Signed by Governor Robert Bentley

Vote Smart's Synopsis:

Vote to adopt a conference report that outlines the enforcement and development of immigration laws including, but not limited to, prohibiting businesses from employing undocumented immigrants.

Highlights:

• Prohibits any employer from knowingly employing or continuing to employ an undocumented immigrant (Sec. 15).

• Requires employers to use the E-Verify program in order to verify an employee's eligibility as required by federal regulations (Sec. 15).

• Defines the "E-Verify" program as the electronic verification of federal employment authorization program of the "Illegal Immigration Reform and Immigrant Responsibility Act" of 1996, operated by the United States Department of Homeland Security (Sec. 3).

• Specifies that employers who are in violation of these provisions can be placed on a 3 year probationary period, be ordered to submit an affidavit that the undocumented employee was terminated, and have their license suspended for up to 10 days for a first violation, and may have their license permanently revoked for a second or subsequent offense (Sec. 15).

• Specifies that businesses or subcontractors that receive state contracts or grants and are in violation of these provisions can have their contracts terminated and their business license suspended by the Attorney General for up to 60 days for a first offense, and may have their license permanently revoked upon a second or subsequent offense (Sec. 9).

• Requires the Alabama Department of Homeland Security to establish an E-Verify employer agent service for employers with 25 or fewer employees to use to verify employment eligibility (Sec. 26).

• Specifies the "willful failure to complete or carry an alien registration document" as a class C misdemeanor, punishable by a fine of up to $100 and up to 30 days in jail, if an individual is "unlawfully present" in the United States (Sec. 10).

• Specifies that the application, or soliciting of work by an undocumented immigrant in a public or private place is considered a class C misdemeanor, punishable by a fine of up to $500 (Sec. 11).

• Requires law enforcement officers or agencies to make a "reasonable attempt" to determine the immigration status, by means of verification with the federal government, of any person stopped, detained, or arrested when reasonable suspicion exists that the person is an undocumented immigrant (Sec. 12).

• Prohibits law enforcement officers or agencies from considering race, color, or national origin in the enforcement of these provisions, except as permitted by the United States Constitution and the Constitution of Alabama (Sec. 10).

• Specifies that a person is presumed to be lawfully present in the United States if certain documents are provided to the law enforcement officer or agency including, but not limited to, the following (Sec. 12):
• A valid Alabama driver's license, an Alabama non-driver identification form, or a valid driver's license from another State;
• A valid tribal enrollment card or other form of tribal identification; -Any valid United States federal or state government issued identification; or
• A valid passport and federal form I-94 or any successor document.

• Prohibits any individual from knowingly performing the following acts, punishable as a class A misdemeanor for every unlawfully present individual, or a class C felony if the act involves 10 or more unlawfully present individuals (Sec. 13):
• Concealing or harboring an undocumented immigrant;
• Concealing or harboring an undocumented immigrant by entering into a rental agreement;
• Encouraging or inducing an undocumented immigrant to reside in the state; and
• Transporting an undocumented immigrant in furtherance of his or her unlawful presence in the United States.

• Authorizes the Alabama Department of Homeland Security to hire and maintain certified state law enforcement officers (Sec. 22).

• Specifies that an undocumented immigrant that is convicted of a violation of state or local law must be transferred to the custody of the United States Immigration and Customs Enforcement Agency after discharge from imprisonment (Sec. 20).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that outlines the enforcement and development of immigration laws including, but not limited to, prohibiting businesses from employing undocumented immigrants.

Highlights:

• Prohibits any employer from knowingly employing or continuing to employ an undocumented immigrant (Sec. 15).

• Requires employers to use the E-Verify program in order to verify an employee's eligibility as required by federal regulations (Sec. 15).

• Defines the "E-Verify" program as the electronic verification of federal employment authorization program of the "Illegal Immigration Reform and Immigrant Responsibility Act" of 1996, operated by the United States Department of Homeland Security (Sec. 3).

• Specifies that employers who are in violation of these provisions can be placed on a 3 year probationary period, be ordered to submit an affidavit that the undocumented employee was terminated, and have their license suspended for up to 10 days for a first violation, and may have their license permanently revoked for a second or subsequent offense (Sec. 15).

• Specifies that businesses or subcontractors that receive state contracts or grants and are in violation of these provisions can have their contracts terminated and their business license suspended by the Attorney General for up to 60 days for a first offense, and may have their license permanently revoked upon a second or subsequent offense (Sec. 9).

• Requires the Alabama Department of Homeland Security to establish an E-Verify employer agent service for employers with 25 or fewer employees to use to verify employment eligibility (Sec. 26).

• Specifies the "willful failure to complete or carry an alien registration document" as a class C misdemeanor, punishable by a fine of up to $100 and up to 30 days in jail, if an individual is "unlawfully present" in the United States (Sec. 10).

• Specifies that the application, or soliciting of work by an undocumented immigrant in a public or private place is considered a class C misdemeanor, punishable by a fine of up to $500 (Sec. 11).

• Requires law enforcement officers or agencies to make a "reasonable attempt" to determine the immigration status, by means of verification with the federal government, of any person stopped, detained, or arrested when reasonable suspicion exists that the person is an undocumented immigrant (Sec. 12).

• Prohibits law enforcement officers or agencies from considering race, color, or national origin in the enforcement of these provisions, except as permitted by the United States Constitution and the Constitution of Alabama (Sec. 10).

• Specifies that a person is presumed to be lawfully present in the United States if certain documents are provided to the law enforcement officer or agency including, but not limited to, the following (Sec. 12):
• A valid Alabama driver's license, an Alabama non-driver identification form, or a valid driver's license from another State;
• A valid tribal enrollment card or other form of tribal identification; -Any valid United States federal or state government issued identification; or
• A valid passport and federal form I-94 or any successor document.

• Prohibits any individual from knowingly performing the following acts, punishable as a class A misdemeanor for every unlawfully present individual, or a class C felony if the act involves 10 or more unlawfully present individuals (Sec. 13):
• Concealing or harboring an undocumented immigrant;
• Concealing or harboring an undocumented immigrant by entering into a rental agreement;
• Encouraging or inducing an undocumented immigrant to reside in the state; and
• Transporting an undocumented immigrant in furtherance of his or her unlawful presence in the United States.

• Authorizes the Alabama Department of Homeland Security to hire and maintain certified state law enforcement officers (Sec. 22).

• Specifies that an undocumented immigrant that is convicted of a violation of state or local law must be transferred to the custody of the United States Immigration and Customs Enforcement Agency after discharge from imprisonment (Sec. 20).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends existing statutes concerning immigration enforcement.

Highlights:

• Requires a law enforcement officer to determine the immigration status of any person lawfully stopped, detained, or arrested when "reasonable" suspicion exists that such person is an undocumented immigrant (Sec. 2).

• Prohibits law enforcement officers from releasing an arrested person before his or her immigration status is determined (Sec. 2).

• Prohibits any official, government agency, or political subdivision from limiting or restricting the enforcement of federal immigration laws (Sec. 2).

• Specifies that a person is presumed not to be an undocumented immigrant if any of the following are provided to the law enforcement officer or agency (Sec. 2):
• A valid Alabama driver's license, an Alabama non-driver identification card, or a valid driver's license from another state;
• A valid tribal enrollment card or other form of tribal identification;
• Any valid United States federal or state government-issued identification;
• A valid passport and federal form I-94 or any successor document; or
• A valid Canadian federal or territorial government-issued identification.

• Requires undocumented immigrants who are convicted of a violation of state or local law to be transferred immediately to the custody of the United States Immigration and Customs Enforcement Agency or the United States Customs and Border Protection Agency, and authorizes law enforcement officers to transport undocumented immigrants outside of the officers' jurisdiction for this purpose (Sec. 2).

• Specifies that an undocumented immigrant is guilty of trespassing if he or she is present on any public or private land in the state of Alabama (Sec. 3).

• Prohibits law enforcement officers from considering race, color, or national origin when enforcing this act (Sec. 4).

• Prohibits the intentional smuggling of human beings for profit or commercial purposes, and specifies that such an act is a Class B felony (Sec. 4).

• Prohibits any individual from doing any of the following (Secs. 6 & 10):
• Knowingly concealing, harboring, or shielding or attempting to conceal, harbor, or shield an undocumented immigrant from detection in any place in the state of Alabama, including any building or means of transportation;
• Encouraging or inducing an undocumented immigrant to enter into or reside in the state of Alabama;
• Entering into a rental agreement with an undocumented immigrant; or -Knowingly assisting or conspiring to allow an undocumented immigrant to vote.

• Prohibits an undocumented immigrant from entering into, or attempting to enter into, a business transaction with the state including, but not limited to, the following types of transactions (Sec. 13):
• Applying for or renewing a motor vehicle license plate;
• Applying for a marriage license;
• Applying for or renewing a driver's license; or
• Applying for or renewing a business license.

• Prohibits an employer from knowingly or intentionally employing an undocumented immigrant (Sec. 7).

• Prohibits undocumented immigrants from knowingly applying for work, soliciting work in a public place, or performing work as an employee or independent contractor (Sec. 5).

• Prohibits drivers of motor vehicles from stopping on the street to attempt to hire or hire and pick up passengers for work at a different location if the vehicle impedes the normal movement of traffic (Sec. 5).

• Requires employers to use E-verify to verify the immigration status of an employee and keep a record of the verification for the duration of the employee's employment or at least 3 years, whichever is longer, beginning January 1, 2012 (Sec. 9).

• Requires the Department of Industrial Relations to establish and maintain a telephone verification system within 90 days of the effective date of this act for employers with 25 or fewer employees to utilize in lieu of the E-verify program (Sec. 9).

• Specifies that verification of immigration status is not required for certain purposes including, but not limited to, the following (Sec. 11):
• Obtaining health care services for the treatment of an emergency medical condition;
• Obtaining public health assistance for immunizations, family planning services, and the testing and treatment of symptoms of communicable diseases;
• Obtaining public assistance through the Special Supplemental Nutrition Program for Women, Infants and Children; and -Obtaining services or assistance delivered at the community level, such as soup kitchens, crisis counseling, and short-term shelter.

• Specifies that any individual convicted of dealing in false identification documents shall be fined $5,000 for every card or document that the individual creates or possesses (Sec. 16).

• Requires the Alabama Department of Homeland Security to report to the legislature every 2 years all of the following (Sec. 17):
• The total number of undocumented immigrants convicted of a crime;
• The total number of undocumented immigrants that have been deported; and
• A list of all employers that have been found guilty for violating this act.

• Representative Howard intended to vote "abstain."

Full Bill Text