or financial aid.

Section 9. (a) As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien and shall attest to such, by sworn affidavit signed before a notary.

(b) As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall provide documentation establishing that the business entity or employer is enrolled in the E-Verify program. During the performance of the contract, the business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations.

(c) No subcontractor on a project paid for by contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity shall knowingly employ, hire for employment, or continue to employ an unauthorized alien and shall attest to such by sworn affidavit signed before a notary. The subcontractor shall also enroll in the E-Verify program prior to performing any work on the project and shall attach to the sworn affidavit documentation establishing that the subcontractor is enrolled in the E-Verify program.

(d) A contractor of any tier shall not be liable under this section when such contractor contracts with its direct subcontractor who violates subsection (c), if the contractor receives a sworn affidavit from the subcontractor signed before a notary attesting to the fact that the direct subcontractor, in good faith, has complied with subsection (c) with respect to verifying each of its employee’s eligibility for employment, unless the contractor knows the direct subcontractor is violating subsection (c).

(e)(1) Upon the first violation of subsection (a) by any business entity or employer awarded a contract by the state, any political subdivision thereof, or any state-funded entity the business entity or employer shall be deemed in breach of contract and the state, political subdivision thereof, or state-funded entity may terminate the contract after providing notice and an opportunity to be heard. Upon application by the state entity, political subdivision thereof, or state-funded entity, the Attorney General may bring an action to suspend the business licenses and permits of the business entity or employer for a period not to exceed 60 days, according to the procedures described in Section 15. The court shall order the business entity or employer to file a signed, sworn affidavit with the local district attorney within three days after the order is issued by the court stating that the business entity or employer has terminated the employment of every unauthorized alien and the business entity or employer will not knowingly or intentionally employ an unauthorized alien in this state. Before a business license or permit that has been suspended under this subsection is reinstated, a legal representative of the business entity or employer shall submit to the court a signed, sworn affidavit stating that the business entity or employer is in compliance with the provisions of this act and a copy of the Memorandum of Understanding issued to the business entity or employer at the time of enrollment in E-Verify.

(2) Upon a second or subsequent violation of subsection (a) by any business entity or employer awarded a contract by the state, any political subdivision thereof, or any state-funded entity the business entity or employer shall be deemed in breach of contract and the state, any political subdivision thereof, or any state-funded entity shall terminate the contract after providing notice and an opportunity to be heard. Upon application by the state entity, political subdivision thereof, or state-funded entity, the Attorney General may bring an action to permanently revoke the business licenses and permits of the business entity or employer according to the procedures described in Section 15.

(f)(1) Upon the first violation of subsection (c) by a subcontractor, the state or political subdivision thereof may bar the subcontractor from doing business with the state, any political subdivision thereof, any state-funded entity, or with any contractor who contracts with the state, any political subdivision thereof, or any state-funded entity after providing notice and an opportunity to be heard. Upon application by the state entity or political subdivision thereof, or state-funded entity, the Attorney General may bring an action to suspend the business licenses and permits of the subcontractor for a period not to exceed 60 days, according to the procedures described in Section 15. The court shall order the subcontractor to file a signed, sworn affidavit with the local district attorney within three days after the order is issued by the court stating that the subcontractor has terminated the employment of every unauthorized alien and the subcontractor will not knowingly or intentionally employ an unauthorized alien in this state. Before a business license or permit that has been suspended under this subsection is reinstated, a legal representative of the subcontractor shall submit to the court a signed, sworn affidavit stating that the subcontractor is in compliance with the provisions of this act and a copy of the Memorandum of Understanding issued to the subcontractor at the time of enrollment in E-Verify.

(2) Upon a second or subsequent violation of subsection (c) by a subcontractor and upon application by the state entity or political subdivision thereof, or state-funded entity, the Attorney General may bring an action to permanently suspend the business licenses of the business entity or employer according to the procedures described in Section 15. The determination of a violation shall be according to the procedures described in Section 15.

(g) A business entity or employer that complies with subsection (b) shall not be found to be in violation of subsection (a). A subcontractor that is enrolled in the E-Verify program during the full period of performance of the subcontract shall not be found to be in violation of subsection (c).

(h) The Secretary of State shall adopt rules to administer this section and shall report any rules adopted to the Legislature.

(i) Compliance with this section may be verified by the state authorities or law enforcement at any time to ensure a contractual agreement as provided for in this section is being met.

(j) The suspension of a business license or permit under subsection (e)(1) and (f)(1) shall terminate one business day after a legal representative of the business entity, employer, or subcontractor submits a signed, sworn affidavit stating that the business entity, employer, or subcontractor is in compliance with the provisions of this act to the court.

Section 10. (a) In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or 8 U.S.C. § 1306(a), and the person is an alien unlawfully present in the United States.

(b) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(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.

(c) A law enforcement official or agency of this state or a county, city, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution and the Constitution of Alabama of 1901.

(d) This section does not apply to a person who maintains authorization from the federal government to be present in the United States.

(e) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien’s immigration status received from the federal government pursuant to 8 U.S.C. § 1373(c) shall constitute proof of that alien’s status. A court of this state shall consider only the federal government’s verification in determining whether an alien is lawfully present in the United States.

(f) An alien unlawfully present in the United States who is in violation of this section shall be guilty of a Class C misdemeanor and subject to a fine of not more than one hundred dollars ($100) and not more than 30 days in jail.

(g) A court shall collect the assessments prescribed in subsection (f) and remit 50 percent of the assessments to the general fund of the local government where the person was apprehended to be earmarked for law enforcement purposes, 25 percent of the assessments to the Alabama Department of Homeland Security, and 25 percent of the assessments to the Department of Public Safety.

Section 11. (a) It is unlawful for a person who is an unauthorized alien to knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor in this state.

(b) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A law enforcement officer shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States.

(d) This section does not apply to a person who maintains authorization from the federal government to be employed in the United States.

(e) Any record that relates to the employment authorization of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien’s immigration status received from the federal government pursuant to 8 U.S.C. § 1373(c) shall constitute proof of that alien’s status. A court of this state shall consider only the federal government’s verification in determining whether a person is an unauthorized alien.

(f) It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway, or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

(g) It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

(h) A person who is in violation of this section shall be guilty of a Class C misdemeanor and subject to a fine of not more than five hundred dollars ($500).

(i) A court shall collect the assessments prescribed in subsection (h) and remit 50 percent of the assessments to the general fund of the local government where the person was apprehended to be earmarked for law enforcement purposes, 25 percent of the assessments to the Alabama Department of Homeland Security, and 25 percent of the assessments to the Department of Public Safety.

(j) The terms of this section shall be interpreted consistently with 8 U.S.C. § 1324a and any applicable federal rules and regulations.

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.

(d) A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer any of the following:

(1) A valid, unexpired Alabama driver’s license.

(2) A valid, unexpired Alabama nondriver identification card.

(3) A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.

(4) Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.

(5) A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

(6) A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

(e) If an alien is determined by the federal government to be an alien who is unlawfully present in the United States pursuant to 8 U.S.C. § 1373(c), the law enforcement agency shall cooperate in the transfer of the alien to the custody of the federal government, if the federal government so requests.

Section 13. (a) It shall be unlawful for a person to do any of the following:

(1) Conceal, harbor, or shield or attempt to conceal, harbor, or shield or conspire to conceal, harbor, or shield an alien from detection in any place in this state, including any building or any means of transportation, if the person knows or recklessly disregards the fact that the alien has come to, has entered, or remains in the United States in violation of federal law.

(2) Encourage or induce an alien to come to or reside in this state if the person knows or recklessly disregards the fact that such coming to, entering, or residing in the United States is or will be in violation of federal law.

(3) Transport, or attempt to transport, or conspire to transport in this state an alien in furtherance of the unlawful presence of the alien in the United States, knowingly, or in reckless disregard of the fact, that the alien has come to, entered, or remained in the United States in violation of federal law. Conspiracy to be so transported shall be a violation of this subdivision.

(4) Harbor an alien unlawfully present in the United States by entering into a rental agreement, as defined by Section 35-9A-141 of the Code of Alabama 1975, with an alien to provide accommodations, if the person knows or recklessly disregards the fact that the alien is unlawfully present in the United States.

(b) Any person violating the provisions of this section is guilty of a Class A misdemeanor for each unlawfully present alien, the illegal presence of which in the United States and the State of Alabama, he or she is facilitating or is attempting to facilitate.

(c) A person violating the provisions of this section is guilty of a Class C felony when the violation involves 10 or more aliens, the illegal presence of which in the United States and the State of Alabama, he or she is facilitating or is attempting to facilitate.

(d) Notwithstanding any other law, a law enforcement agency may securely transport an alien whom the agency has received verification from the federal government pursuant to 8 U.S.C. § 1373(c) is unlawfully present in the United States and who is in the agency’s custody to a state approved facility, to a federal facility in this state, or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial or executive authorization from the Governor before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside this state.

(e) Notwithstanding any other law, any person acting in his or her official capacity as a first responder or protective services provider may harbor, shelter, move, or transport an alien unlawfully present in the United States pursuant to state law.

(f) Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of this section, and the gross proceeds of such a violation, shall be subject to civil forfeiture under the procedures of Section 20-2-93 of the Code of Alabama 1975.

(g) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(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.

(h) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien’s immigration status received from the federal government pursuant to 8 U.S.C. § 1373(c) shall constitute proof of that alien’s status. A court of this state shall consider only the federal government’s verification in determining whether an alien is lawfully present in the United States.

Section 14. (a) A person commits the crime of dealing in false identification documents if he or she knowingly reproduces, manufactures, sells, or offers for sale any identification document which does both of the following:

(1) Simulates, purports to be, or is designed so as to cause others reasonably to believe it to be an identification document.

(2) Bears a fictitious name or other false information.

(b) A person commits the crime of vital records identity fraud related to birth, death, marriage, and divorce certificates if he or she does any of the following:

(1) Supplies false information intending that the information be used to obtain a certified copy of a vital record.

(2) Makes, counterfeits, alters, amends, or mutilates any certified copy of a vital record without lawful authority and with the intent to deceive.

(3) Obtains, possesses, uses, sells, or furnishes, or attempts to obtain, possess, or furnish to another a certified copy of a vital record, with the intent to deceive.

(c)(1) Dealing in false identification documents is a Class C felony.

(2) Vital records identity fraud is a Class C felony.

(d) The provisions of this section shall not apply to any of the following:

(1) A person less than 21 years of age who uses the identification document of another person to acquire an alcoholic beverage.

(2) A person less than 19 years of age who uses the identification documents of another person to acquire any of the following:

a. Cigarettes or tobacco products.

b. A periodical, videotape, or other communication medium that contains or depicts nudity.

c. Admittance to a performance, live or film, that prohibits the attendance of the person based on age.

d. An item that is prohibited by law for use or consumption by such person.

(e) As used in this section, “identification document” means any card, certificate, or document or banking instrument, including, but not limited to, a credit or debit card, which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers’ licenses, nondriver identification cards, certified copies of birth, death, marriage, and divorce certificates, Social Security cards, and employee identification cards.

(f) Any person convicted of dealing in false identification documents as defined in this section shall be fined up to one thousand dollars ($1,000) for every card or document he or she creates or possesses and be subject to any and all other state laws that may apply. A court shall collect the fines prescribed by this subsection and shall remit 50 percent of the fines to the general fund of the local government that apprehended the person to be earmarked for law enforcement purposes, 25 percent of the fines to the Alabama Department of Homeland Security, and 25 percent of the fines to the Department of Public Safety.

Section 15. (a) No business entity, employer, or public employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama. Knowingly employ, hire for employment, or continue to employ an unauthorized alien means the actions described in 8 U.S.C. § 1324a.

(b) Effective April 1, 2012, every business entity or employer in this state shall enroll in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify, shall verify the employment eligibility of the employee through E-Verify. A business entity or employer that uses E-Verify to verify the work authorization of an employee shall not be deemed to have violated this section with respect to the employment of that employee.

(c) On a finding of a first violation by a court of competent jurisdiction that a business entity or employer knowingly violated subsection (a), the court shall do all of the following:

(1) Order the business entity or employer to terminate the employment of every unauthorized alien.

(2) Subject the business entity or employer to a three-year probationary period throughout the state. During the probationary period, the business entity or employer shall file quarterly reports with the local district attorney of each new employee who is hired by the business entity or employer in the state.

(3) Order the business entity or employer to file a signed, sworn affidavit with the local district attorney within three days after the order is issued by the court stating that the business entity or employer has terminated the employment of every unauthorized alien and the business entity or employer will not knowingly or intentionally employ an unauthorized alien in this state.

(4) Direct the applicable state, county, or municipal governing bodies to suspend the business licenses and permits, if such exist, of the business entity or employer for a period not to exceed 10 business days specific to the business location where the unauthorized alien performed work.

(d)(1) Before a business license or permit that has been suspended under subsection (c) is reinstated, a legal representative of the business entity or employer shall submit to the court a signed, sworn affidavit stating that the business entity or employer is in compliance with the provisions of this act and a copy of the Memorandum of Understanding issued to the business entity or employer at the time of enrollment in E-Verify.

(2) The suspension of a business license or permit under subsection (c) shall terminate one business day after a legal representative of the business entity or employer submits a signed, sworn affidavit stating that the business entity or employer is in compliance with the provisions of this act to the court.

(e) For a second violation of subsection (a) by a business entity or employer, the court shall direct the applicable state, county, or municipal governing body to permanently revoke all business licenses and permits, if such exist, held by the business entity or employer specific to the business location where the unauthorized alien performed work. On receipt of the order, and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses and permits held by the business entity or employer.

(f) For a subsequent violation of subsection (a), the court shall direct the applicable governing bodies to forever suspend the business licenses and permits, if such exist, of the business entity or employer throughout the state.

(g) This section shall not be construed to deny any procedural mechanisms or legal defenses included in the E-Verify program or any other federal work authorization program. A person or entity that establishes that it has complied in good faith with the requirements of 8 U.S.C. § 1324a(b) establishes an affirmative defense that the business entity or employer did not knowingly hire or employ an unauthorized alien.

(h) In proceedings of the court, the determination of whether an employee is an unauthorized alien shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government’s determination when deciding whether an employee is an unauthorized alien. The court may take judicial notice of any verification of an individual’s immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.

(i) Any business entity or employer that terminates an employee to comply with this section shall not be liable for any claims made against the business entity or employer by the terminated employee, provided that such termination is made without regard to the race, ethnicity, or national origin of the employee and that such termination is consistent with the anti-discrimination laws of this state and of the United States.

(j) If any agency of the state or any political subdivision thereof fails to suspend the business licenses or permits, if such exist, as a result of a violation of this section, the agency shall be deemed to have violated subsection (a) of Section 5 and shall be subject to the penalties thereunder.

(k) In addition to the district attorneys of this state, the Attorney General shall also have authority to bring a civil complaint in any court of competent jurisdiction to enforce the requirements of this section.

(1) Any resident of this state may petition the Attorney General to bring an enforcement action against a specific business entity or employer by means of a written, signed petition. A valid petition shall include an allegation that describes the alleged violator or violators, as well as the action constituting the violation, and the date and location where the action occurred.

(2) A petition that alleges a violation on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be acted upon.

(3) The Attorney General shall respond to any petition under this subdivision within 60 days of receiving the petition, either by filing a civil complaint in a court of competent jurisdiction or by informing the petitioner in writing that the Attorney General has determined that filing a civil complaint is not warranted.

(l) This section does not apply to the relationship between a party and the employees of an independent contractor performing work for the party and does not apply to casual domestic labor performed within a household.

(m) It is an affirmative defense to a violation of subsection (a) of this section that a business entity or employer was entrapped.

(1) To claim entrapment, the business entity or employer must admit by testimony or other evidence the substantial elements of the violation.

(2) A business entity or employer who asserts an entrapment defense has the burden of proving by clear and convincing evidence the following:

a. The idea of committing the violation started with law enforcement officers or their agents rather than with the business entity or employer.

b. The law enforcement officers or their agents urged and induced the business entity or employer to commit the violation.

c. The business entity or employer was not already predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.

(n) In addition to actions taken by the state or political subdivisions thereof, the Attorney General or the district attorney of the relevant county may bring an action to enforce the requirements of this section in any county district court of this state wherein the business entity or employer does business.

(o) The terms of this section shall be interpreted consistently with 8 U.S.C. § 1324a and any applicable federal rules and regulations.

Section 16. (a) No wage, compensation, whether in money or in kind or in services, or remuneration of any kind for the performance of services paid to an unauthorized alien shall be allowed as a deductible business expense for any state income or business tax purposes in this state. This subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

(b) Any business entity or employer who knowingly fails to comply with the requirements of this section shall be liable for a penalty equal to 10 times the business expense deduction claimed in violation of subsection (a). The penalty provided in this subsection shall be payable to the Alabama Department of Revenue.

Section 17. (a) It shall be a discriminatory practice for a business entity or employer to fail to hire a job applicant who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) or discharge an employee working in Alabama who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) while retaining or hiring an employee who the business entity or employer knows, or reasonably should have known, is an unauthorized alien.

(b) A violation of subsection (a) may be the basis of a civil action in the state courts of this state. Any recovery under this subsection shall be limited to compensatory relief and shall not include any civil or criminal sanctions against the employer.

(c) The losing party in any civil action shall pay the court costs and reasonable attorneys fees for the prevailing party; however, the losing party shall only pay the attorneys fees of the prevailing party up to the amount paid by the losing party for his or her own attorneys fees.

(d) The amount of the attorneys fees spent by each party shall be reported to the court before the verdict is rendered.

(e) In proceedings of the court, the determination of whether an employee is an unauthorized alien shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government’s determination when deciding whether an employee is an unauthorized alien. The court may take judicial notice of any verification of an individual’s immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.

Section 18. Section 32-6-9, Code of Alabama 1975, is amended to read as follows:
§32-6-9.

“(a) Every licensee shall have his or her license in his or her immediate possession at all times when driving a motor vehicle and shall display the same, upon demand of a judge of any court, a peace officer or a state trooper. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver’s license theretofore issued to him or her and valid at the time of his or her arrest.

“(b) Notwithstanding the provisions of Section 32-1-4, if a law officer arrests a person for a violation of this section and the officer is unable to determine by any other means that the person has a valid driver’s license, the officer shall transport the person to the nearest or most accessible magistrate.

“(c) A reasonable effort shall be made to determine the citizenship of the person and if an alien, whether the alien is lawfully present in the United States by verification with the federal government pursuant to 8 U.S.C. § 1373(c). An officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.

(d) A verification inquiry, pursuant to 8 U.S.C. § 1373(c), shall be made within 48 hours to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the federal government. If the person is determined to be an alien unlawfully present in the United States, the person shall be considered a flight risk and shall be detained until prosecution or until handed over to federal immigration authorities.”

Section 19. (a) When a person is charged with a crime for which bail is required, or is confined for any period in a state, county, or municipal jail, a reasonable effort shall be made to determine if the person is an alien unlawfully present in the United States by verification with the federal government pursuant to 8 U.S.C. § 1373(c).

(b) A verification inquiry, pursuant to 8 U.S.C. § 1373(c), shall be made within 48 hours to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the federal government. If the person is determined to be an alien unlawfully present in the United States, the person shall be considered a flight risk and shall be detained until prosecution or until handed over to federal immigration authorities.

Section 20. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law and is within 30 days of release or has paid any fine as required by operation of law, the agency responsible for his or her incarceration shall notify the United States Bureau of Immigration and Customs Enforcement and the Alabama Department of Homeland Security, pursuant to 8 U.S.C. § 1373. The Alabama Department of Homeland Security shall assist in the coordination of the transfer of the prisoner to the appropriate federal immigration authorities; however, the Alabama Department of Corrections shall maintain custody during any transfer of the individual.

Section 21. If a person is an alien who is unlawfully present in the United States and is a victim of a criminal act, is the child of a victim of a criminal act, is a critical witness in any prosecution, or is the child of a critical witness in any prosecution of a state or federal crime, all provisions of this act shall be stayed until all of the related legal proceedings are concluded. However, the relevant state, county, or local law enforcement agency shall comply with any request by federal immigration officers to take custody of the person.

Section 22. (a) Notwithstanding the provisions of Section 31-9A-9 of the Code of Alabama 1975, the Alabama Department of Homeland Security may hire, appoint, and maintain APOST certified state law enforcement officers. Such officers shall receive the same rights and benefits as those prescribed to officers of the Alabama Department of Public Safety, except for the purposes of retirement. The officers shall have the same retirement benefits as a law enforcement officer as defined under Section 36-27-59 of the Code of Alabama 1975.

(b) Unless a violation of state law occurs in their presence, officers authorized under this section shall not engage in routine law enforcement activity, except for those investigative and analytical duties necessary to carry out the enforcement of this act and to fulfill the mission of the Alabama Department of Homeland Security or those duties necessary to provide assistance to other law enforcement agencies.

(c) The Director of the Alabama Department of Homeland Security shall have the authority to promulgate rules for the enforcement of this act.

Section 23. The Alabama Department of Homeland Security shall have the authority to coordinate with state and local law enforcement the practice and methods required to enforce this act in cooperation with federal immigration authorities and consistent with federal immigration laws.

Section 24. The Alabama Department of Homeland Security shall file a quarterly report to the Legislature on the progress being made regarding the enforcement of this act and the status of the progress being made in the effort to reduce the number of illegal aliens in the State of Alabama. The report shall include, but is not limited to, the statistics and results from the enforcement of the sections of this act, and suggestions on what can be done including additional legislation to further assist the federal government in its efforts to apprehend illegal aliens in the State of Alabama. At the start of the 2013 fiscal year, the report shall be filed twice a year. At the start of the 2015 fiscal year, the report is required annually. This report shall also be made available to the public and shall be announced through a press release from the Attorney General’s office.

Section 25. (a) A solicitation to violate any criminal provision of this act, an attempt to violate any criminal provision of this act, or a conspiracy to violate any criminal provision of this act shall have the same penalty as a violation of this act.

(b) For the purposes of this section, solicitation shall have the same principles of liability and defenses as criminal solicitation under subsections (b) through (e) of Section 13A-4-1, Code of Alabama 1975, and Section 13A-4-5, Code of Alabama 1975.

(c) For the purposes of this section, attempt shall have the same principles of liability and defenses as attempt under subsections (b) and (c) of Section 13A-4-2, Code of Alabama 1975, and Section 13A-4-5, Code of Alabama 1975.

(d) For the purposes of this section, conspiracy shall have the same principles of liability and defenses as criminal conspiracy under subsections (b) through (f) of Section 13A-4-3, Code of Alabama 1975, and Sections 13A-4-4 and 13A-4-5, Code of Alabama 1975.

Section 26. (a)(1) The Alabama Department of Homeland Security shall establish and maintain an E-Verify employer agent service for any business entity or employer in this state with 25 or fewer employees to use the E-Verify program to verify an employee’s employment eligibility on behalf of the business entity or employer. The Alabama Department of Homeland Security shall establish an E-Verify employer agent account with the United States Department of Homeland Security, shall enroll a participating business entity or employer in the E-Verify program on its behalf, and shall conform to all federal statutes and regulations governing E-Verify employer agents. The Alabama Department of Homeland Security shall not charge a fee to a participating business entity or employer for this service.

(2) The Alabama Department of Homeland Security E-Verify employer agent service shall be in place within 90 days after the effective date of this act. The service shall accommodate a business entity or employer who wishes to communicate with the Alabama Department of Homeland Security by internet, by electronic mail, by facsimile machine, by telephone, or in person, provided that such communication is consistent with federal statutes and regulations governing E-Verify employer agents.

(b) On or after January 1, 2012, before receiving any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity, a business entity or employer shall provide proof to the state, political subdivision thereof, or state-funded entity that the business entity or employer is enrolled and is participating in the E-Verify program, either independently or through the Alabama Department of Homeland Security E-Verify employer agent service.

(c) Every three months, the Alabama Department of Homeland Security shall request from the United States Department of Homeland Security a list of every business entity or employer in this state that is enrolled in the E-Verify program. On receipt of the list, the Alabama Department of Homeland Security shall make the list available on its website.

(d) A business entity or employer that is enrolled in the E-Verify program and that verifies the employment eligibility of an employee in good faith pursuant to this section, and acts in conformity with all applicable federal statutes and regulations is immune from liability under Alabama law for any action by an employee for wrongful discharge or retaliation based on a notification from the E-Verify program that the employee is an unauthorized alien.

Section 27. (a) No court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States, if the party had direct or constructive knowledge that the alien was unlawfully present in the United States at the time the contract was entered into, and the performance of the contract required the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or performance could not reasonably be expected to occur without such remaining.

(b) This section shall not apply to a contract for lodging for one night, a contract for the purchase of food to be consumed by the alien, a contract for medical services, or a contract for transportation of the alien that is intended to facilitate the alien’s return to his or her country of origin.

(d) In proceedings of the court, the determination of whether an alien is unlawfully present in the United States shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government’s determination when deciding whether an alien is unlawfully present in the United States. The court may take judicial notice of any verification of an individual’s immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.

Section 28. (a)(1) Every public elementary and secondary school in this state, at the time of enrollment in kindergarten or any grade in such school, shall determine whether the student enrolling in public school was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States and qualifies for assignment to an English as Second Language class or other remedial program.

(2) The public school, when making the determination required by subdivision (1), shall rely upon presentation of the student’s original birth certificate, or a certified copy thereof.

(3) If, upon review of the student’s birth certificate, it is determined that the student was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States, or where such certificate is not available for any reason, the parent, guardian, or legal custodian of the student shall notify the school within 30 days of the date of the student’s enrollment of the actual citizenship or immigration status of the student under federal law.

(4) Notification shall consist of both of the following:

a. The presentation for inspection, to a school official designated for such purpose by the school district in which the child is enrolled, of official documentation establishing the citizenship and, in the case of an alien, the immigration status of the student, or alternatively by submission of a notarized copy of such documentation to such official.

b. Attestation by the parent, guardian, or legal custodian, under penalty of perjury, that the document states the true identity of the child. If the student or his or her parent, guardian, or legal representative possesses no such documentation but nevertheless maintains that the student is either a United States citizen or an alien lawfully present in the United States, the parent, guardian, or legal representative of the student may sign a declaration so stating, under penalty of perjury.

(5) If no such documentation or declaration is presented, the school official shall presume for the purposes of reporting under this section that the student is an alien unlawfully present in the United States.

(b) Each school district in this state shall collect and compile data as required by this section.

(c) Each school district shall submit to the State Board of Education an annual report listing all data obtained pursuant to this section.

(d)(1) The State Board of Education shall compile and submit an annual public report to the Legislature.

(2) The report shall provide data, aggregated by public school, regarding the numbers of United States citizens, of lawfully present aliens by immigration classification, and of aliens believed to be unlawfully present in the United States enrolled at all primary and secondary public schools in this state. The report shall also provide the number of students in each category participating in English as a Second Language Programs enrolled at such schools.

(3) The report shall analyze and identify the effects upon the standard or quality of education provided to students who are citizens of the United States residing in Alabama that may have occurred, or are expected to occur in the future, as a consequence of the enrollment of students who are aliens not lawfully present in the United States.

(4) The report shall analyze and itemize the fiscal costs to the state and political subdivisions thereof of providing educational instruction, computers, textbooks and other supplies, free or discounted school meals, and extracurricular activities to students who are aliens not lawfully present in the United States.

(5) The State Board of Education shall prepare and issue objective baseline criteria for identifying and assessing the other educational impacts on the quality of education provided to students who are citizens of the United States, due to the enrollment of aliens who are not lawfully present in the United states, in addition to the statistical data on citizenship and immigration status and English as a Second Language enrollment required by this act. The State Board of Education may contract with reputable scholars and research institutions to identify and validate such criteria. The State Board of Education shall assess such educational impacts and include such assessments in its reports to the Legislature.

(e) Public disclosure by any person of information obtained pursuant to this section which personally identifies any student shall be unlawful, except for purposes permitted pursuant to 8 U.S.C. §§ 1373 and 1644. Any person intending to make a public disclosure of information that is classified as confidential under this section, on the ground that such disclosure constitutes a use permitted by federal law, shall first apply to the Attorney General and receive a waiver of confidentiality from the requirements of this subsection.

(f) A student whose personal identity has been negligently or intentionally disclosed in violation of this section shall be deemed to have suffered an invasion of the student’s right to privacy. The student shall have a civil remedy for such violation against the agency or person that has made the unauthorized disclosure.

(g) The State Board of Education shall construe all provisions of this section in conformity with federal law.

(h) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

Section 29. (a) Applications for voter registration shall give voter eligibility requirements and such information as is necessary to prevent duplicative voter registrations and enable the relevant election officer to assess the eligibility of the applicant and to administer voter registration, identify the applicant and to determine the qualifications of the applicant as an elector and the facts authorizing such person to be registered. Applications shall contain a statement that the applicant shall be required to provide qualifying identification when voting.

(b) The Secretary of State shall create a process for the county election officer to check to indicate whether an applicant has provided with the application the information necessary to assess the eligibility of the applicant, including the applicant’s United States citizenship. This section shall be interpreted and applied in accordance with federal law. No eligible applicant whose qualifications have been assessed shall be denied registration.

(c) The county election officer or Secretary of State’s office shall accept any completed application for registration, but an applicant shall not be registered until the applicant has provided satisfactory evidence of United States citizenship. Satisfactory evidence of United States citizenship shall be provided in person at the time of filing the application for registration or by including, with a mailed registration application, a photocopy of one of the documents listed as evidence of United States citizenship in subsection (k). After a person has submitted satisfactory evidence of citizenship, the county election officer shall indicate this information in the person’s permanent voter file.

(d) Any person who is registered in this state on the effective date of this act is deemed to have provided satisfactory evidence of United States citizenship and shall not be required to submit evidence of citizenship.

(e) For purposes of this section, proof of voter registration from another state is not satisfactory evidence of United States citizenship.

(f) A registered voter who moves from one residence to another within the state or who modifies his or her voter registration records for any other reason shall not be required to submit evidence of United States citizenship.

(g) If evidence of United States citizenship is deemed to be unsatisfactory due to an inconsistency between the document submitted as evidence and the name or sex provided on the application for registration, such applicant may sign an affidavit containing both of the following:

(1) Stating the inconsistency or inconsistencies related to the name or sex, and the reason therefor.

(2) Swearing under oath that, despite the inconsistency, the applicant is the individual reflected in the document provided as evidence of citizenship.

(h) There shall be no inconsistency between the date of birth on the document provided as evidence of citizenship and the date of birth provided on the application for registration. If such an affidavit is submitted by the applicant, the county election officer or Secretary of State shall assess the eligibility of the applicant without regard to any inconsistency stated in the affidavit.

(i) All documents submitted as evidence of United States citizenship shall be kept confidential by the county election officer or the Secretary of State and maintained as provided by record retention laws.

(j) Nothing in this section shall prohibit an applicant from providing, or the Secretary of State or county election officer from obtaining, satisfactory evidence of United States citizenship, as described in this section, at a different time or in a different manner than an application for registration is provided, as long as the applicant’s eligibility can be adequately assessed by the Secretary of State or county election officer as required by this section.

(k) Evidence of United States citizenship shall be demonstrated by one of the following documents, or a legible photocopy of one of the following documents:

(1) The applicant’s driver’s license or nondriver’s identification card issued by the division of motor vehicles or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant’s driver’s license or nondriver’s identification card that the person has provided satisfactory proof of United States citizenship.

(2) The applicant’s birth certificate that verifies United States citizenship to the satisfaction of the county election officer or Secretary of State.

(3) Pertinent pages of the applicant’s United States valid or expired passport identifying the applicant and the applicant’s passport number, or presentation to the county election officer of the applicant’s United States passport.

(4) The applicant’s United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States Bureau of Citizenship and Immigration Services by the county election officer or the Secretary of State, pursuant to 8 U.S.C. § 1373(c).

(5) Other documents or methods of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act of 1952, and amendments thereto.

(6) The applicant’s Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

(7) The applicant’s consular report of birth abroad of a citizen of the United States of America.

(8) The applicant’s certificate of citizenship issued by the United States Citizenship and Immigration Services.

(9) The applicant’s certification of report of birth issued by the United States Department of State.

(10) The applicant’s American Indian card, with KIC classification, issued by the United States Department of Homeland Security.

(11) The applicant’s final adoption decree showing the applicant’s name and United States birthplace.

(12) The applicant’s official United States military record of service showing the applicant’s place of birth in the United States.

(13) An extract from a United States hospital record of birth created at the time of the applicant’s birth indicating the applicant’s place of birth in the United States.

(l) There is hereby established the State Election Board, consisting of the Secretary of State, the Attorney General, and the Lieutenant Governor. The State Election Board shall meet on the call of the Secretary of State. The State Election Board shall do both of the following:

(1) Assess information provided by any applicant for voter registration as evidence of citizenship pursuant to subsection (m).

(2) Adopt rules to implement subsection (m).

(m)(1) If an applicant is a United States citizen but does not have any of the documentation listed in this section as satisfactory evidence of United States citizenship, the applicant may submit any evidence that the applicant believes demonstrates the applicant’s United States citizenship.

(2) Any applicant seeking an assessment of evidence under this section may directly contact the office of the Secretary of State by submitting a voter registration application or the national voter registration form and any supporting evidence of United States citizenship. Upon receipt of this information, the Secretary of State shall notify the State Election Board that such application is pending.

(3) The State Election Board shall give the applicant an opportunity for a hearing, upon the applicant’s request in writing, and an opportunity to present any additional evidence to the State Election Board. Notice of such hearing shall be given to the applicant at least five days prior to the hearing date. An applicant shall have the opportunity to be represented by counsel at such hearing.

(4) The State Election Board shall assess the evidence provided by the applicant to determine whether the applicant has provided satisfactory evidence of United States citizenship. A decision of the State Election Board shall be determined by a majority vote of the board.

(5) If an applicant submits an application and any supporting evidence prior to the close of registration for an election cycle, a determination by the State Election Board shall be issued at least five days before such election date.

(6) If the State Election Board finds that the evidence presented by the applicant constitutes satisfactory evidence of United States citizenship, the applicant shall meet the requirements under this section to provide satisfactory evidence of United States citizenship.

(7) If the State Election Board finds that the evidence presented by an applicant does not constitute satisfactory evidence of United States citizenship, the applicant shall have the right to appeal such determination by the State Election Board by instituting an action under 8 U.S.C. § 1503. Any negative assessment of an applicant’s eligibility by the State Election Board shall be reversed if the applicant obtains a declaratory judgment pursuant to 8 U.S.C. § 1503, demonstrating that the applicant is a national of the United States.

(n)(1) The Department of Public Health shall not charge or accept any fee for a certified copy of a birth certificate if the certificate is requested by any person who is 17 years of age or older for purposes of meeting the voter registration requirements of this act. The person requesting a certified copy of a birth certificate shall swear under oath to both of the following:

a. That the person plans to register to vote in this state.

b. That the person does not possess any of the documents that constitute evidence of United States citizenship as defined in this act.

(2) The affidavit shall specifically list the documents that constitute evidence of United States citizenship as defined in this act.

Section 30. (a) For the purposes of this section, “business transaction” includes any transaction between a person and the state or a political subdivision of the state, including, but not limited to, applying for or renewing a motor vehicle license plate, applying for or renewing a driver’s license or nondriver identification card, or applying for or renewing a business license. “Business transaction” does not include applying for a marriage license.

(b) An alien not lawfully present in the United States shall not enter into or attempt to enter into a business transaction with the state or a political subdivision of the state and no person shall enter into a business transaction or attempt to enter into a business transaction on behalf of an alien not lawfully present in the United States.

(c) Any person entering into a business transaction or attempting to enter into a business transaction with this state or a political subdivision of this state shall be required to demonstrate his or her United States citizenship, or if he or she is an alien, his or her lawful presence in the United States to the person conducting the business transaction on behalf of this state or a political subdivision of this state. United States citizenship shall be demonstrated by presentation of one of the documents listed in Section 29(k). An alien’s lawful presence in the United States shall be demonstrated by this state’s or a political subdivision of this state’s verification of the alien’s lawful presence through the Systematic Alien Verification for Entitlements program operated by the Department of Homeland Security, or by other verification with the Department of Homeland Security pursuant to 8 U.S.C. § 1373(c).

(d) A violation of this section is a Class C felony.

(e) An agency of this state or a county, city, town, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 1901.

(f) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). An official of this state or political subdivision of this state shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.

Section 31. Nothing in this act is in any way meant to implement, authorize, or establish the Real ID Act of 2005 (P.L. 109-13, Division D; 119 Stat. 302).

Section 32. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 33. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 34. Sections 22 and 23 of this act shall become effective immediately following the passage and approval of this act by the Governor, or its otherwise becoming law. Section 9 shall become effective on January 1, 2012, following the passage and approval of this act by the Governor, or its otherwise becoming law. Section 15 shall become effective on April 1, 2012, following the passage and approval of this act by the Governor, or its otherwise becoming law. The remainder of this act shall become effective on the first day of the third month following the passage and approval of this act by the Governor, or its otherwise becoming law.

Staff

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June 10, 2011 > Roque Planas

Alabama Passes Country’s Toughest Immigration Law Yet

176 Comments

Alabama Passes Country’s Toughest Immigration Law Yet | Latin America News Dispatch says:

June 10, 2011 at 7:05 am

[…] Governor of Alabama Robert Bentley Thursday signed a law cracking down on illegal immigration that many in the news media are describing as the […]

Alabama Passes Country’s Toughest Immigration Law Yet | ArizonaNewsPress.com | Arizona Breaking News Headlines | News Directory says:

June 10, 2011 at 6:16 pm

[…] Governor of Alabama Robert Bentley Thursday sealed a law enormous down on bootleg immigration that many in a news media are describing as a nation’s […]

student attorney immigration says:

June 13, 2011 at 4:45 am

The information provided on immigration was very useful.It is always good to know that their are blogs so dedicated to providing information that is seriously concerned with the reader’s needs.Thanks for sharing your insights with us through your blog.

Brittanicus says:

June 13, 2011 at 6:22 pm

WE THE PEOPLE.

AMNESTY or as the Pro-illegal immigration groups prefer to label it–Immigration Reform. The truth is not ever going to happen? The 1986 IRCA was a utter calamity and costly for taxpayers. The 1986 (IRCA) Immigration Control and Reform Act that was a mass amnesty, which became the prime deception, played on the American taxpayer of all time. Because of despicably fraud and supreme neglect, the 2 million farmer’s laborers and other illegal workers who were provided a legal course to citizenship, that ultimately turned into 6 million. Even inexplicable those people, who received this pardon, vanished from their usual places of employment and turned up in the job force around the country that Americans citizens had to compete with. Future wise, Congress proposed the I-9 Form (Employment Eligibility Verification Form.) to ensure that all employees presented documentary proof of their legal eligibility, to accept employment in the United States. If the employee has a hiring issue, and chooses to contest an irregularity notice, the employer prints out the “Referral Letter” from the E-Verify program.

The letter contains information about resolving the problem, as well as the contact information for the (SSA) Social security Administration) or (USCIS) US Citizenship and Immigration Service, depending on which bureau was the source of the non-authorization to resolve the problem? As constantly the open border zealots, US Chamber of Commerce, ACLU and a radical mix of anti American organizations, have used the Liberal Press as a fulcrum to regrettably try to suppress the implementation of E-Verify. Are we not in the poorhouse with China, as it is? But this is no firm binder, because millions more people will strive to reach here, before that ominous Using the media these groups have also brought pressure on the administration not to espouse the Secure Communities law, which identifies criminal aliens through fingerprints by informing ICE. Then Subsequently E-Verify that is increasingly more popular each day by business owners. They are now cautiously aware that an I-9 audit puts their business license in jeopardy, as upheld by the Supreme Court.

NOW THE RUSH HAS BEGAN TO DEFEND CITIZENS AND LEGAL RESIDENTS AGAINST THE ILLEGAL ALIEN INVASION. FIRST ARIZONA, NOW ALABAMA, GEORGIA AND SOON MANY MORE STATES WILL FOLLOW. E-VERIFY IS THE LAW OF THE LAND AND THOUSANDS OF FOREIGNERS NOT WANTING BE CONFRONTED THESE LAWS, WILL HEAD FOR THOSE STATES THAT HAVE BEEN KIDNAPPED BY THE LEFTIST PROGRESSIVES OF OPEN BORDERS AGENDA’S.

As with the 1986 (IRCA) bill those who advocate against the laws are profiteers for more wealth, or to accumulate more votes or just to prepare America (according to the WikiLeaks group founder Julian Assange in secret documents) for merging with some kind of traitorous program, with Canada and Mexico with one currency. This stealth agenda was collusion between the Canadian and American Ambassadors.

The other side of the aisle on the corrupt Washington beltway, says we cannot afford to enforce immigration laws? Then my question we had better figure someway, for as the law stands we are just encouraging more illegal newcomers? So the second question, when does this invasion end, when does the lawmakers install laws, that make it impossible to stop this travesty? Are we just going to leave the doors open and hope for the best? All we are encouraging is even more poverty and distressed people, that taxpayers have to bear the full fiscal impact? Ten years from now, population numbers will be skyrocketing and the only winners are the profit-takers.

Whether we are coming out this miserable recession or not, we cannot afford any immigration amnesty. The first Amnesty in 1986 Ronald Reagan’s term of office, cost–$76 BILLION DOLLARS–by the time it was fulfilled. In today money it’s expected to cost $2.6 TRILLION DOLLARS as stated the Heritage Foundation. So taxpayers would be expected to cover that bill, lending most of it from China again? Are we not in the poorhouse with China, as it is? But this is no firm binder, because millions more people will strive to reach here, before that ominous inauguration day of a new Immigration Reform bill. If Congress is unable to cut spending in this recent of 14 .5 Trillion dollars US Treasury deficit, can anybody in the right frame of mind, tell us where we intend to get another $2.5 trillion dollars, to subsidize those illegal immigrants already living here? These dollars are inconceivable and even if there was another. It’s outrageous that Washington politicians would expect to bleed even more money from traumatic Taxpayers, when we are confronted by rejuvenating two nations abroad, in millions of dollars a day.

Amnesty, it will only further multitudes of people to come here? Washington legislators come and go, author bills, but are never held accountable for the financial wrecks they leave behind? Only Secure Communities, E-Verify can mitigate some of the pressure that will make foreign nationals think twice before crossing the border, or entering America by other means. This isn’t about any particular race, a person’s politics, religion as we are all suffering. It’s not even about the legal Hispanic population, as they are under the same pain of finding a job, stagnant wages and some type of exploitation. We are all the same boat and without stringent restrictions on immigration and its costs, that boat is heading towards rough waters and could easily sink. The TEA PARTY will slow down this process by confronting Washington aggressively on birthright citizenship to rescind it, which will sever the bond of 300.000 babies from foreign nation getting instant citizenship; cutting down on the annual monolithic cost to subsidize these offspring and families.

It will also bring to a halt, which it attributed to this wrongly conferred law, saving taxpayers hundreds of billions of dollars a year? The TEA PARTY will examine these unfair taxes placed on Americans, by Liberal oriented courts, to appoint obligations to educate, provide health care that comes with the never ending tide of illegal aliens skirting our laws. The TEA PARTY will created bills to up the penalty, for entering America as a felony. This should have been the law of the land, decades ago? Personally, it has always translated to prove there was no serious intention to enforce these laws. It’s in the vein of a conspirator’s reason, why the Southern border fences completion remains a fiasco. The Tea Party will enforce the 1986 (IRCA) law as was planned, with no complicity of government agencies to stifle those laws, such as the business influence.

The TEA PARTY in 2012 will remove the Liberal influence and even have the empowerment to construct the real border fence, and mandating with no exemptions E-Verify and Secure Communities and indefinitely remove Sanctuary Cities nationwide. As the Tea Party grows against the powerful influences in Washington, these Representatives like TEA PARTY Rep. Michele Bachmann of Minnesota will retire those pro-illegal immigrant politicians, Governors, mayors and all those who have adversely affected strong laws that have been introduced. The American People should not be forced by law, to pay for the impoverished people that trespass into America from other countries.

We can aid our fellow legal workers out, by taking immigration one step towards generic “Citizens Arrest. We cannot apprehend a suspicious individual, as it could lead to legal action. But we have the opportunity to join other “Whistle blowers” to inform ICE or local police as irregularities stand out. Not speaking reasonable English is a dead give-away, specifically in factory environment and if somebody has an accident through not comprehending a warning notice.

The time is ripe to contact their federal and State Representatives to insist they enact mandatory E-Verify, Secure Communities for every State, at the Senate—202-224–3121/ House—202-225–3121.

Why Alabama’s Immigration Bill Is Bad for Citizens | Alabama News | Alabama Breaking News Headlines | Alabama News Directory says:

June 14, 2011 at 5:29 am

[…] immigration law upheld in Alabama final week is meant to make it distant some-more formidable for bootleg […]

Bloomberg Says No Immigration Reform Is “National Suicide” | Latin America News Dispatch says:

June 15, 2011 at 2:47 pm

[…] remarks come at a time when the immigration debate is once again heating up. Last week Alabama passed a controversial immigration law similar to the one in place in Arizona and last month Bloomberg advocated allowing immigrants to […]

The Factory of Selective Moral Outrage, by Victor Davis Hanson - Page 2 - U.S. Politics Online: A Political Discussion Forum says:

June 17, 2011 at 10:17 am

[…] […]

Brittany Hopkins says:

June 19, 2011 at 3:18 pm

My Name is Brittany Hopkins and I VERY distracted by this New HB56 law in Alabama. My Husband is an illigal Immigrant who recently got deported.We have a 1 year old daughter together and i really dont think these people know what they are doing to these children taking away their fathers from them.there are so many wanna be fathers of every race that i see willingly walk out of their childs life everyday. But my husband has always been here for his daughter until they tore him away from us(his family) It just kills me to know that my precious baby may not ever get to see her father she needs him more than anything in this world she was only 11 months when he got deported but she was so attached to him she loved him so much you could just tell. And as far as the illigal immigrants taking people work thats just an excuse because everyone see the economy is going to crash if this law really removes so many illigal immigrants.This is the most devasting thing that could ever happen to me.And as far as the school thing goes those are just poor little kids atleast they are trying to get an education I have seen many different races that just dont care for schol they jst cant wait for the day that they will be 17 so they can drop and some manage to drop out before then. I know because i did I was just wanting to set some people straight and when this happens come back on here so i can tell everyone i told you so… including Mr. Bentley.. Thanks Brittany

Alabama: America’s Most Racist Immigration Law? says:

June 19, 2011 at 10:53 pm

[…] recently enacted “Arizona-style” immigration legislation designed to be the harshest in the nation, […]

Raul A. Reyes: Illegal Discrimination says:

July 5, 2011 at 9:36 pm

[…] for a state so concerned with its residents' legal status, HB 56 is itself of questionable legality. The law contains some of the same provisions as SB 1070 (also […]

Frank Livingston says:

July 11, 2011 at 8:42 am

Brittney: You are “distracted” by this law? So, you knowingly married a CRIMINAL ILLEGAL ALIEN and you want the American taxpayer and out of work American to feel sorry for you? It appears from your own words, you love America more than you do your husband or you would have gladly followed him to some third world country and lived with him. Correct? You are guilty of harboring a CRIMINAL ILLEGAL ALIEN and you need to follow him to his country.
You need to go back to school and learn how to write a simple paragraph that will get your point across.

Chuck Anderson says:

July 14, 2011 at 11:25 pm

Frank, what a loving, compassionate response to Brittney’s pain. You should go into family counseling.

Chuck Anderson says:

July 14, 2011 at 11:49 pm

Frank, you are quick to criticize Brittney’s English skills. How about a critique of your own?

The word criminal is primarily a noun, but you use it here as an adjective. When you do use it as an adjective, it should have a comma before the second adjective (illegal). And the words “out of work” should be hyphenated.

Your third sentence is missing a subordinating conjunction. Without one it becomes a run-on sentence. With one in place you would then lose the comma.

Alabama Tops Them All With Harsh New Anti-Immigrant Law « Grand Rapids Institute for Information Democracy says:

July 15, 2011 at 9:12 am

[…] of a law in his state more severe than Arizona’s. SB-1070, meet your sadistic younger cousin: HB-56. One introductory part of the bill […]

Does Alabama’s New Immigration Law Contain a General Warrant? « says:

July 18, 2011 at 4:08 pm

[…] seems to be an emerging trend of anti-immigration laws at the state level. Alabama’s new immigration laws set to go into effect on September 1 are among the harshest of any state and have already sparked a […]

Labor Shortages | Price of My Roof.com says:

July 21, 2011 at 12:07 am

[…] Alabama House Bill 56 – passed […]

Carlos Garcia says:

August 4, 2011 at 10:37 pm

This law is absolutely ridiculous. I thought racial discrimination was illegal. They might as well headline this article as the “Alabama Anti-Hispanic Law”. Law enforcement officials will obviously look for hispanics in an attempt to enforce this law, and that’s insane! To begin, the illegal immigrant children have no control over their immigration status. And as Brittany mentioned above, at least there is an attempt made by the parents and the child to gain a brighter future. If u tear away that bridge (school), then I guess America is not really what it’s seen as by most of the world. The part about giving an undocumented alien a ride is utterly ridiculous as well. I mean what are they trying to turn the U.S. into, the Underground Railroad again? The part about using E-verify to check employee immigration status is also dumb. Do you really want to get rid of five percent of the work force? Five percent may not seem like a lot, but when 20 percent of these immigrants work in construction and 4 percent in agriculture, (which don’t often appear in people’s “most favorable jobs list”) we can see the impact the removal of these workers may have on the economy. And as stated before, the part about officials checking “suspicious” people for their immigration status will lead to racial profiling. The only somewhat valid argument that anti-immigration activists have is the fact that many illegal immigrants don’t pay taxes. But let me ask you this. Can illegal aliens attain health insurance, social security, etc? No. The U.S. government offers no monetary support to illegal immigrants, so I really don’t know why anti-immigration activists complain so much about illegals not paying taxes. This law truly sadens me. Is America really the land of opportunity?

Diane Moore says:

August 7, 2011 at 7:57 pm

Tell ya what Carlos: Read Mexico’s immigration laws, then get back to us.

Roque Planas says:

August 7, 2011 at 10:47 pm

Regarding Mexico’s immigration laws: illegal immigration was decriminalized in May 2011–it is now a civil offense and not punishable by imprisonment. Unauthorized immigrants in Mexico now have the legal right to access state health care and education services. The reform was passed largely in response violence perpetrated in Mexico against Central American immigrants by human traffickers, and because Mexican politicians recognized the inconsistency between the country’s archaic immigration law their opposition to U.S. immigration laws.

Read more at El Nuevo Herald. http://bit.ly/ojlVJQ

Miguel Lopez says:

August 11, 2011 at 9:18 pm

I don’t agree with this law. Illegals have a right to be here too. The way I see it, we’re all illegals. let’s not forget who was here first. The Native Americans discovered this land it belongs to them. And why should it matter if you are here illegally or not? As long as somebody is here to work hard to provide for their families I think it’s okay. I thought the United States was about “the land of the free, and the home of the brave”. Well it doesn’t seem like it because no one is free. I oppose this law and have more strong opinions which I would rather not say. Let My People Be

WATCH: ‘Immigrants For Sale’ Documents Jailing Of Immigrants For Profit | Fall Of The Dollar says:

August 15, 2011 at 8:16 am

[…] some even stricter and more encompassing — in at least five other states. These include HB 56 in Alabama, Utah’s Compact / HB 497, Indiana’s SB 590, Georgia’s HB 87 and South […]

Jailing Undocumented Immigrants Is Big Business (VIDEO) | 2012: What's the 'real' truth? says:

August 15, 2011 at 9:22 am

[…] some even stricter and more encompassing — in at least five other states. These include HB 56 in Alabama, Utah’s Compact / HB 497, Indiana’s SB 590, Georgia’s HB 87 and South […]

PRISONS = PROFITS :: Jailing Undocumented Immigrants Is Big Business « THE SyNaMATIQ BLOG says:

August 15, 2011 at 1:30 pm

[…] some even stricter and more encompassing — in at least five other states. These include HB 56 in Alabama, Utah’s Compact / HB 497, Indiana’s SB 590, Georgia’s HB 87 and South […]

ICE has a potential relationship with the Nisqually Jail « Nisqually Jail Impact says:

August 15, 2011 at 1:36 pm

[…] some even stricter and more encompassing — in at least five other states. These include HB 56 in Alabama, Utah’s Compact / HB 497, Indiana’s SB 590, Georgia’s HB 87 and South […]

Mary Margaret Thomas says:

August 15, 2011 at 4:19 pm

I am an Alabamian who was raised to believe that this nation was founded on Judeo-Christian principals. Where are they? In the book of Exodus, it says, “Do not oppress or afflict the aliens among you. Remember that you, yourselves were once aliens in the land of Egypt.” Jesus also preached,”Whatsoever you do to the least of your brothers, that you do unto me.”
The Mobile Catholic Archdiocese to which I belong, is joined by the Episcopal diocese and the Methodist Churches in a lawsuit to sue the State of Alabama because this law interferes with their free exercise of religion. Our Archbishop stated publicly that this law impedes the performing of sacraments and the corporal works of mercy.

I don’t care what anyone says. It is a racist law. Nobody’s complaining about illegal Canadians, the paltry number of guards on the Northern border, and the fact that terrorists have come to the US through the Canadian border.

Alex RyKaldai says:

August 15, 2011 at 5:01 pm

LOOK.. WE ARE 50 million + give us 25 more years and we will rule this nation!!! LATINOS!!!!

Immigrants For Sale – YouTube « 2012 Indy Info says:

August 16, 2011 at 3:07 am

[…] some even stricter and more encompassing — in at least five other states. These include HB 56 in Alabama, Utah’s Compact / HB 497,Indiana’s SB 590, Georgia’s HB 87 and South […]

Gustavo Lira says:

August 17, 2011 at 2:27 pm

@Carlos Garcia This law states illegal aliens. Which are any people who are here illegally. They could be Asian,Mexican,Canadian,or from any other country. Hispanics are of Mexican heritage. Those people were born in the U.S.. So you can’t say that it’s “Anti-” anything because it says “aliens here unlawfully”.

Ken Whitley says:

August 19, 2011 at 6:55 pm

A foregoing comment said, ” Our Archbishop stated publicly that this law impedes the performing of sacraments and the corporal works of mercy.” What part of the law does that, exactly? Please tell us section, paragraph, and such.

Max n' Out Entertainment » Blog Archive » Jailing Undocumented Immigrants Is Big Business! says:

August 22, 2011 at 11:28 am

[…] some even stricter and more encompassing — in at least five other states. These include HB 56 in Alabama, Utah’s Compact / HB 497, Indiana’s SB 590, Georgia’s HB 87 and South […]

Brad lenz says:

August 24, 2011 at 5:27 pm

This is racist and I am ashamed to live in a state that tolerates this type of behavior.

Carlos Garcia says:

August 24, 2011 at 8:29 pm

Gustavo Lira: Of course the law states “illegal aliens”, but in reality, we all know they are aiming at the hispanic community. They’re obviously not going to state that the law is “Anti-Hispanic”; any idiot can figure it out without it having to be stated. And by the way, not all hispanics are of Mexican heritage (although I have no idea how that helps your point anyway.)

El Imigrante says:

August 30, 2011 at 12:19 am

Who will clean your houses? who will build your roads? who will cook and wash your dishes at your favorite restaurant? This law is Ok, illegal aliens they need to be expeled from USA, then you may bring back legal aliens with real lawfull wages to be paid. Usa economy and life will not get better unless you smarth withe asses stop being lasy pot smokers.

Un tribunal federal de EEUU bloquea la Ley de Inmigración de Alabama | Periódicos España says:

August 30, 2011 at 11:57 am

[…] Ley HB56 de Alabama, considerada la más dura con la inmigración ilegal, supondría que la […]

Laying Down the (Immigration) Law: Alabama vs. Arizona | Internet News World says:

August 31, 2011 at 2:55 am

[…] that the Justice Department has battled the state of Alabama in court to block implementation of HB 56, the immigration bill that mirrors Arizona’s controversial SB 1070 (PDF), it seems like as […]

Mrs. Padilla says:

August 31, 2011 at 6:04 pm

Frank Livingston: I suggest that you thank our Lord and Savior for being born in the U.S.A. People like you who grew up in a bubble have absolutely no idea what it means to be born into poverty or to want a better life not only for yourself but for your family as well. If you allow yourself to spend one second in the life of a so called “immigrant” you will see that they have the same desires, dreams, and aspirations as you have. God be with you.
I pray for a better life when people don’t crucify others on things they have absolutely no control over…like their place of birth.

* Reading all the componets of HB 56 breaks my heart for all those who will continue to be singled out based on their appearance. This is by far an extreme act of racial profiling at it’s worst!

The Fugitive Slave Act Lives « Wickersham's Conscience says:

September 2, 2011 at 10:16 am

[…] has enacted an anti-immigrant law that has a striking resemblance to the Fugitive Slave Act, complete with jail sentences and fines for persons who […]

Jack Nelson says:

September 4, 2011 at 2:54 pm

HB56 Is a bad law and should not be allowed to stand.

HB 56 Does more to crimilize the American Business man and the American Citizens than it does to solve the problem.
FURTHER MORE:
Any law abiding person should be able to live and work in America as long as they can support themselves.
They should not be given any subsisties and should have to pay for the schooling of their children, and provide a living for their family. How can they provide for themselves if they are not allowed to work.

Ali says:

September 12, 2011 at 12:29 pm

Look, I have friends who have been here 30 years who never even attempted any documentation. There’s an apartment across the street that prostitutes women out after they came here for a job, is that right?

To Carlos, if Mexico is so great re: new immigration policies, who’s going back? These problems should be handled at the source. WTH should you march in the streets here and not in Mexico City or where you come from (if you can). People here are telling me it’s okay if taxpayers money goes to housing, law enforcement, medical, etc.. Don’t get me started on ID theft and the second families set up here while the other family’s back home.

I’m all for coming over, I know I would do the same, but do what’s right. Don’t demand more rights than you had at home or more than a citizen here has. Can I come in your house, eat your food and do what I want then expect you to shut up, no. Let’s hear people hold forth on how their neighbor that has birthed, raised, fed, schooled their children could be attacked and want to watch their borders… yet they could give a damn while jihadis cross. This country being whole is in their best interest, what’s up with that?

I remember when immigrants came here, assimilated, pushed their kids to become Americans. No MRSA, MS13, those who wanted to bring multiple wives and get benefits (well, there were some Irish and Italian mobs/gangs that got through, muslims re: multiple wives), got through Ellis Island. There were national societies, churches, aid societies that took care of their own… they didn’t have their hands out demanding more rights than the citizens of the US.

Either it’s right or wrong, period, end of story.

I’ve given up my bed, fed, clothed and sponsored friends. I also have friends here decades who game the system.
I’ve had friends who stay silent when the gangbangers kill, it’s cultural right? Hey, that could’ve been me, who has always been there for you… but they haven’t done a damn thing for you and will not.

There should be an immigration bill. So all will pay taxes for the services they receive, be paid a fair wage. But those that clog the prison system, commit crimes, see ya. Funny I don’t hear anyone speaking on that. What happened to helping not just yourself but the country that hosts you and gave the opportunity?

For those that say the country will collapse if all left, see history. And while you’re in that history, look up some wars and treaties re: US, Mexico. Why do you next door have more right to this country than those who are being raped, exiled, persecuted in other countries, or those who do it the right way? We can’t even look for jihadis for gangbangers, drunken DUIs, ID fraud, rape, etc.. Does Mexico pay for the overfilled prison citizens and those born and educated in this country that don’t pay taxes? I didn’t think so. But they enjoy that money coming back from their citizens.

To the young lady upthread who lamented her husband being deported, were you not a citizen when you got married? What happened? There are a lot of orgs that can help with that.

Ms. Padilla. I grew up in Haiti, I know poverty and govt. corruption. My father did it right and got us here as soon as he could. He didn’t start a second family, he got his family where they belonged, with him. How do you feel about terrorists coming here, don’t you see this helps them? Is it me?

Rhonda English says:

September 13, 2011 at 12:36 am

#1 hispanic are not taking american job, they taking americans will not take. Secondly, they do pay taxes but they get no tax return so where is that money going. Thirdly, hispanic who are legal to be here are still not getting paid like american people are, and are not treated like american people.

I am an american citizen who knows first hand of how hispanics are treated and paid here int the us. I am also awear of first hand of how things are in another country. So why can’t they come and at least have the same respect and treatment as american people.

For Brittany if you feel that strongly about him being deported and that he loves his child why haven’t you gone to be with him. My husband before being legal was deported twice and both times i went with him to his home country {mexico}. So take your child and be with him in is country if you can.

People want to talk about mexicans being here but i can promise you if you ever went for anything length of time to Mexico you just might would change your mind about people coming here illegally. It is not that great over there, the things we take forgranted they do not have. For example our houses, apartments, mobile homes are furnished with central air for the most part, all have a hot water heater and if you have propain gas you have a gas tank. In Mexico none of this is provided and they have to buy those things, so if you are very poor you have none of these things. So if all of you who do not agree with some people being in the states maybe you should to there country and live their life and see how you last.

Last but not least not of get help from the government. I know plenty who does not get assistance such has food stamps, medicaid etc. And Mexico is not the only country that speaks spanish so maybe you need to do your research a little better.

HAVE A NICE DAY

Carlos Garcia says:

September 17, 2011 at 2:29 pm

Ali: “What happened to helping not just yourself but the country that hosts you and gave the opportunity?” Ummm how exactly do you expect us to do that when laws like these aim at crushing our chances of getting an education. It wasn’t the child’s decision to be taken to a foreign country illegally. Shall I be honest? I myself am not a U.S. citizen. I was brought into this country illegally just like every other “wetback.” Am I to take the blame? No. There are many unfortunate people like me who were born into the life of an alien. It is laws like these that disappoint us and frustrate us in our quest to get into college. As a high school student, I am just as accomplished as any other U.S. citizen here in the United States. I got a 32 on my ACT, and I am currently ranked in the top ten at my high school. Why shouldn’t I be allowed to get an education? It disgusts me when people like you talk about how we should be deprived of opportunities and rights. Put yourself in my shoes, and maybe then you will stop speaking from ignorance.

uncle sam says:

September 18, 2011 at 12:12 am

Land of the free….. long time ago. Now it’s the country of a new breed of Nazis that just like to call themselves tea party. I wonder who they pray for when those people go to church on sundays. they should pray for their rotten souls!

NYLS says:

September 19, 2011 at 7:11 pm

New York Law School’s legal reporting blog, Legal as She is Spoke, recently published a story based on this law.

http://www.lasisblog.com/2011/09/19/immigrants-and-christian-charity-unwelcome-in-alabama/

Check it out!

Roque Planas says:

September 19, 2011 at 7:21 pm

Thanks for letting us know!

Alabama’s Draconian Immigration Law | The Old Gringo says:

September 20, 2011 at 7:09 pm

[…] Alabama’s HB76, signed into law today by Governor Robert Bentley after being passed by the legislature, is the nation’s most Draconian immigration law, and at 72 pages, its most comprehensive and far-reaching. […]

My Mother’s Story and Why I’m Going to Georgia « MomsRising Blog says:

September 27, 2011 at 11:40 am

[…] families in the state’s recently passed anti-immigrant bill are even more obvious. Alabama’s HB 56, if fully implemented, would force schools to act as immigration agents by requiring them to […]

Mrs. Velasquez says:

September 27, 2011 at 10:26 pm

I agree with carlos maybe all of you american people who think this law should go into affect should put yourself in their(hispanic people) shoes because none of you know what they have to go threw until you have been threw it. Maybe all of you american people who believe that spanish people don’t pay taxes well guess what your wrong. They pay taxes just like everyone else. They dont come over here to take american peoples jobs they come over here and do the jobs that the lazy american people are to lazy to do so they can make a better life for their family. Why don’t you american people go bitch about your tax dollars going toward peoples food who is to lazy to work. I would really like to know how many spanish people you see signing up on foodstamps?? Maybe ya’ll should worry about that.

HB 56 (Partially) Upheld | American-Rattlesnake says:

September 28, 2011 at 2:21 pm

[…] federal judge has upheld most of the key provisions of Alabama’s immigration enforcement law, HB 56. Rest assured, American Rattlesnake will cover this story in-depth once more details of this […]

Fatima Ortega says:

September 28, 2011 at 9:37 pm

First with the Blacks , Know with Hispanics … I thought Raicisim ended back when Martin luther king fought for his people. I thought Wrong Albama just doesnt Stop. I wonder Whats next ?

richelle says:

September 28, 2011 at 11:13 pm

you people are so wrong for puting the law im from here but my parents are not so we had to leave cus of yall and this law is so stupid why do u even need it we are all people we are human but everybody that wanted the law yall can go to hell yall juss messed my life up now we have to start all over again thanks to you and your stupid goverment and i had a good life in alabama i use to love alabama so i juss wanna say do yall have hearts??????

Comments are closed.

Dispatches, United States

Text Of Alabama Immigration Law, HB 56

June 9, 2011 By Staff

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