Alabama Immigration Law
(Act No. 2011-535)
--------------------------------------------
Sponsor: Hammon
Subject: Immigration Law
Status: Enacted 2011-535
Last Action Date: 06/02/2011
Topics/Keywords: Illegal aliens, presence,
employment, contracts with, and benefits regulated, concealing, or protecting illegal
aliens, prohibited, verification of legal status for employment and public benefits
through E-Verify and SAVE, penalties, Alabama Department of Homeland Security to
establish E-Verify employer agent service, citizenship status of students required,
eligibility and requirements for voter registration, State Election Board, established,
certain business transactions prohibited, Beason-Hammon Alabama Taxpayer and Citizen
Protection Act, Sec. 32-6-9 am'd. (2011-21101)
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1
HB56
2
132433-8
3
By Representatives Hammon, Collins, Patterson, Rich, Nordgren,
4
Merrill, Treadaway, Johnson (R), Roberts, Henry, Bridges,
5
Gaston, Johnson (K), Chesteen, Sanderford, Williams (D),
6
McClendon, Wren, Williams (J), Hubbard (M), Williams (P),
7
Baughn, Moore (B), Long and Canfield
8
RFD: Public Safety and Homeland Security
9
First Read: 01-MAR-11
10 PFD:
02/25/2011
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2
ENROLLED, An Act,
3
Relating to illegal immigration; to define terms; to
4
require the Attorney General to attempt to negotiate a
5
Memorandum of Agreement under certain conditions; to require a
6
person to present proof of citizenship and residency before
7
voting; to preclude any state or local government or official
8
from refusing to assist the federal government in the
9
enforcement of federal immigration laws; to prohibit an alien
10 unlawfully
present in the United States from receiving any
11 state
or local public benefits; to prohibit a person not
12 lawfully
present from being eligible on the basis of residence
13 for
education benefits; to require business entities or
14 employers
seeking economic incentives to verify the employment
15 eligibility
of their employees and to provide penalties; to
16 require
an illegal alien to possess certain documents already
17 required
by federal law and to provide penalties; to prohibit
18 an
unauthorized alien from seeking employment in this state
19 and
to provide penalties; to require the verification of the
20 legal
status of persons by law enforcement officers under
21 certain
circumstances; to criminalize certain behavior
22 relating
to concealing, harboring, shielding, or attempting to
23 conceal,
harbor, or shield unauthorized aliens and to provide
24 penalties;
to create the crime of dealing in false
25 identification
documents and the crime of vital records
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1
identity fraud and to provide penalties; to prohibit a
2
business entity, employer, or public employer from knowingly
3
employing an unauthorized alien and to provide penalties; to
4
prohibit certain deductible business expenses; to make it a
5
discriminatory practice for a business entity or employer to
6
fail to hire a legally present job applicant or discharge an
7
employee while retaining an employee who is an unauthorized
8
alien under certain conditions; to require the verification of
9
legal status of every alien charged with a crime for which
10 bail
is required; to amend Section 32-6-9 of the Code of
11 Alabama
1975, relating to driver's licenses; to require law
12 enforcement
to detain any alien whose lawful immigration
13 status
cannot be verified under certain conditions; to require
14 notification
of the United States Bureau of Immigration and
15 Customs
Enforcement and the Alabama Department of Homeland
16 Security
when an unlawfully present alien is convicted of
17 state
law; to provide for a stay of the provisions of this act
18 when
an alien unlawfully present is a victim or critical
19 witness
of a crime under certain conditions; to authorize the
20 Alabama
Department of Homeland Security to hire state police
21 officers
and give the department enforcement power under
22 certain
conditions; to provide penalties for solicitation,
23 attempt,
or conspiracy to violate this act; to require the
24 Alabama
Department of Homeland Security to file a quarterly
25 report
with the Legislature under certain conditions; to
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require the Alabama Department of Homeland Security to
2
establish and maintain an E-Verify employer agent service
3
under certain conditions; to prohibit the enforcement of
4
certain contracts under certain conditions; to require public
5
schools to determine the citizenship and immigration status of
6
students enrolling; to require school districts to compile
7
certain data and submit reports to the State Board of
8
Education; to require the State Board of Education to submit
9
an annual report to the Legislature; to further provide for
10 eligibility
and requirements for voter registration; to
11 establish
a state election board; to provide duties of the
12 board;
to provide that a person may obtain a certified copy of
13 a
birth certificate from the Department of Public Health free
14 of
charge under certain conditions; to prohibit an alien not
15 lawfully
present from entering into a business transaction
16 under
certain conditions and provide penalties; to prohibit a
17 landlord
from knowingly entering into a rental agreement to
18 harbor
an illegal alien and provide penalties; and in
19 connection
therewith would have as its purpose or effect the
20 requirement
of a new or increased expenditure of local funds
21 within
the meaning of Amendment 621 of the Constitution of
22 Alabama
of 1901, now appearing as Section 111.05 of the
23 Official
Recompilation of the Constitution of Alabama of 1901,
24 as
amended.
25 BE
IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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Section 1. This act shall be known and may be cited
2
as the Beason-Hammon Alabama Taxpayer and Citizen Protection
3
Act.
4
Section 2. The State of Alabama finds that illegal
5
immigration is causing economic hardship and lawlessness in
6
this state and that illegal immigration is encouraged when
7
public agencies within this state provide public benefits
8
without verifying immigration status. Because the costs
9
incurred by school districts for the public elementary and
10 secondary
education of children who are aliens not lawfully
11 present
in the United States can adversely affect the
12 availability
of public education resources to students who are
13 United
States citizens or are aliens lawfully present in the
14 United
States, the State of Alabama determines that there is a
15 compelling
need for the State Board of Education to accurately
16 measure
and assess the population of students who are aliens
17 not
lawfully present in the United States, in order to
18 forecast
and plan for any impact that the presence such
19 population
may have on publicly funded education in this
20 state.
The State of Alabama further finds that certain
21 practices
currently allowed in this state impede and obstruct
22 the
enforcement of federal immigration law, undermine the
23 security
of our borders, and impermissibly restrict the
24 privileges
and immunities of the citizens of Alabama.
25 Therefore,
the people of the State of Alabama declare that it
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is a compelling public interest to discourage illegal
2
immigration by requiring all agencies within this state to
3
fully cooperate with federal immigration authorities in the
4
enforcement of federal immigration laws. The State of Alabama
5
also finds that other measures are necessary to ensure the
6
integrity of various governmental programs and services.
7
Section 3. For the purposes of this act, the
8
following words shall have the following meanings:
9
(1) ALIEN. Any person who is not a citizen or
10 national
of the United States, as described in 8 U.S.C. §
11 1101,
et seq., and any amendments thereto.
12
(2) BUSINESS ENTITY. Any person or group of persons
13 performing
or engaging in any activity, enterprise,
14 profession,
or occupation for gain, benefit, advantage, or
15 livelihood,
whether for profit or not for profit. "Business
16 entity"
shall include, but not be limited to the following:
17
a. Self-employed individuals, business entities
18 filing
articles of incorporation, partnerships, limited
19 partnerships,
limited liability companies, foreign
20 corporations,
foreign limited partnerships, foreign limited
21 liability
companies authorized to transact business in this
22 state,
business trusts, and any business entity that registers
23 with
the Secretary of State.
24
b. Any business entity that possesses a business
25 license,
permit, certificate, approval, registration, charter,
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or similar form of authorization issued by the state, any
2
business entity that is exempt by law from obtaining such a
3
business license, and any business entity that is operating
4
unlawfully without a business license.
5
(3) CONTRACTOR. A person, employer, or business
6
entity that enters into an agreement to perform any service or
7
work or to provide a certain product in exchange for valuable
8
consideration. This definition shall include, but not be
9
limited to, a general contractor, subcontractor, independent
10 contractor,
contract employee, project manager, or a
11 recruiting
or staffing entity.
12
(4) EMPLOYEE. Any person directed, allowed, or
13 permitted
to perform labor or service of any kind by an
14 employer.
The employees of an independent contractor working
15 for
a business entity shall not be regarded as the employees
16 of
the business entity, for the purposes of this act.
17
(5) EMPLOYER. Any person, firm, corporation,
18 partnership,
joint stock association, agent, manager,
19 representative,
foreman, or other person having control or
20 custody
of any employment, place of employment, or of any
21 employee,
including any person or entity employing any person
22 for
hire within the State of Alabama, including a public
23 employer.
This term shall not include the occupant of a
24 household
contracting with another person to perform casual
25 domestic
labor within the household.
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(6) EMPLOYMENT. The act of employing or state of
2
being employed, engaged, or hired to perform work or service
3
of any kind or character within the State of Alabama,
4
including any job, task, work, labor, personal services, or
5
any other activity for which compensation is provided,
6
expected, or due, including, but not limited to, all
7
activities conducted by a business entity or employer. This
8
term shall not include casual domestic labor performed in a
9
household on behalf of the occupant of the household or the
10 relationship
between a contractor and the employees of a
11 subcontractor
performing work for the contractor.
12
(7) E-VERIFY. The electronic verification of federal
13 employment
authorization program of the Illegal Immigration
14 Reform
and Immigrant Responsibility Act of 1996, P.L. 104-208,
15 Division
C, Section 403(a); 8 U.S.C. §1324(a), and operated by
16 the
United States Department of Homeland Security, or its
17 successor
program.
18
(8) FEDERAL WORK AUTHORIZATION PROGRAM. Any of the
19 electronic
verification of work authorization programs
20 operated
by the United States Department of Homeland Security
21 or
an equivalent federal work authorization program operated
22 by
the United States Department of Homeland Security to verify
23 information
of newly hired employees, under the Immigration
24 Reform
and Control Act of 1986 (IRCA), P.L. 99-603 or the
25 Illegal
Immigration Reform and Immigrant Responsibility Act of
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1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C.
2
§1324(a).
3
(9) KNOWS or KNOWINGLY. A person acts knowingly or
4
with knowledge with respect to either of the following:
5
a. The person's conduct or to attendant
6
circumstances when the person is aware of the nature of the
7
person's conduct or that those circumstances exist.
8
b. A result of the person's conduct when the person
9
is reasonably aware that the person's conduct is likely to
10 cause
that result.
11
(10) LAWFUL PRESENCE or LAWFULLY PRESENT. A person
12 shall
be regarded as an alien unlawfully present in the United
13 States
only if the person's unlawful immigration status has
14 been
verified by the federal government pursuant to 8 U.S.C. §
15 1373(c).
No officer of this state or any political subdivision
16 of
this state shall attempt to independently make a final
17 determination
of an alien's immigration status. An alien
18 possessing
self-identification in any of the following forms
19 is
entitled to the presumption that he or she is an alien
20 lawfully
present in the United States:
21
a. A valid, unexpired Alabama driver's license.
22
b. A valid, unexpired Alabama nondriver
23 identification
card.
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c. A valid tribal enrollment card or other form of
2
tribal identification bearing a photograph or other biometric
3
identifier.
4
d. Any valid United States federal or state
5
government issued identification document bearing a photograph
6
or other biometric identifier, if issued by an entity that
7
requires proof of lawful presence in the United States before
8
issuance.
9
e. A foreign passport with an unexpired United
10 States
Visa and a corresponding stamp or notation by the
11 United
States Department of Homeland Security indicating the
12 bearer's
admission to the United States.
13
f. A foreign passport issued by a visa waiver
14 country
with the corresponding entry stamp and unexpired
15 duration
of stay annotation or an I-94W form by the United
16 States
Department of Homeland Security indicating the bearer's
17 admission
to the United States.
18
(11) POLICY OR PRACTICE. A guiding principle or rule
19 that
may be written or adopted through repeated actions or
20 customs,
which must be sanctioned by an agency or the head of
21 an
agency.
22
(12) PROTECTIVE SERVICES PROVIDER. A child
23 protective
services worker; adult protective services worker;
24 protective
services provider; or provider of services to
25 victims
of domestic violence, stalking, sexual assault, or
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human trafficking that receives federal grants under the
2
Victim of Crimes Act, the Violence Against Women Act, or the
3
Family Violence Prevention and Services Act.
4
(13) PUBLIC EMPLOYER. Every department, agency, or
5
instrumentality of the state or a political subdivision of the
6
state including counties and municipalities.
7
(14) STATE-FUNDED ENTITY. Any governmental entity of
8
the state or a political subdivision thereof or any other
9
entity that receives any state monies.
10
(15) SUBCONTRACTOR. A subcontractor, contract
11 employee,
staffing agency, or any contractor, regardless of
12 its
tier.
13
(16) UNAUTHORIZED ALIEN. An alien who is not
14 authorized
to work in the United States as defined in 8 U.S.C.
15 §
1324a(h)(3).
16
Section 4. (a) The Attorney General shall attempt to
17 negotiate
the terms of a Memorandum of Agreement between the
18 State
of Alabama and the United States Department of Homeland
19 Security,
as provided in 8 U.S.C. Section 1357(g), concerning
20 the
enforcement of federal immigration laws, detentions and
21 removals,
and related investigations in the State of Alabama
22 by
certain state law enforcement officers designated by the
23 Attorney
General.
24
(b) The Memorandum of Agreement negotiated pursuant
25 to
subsection (a) shall be signed on behalf of this state by
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the Attorney General and the Governor or as otherwise required
2
by the appropriate federal agency.
3
(c) A report of the results of the attempt of the
4
Attorney General to enter into a Memorandum of Agreement shall
5
be submitted to the Legislature within six months of the
6
effective date of this act.
7
Section 5. (a) No official or agency of this state
8
or any political subdivision thereof, including, but not
9
limited to, an officer of a court of this state, may adopt a
10 policy
or practice that limits or restricts the enforcement of
11 federal
immigration laws by limiting communication between its
12 officers
and federal immigration officials in violation of 8
13 U.S.C.
§ 1373 or 8 U.S.C. § 1644, or that restricts its
14 officers
in the enforcement of this act. If, in the judgment
15 of
the Attorney General of Alabama, an official or agency of
16 this
state or any political subdivision thereof, including,
17 but
not limited to, an officer of a court in this state, is in
18 violation
of this subsection, the Attorney General shall
19 report
any violation of this subsection to the Governor and
20 the
state Comptroller and that agency or political subdivision
21 shall
not be eligible to receive any funds, grants, or
22 appropriations
from the State of Alabama until such violation
23 has
ceased and the Attorney General has so certified. Any
24 appeal
of the determination of the Attorney General as
25 considered
in this section shall be first appealed to the
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circuit court of the respective jurisdiction in which the
2
alleged offending agency resides.
3
(b) All state officials, agencies, and personnel,
4
including, but not limited to, an officer of a court of this
5
state, shall fully comply with and, to the full extent
6
permitted by law, support the enforcement of federal law
7
prohibiting the entry into, presence, or residence in the
8
United States of aliens in violation of federal immigration
9
law.
10
(c) Except as provided by federal law, officials or
11 agencies
of this state or any political subdivision thereof,
12 including,
but not limited to, an officer of a court of this
13 state,
may not be prohibited or in any way be restricted from
14 sending,
receiving, or maintaining information relating to the
15 immigration
status, lawful or unlawful, of any individual or
16 exchanging
that information with any other federal, state, or
17 local
governmental entity for any of the following official
18 purposes:
19
(1) Determining the eligibility for any public
20 benefit,
service, or license provided by any state, local, or
21 other
political subdivision of this state.
22
(2) Verifying any claim of residence or domicile if
23 determination
of residence or domicile is required under the
24 laws
of this state or a judicial order issued pursuant to a
25 civil
or criminal proceeding of this state.
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(3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.
2
(d) A person who is a United States citizen or an
3
alien who is lawfully present in the United States and is a
4
resident of this state may bring an action in circuit court to
5
challenge any official or head of an agency of this state or
6
political subdivision thereof, including, but not limited to,
7
an officer of a court in this state, that adopts or implements
8
a policy or practice that is in violation of 8 U.S.C. § 1373
9
or 8 U.S.C. § 1644. If there is a judicial finding that an
10 official
or head of an agency, including, but not limited to,
11 an
officer of a court in this state, has violated this
12 section,
the court shall order that the officer, official, or
13 head
of an agency pay a civil penalty of not less than one
14 thousand
dollars ($1,000) and not more than five thousand
15 dollars
($5,000) for each day that the policy or practice has
16 remained
in effect after the filing of an action pursuant to
17 this
section.
18
(e) A court shall collect the civil penalty
19 prescribed
in subsection (d) and remit one half of the civil
20 penalty
to the Alabama Department of Homeland Security and the
21 second
half shall be remitted to the Department of Public
22 Safety.
23
(f) Every person working for the State of Alabama or
24 a
political subdivision thereof, including, but not limited
25 to,
a law enforcement agency in the State of Alabama or a
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political subdivision thereof, shall have a duty to report
2
violations of this act. Any person who willfully fails to
3
report any violation of this act when the person knows that
4
this act is being violated shall be guilty of obstructing
5
governmental operations as defined in Section 13A-10-2 of the
6
Code of Alabama 1975.
7
(g) For the purposes of this section, the term
8
"official or head of an agency of this state" shall not
9
include a law enforcement officer or other personnel employed
10 in
a jail who is acting within the line and scope of his or
11 her
duty.
12
(h) For the purposes of this act, any proceedings
13 against
an official shall be only in his or her official
14 capacity.
Each side on any litigation considered within this
15 act
shall bear their own costs and fees associated with the
16 litigation
unless otherwise ordered by the court. For the
17 purposes
of this act, the relevant statute of repose for
18 assessing
penalties shall be no more than 30 days prior to the
19 initial
allegation of the violations of this act.
20
Section 6. (a) No official or agency of this state
21 or
any political subdivision thereof, including, but not
22 limited
to, an officer of a court of this state, may adopt a
23 policy
or practice that limits or restricts the enforcement of
24 this
act to less than the full extent permitted by this act or
25 that
in any way limits communication between its officers or
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officials in furtherance of the enforcement of this act. If,
2
in the judgment of the Attorney General of Alabama, an
3
official or agency of this state or any political subdivision
4
thereof, including, but not limited to, an officer of a court
5
of this state, is in violation of this subsection, the
6
Attorney General shall report any violation of this subsection
7
to the Governor and the state Comptroller and that agency or
8
political subdivision shall not be eligible to receive any
9
funds, grants, or appropriations from the State of Alabama
10 until
such violation has ceased and the Attorney General has
11 so
certified.
12
(b) All state officials, agencies, and personnel,
13 including,
but not limited to, an officer of a court of this
14 state,
shall fully comply with and, to the full extent
15 permitted
by law, support the enforcement of this act.
16
(c) Except as provided by this act, officials or
17 agencies
of this state or any political subdivision thereof,
18 including,
but not limited to, an officer of a court of this
19 state,
may not be prohibited or in any way be restricted from
20 sending,
receiving, or maintaining information relating to the
21 immigration
status, lawful or unlawful, of any individual or
22 exchanging
that information with any other federal, state, or
23 local
governmental entity for any of the following official
24 purposes:
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(1) Determining the eligibility for any public
2
benefit, service, or license provided by any state, local, or
3
other political subdivision of this state.
4
(2) Verifying any claim of residence or domicile if
5
determination of residence or domicile is required under the
6
laws of this state or a judicial order issued pursuant to a
7
civil or criminal proceeding of this state.
8
(3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.
9
(d) A person who is a United States citizen or an
10 alien
who is lawfully present in the United States and is a
11 resident
of this state may bring an action in circuit court to
12 challenge
any official or head of an agency of this state or
13 political
subdivision thereof, including, but not limited to,
14 an
officer of a court in this state, that adopts or implements
15 a
policy or practice that limits or restricts the enforcement
16 of
this act to less than the full extent permitted by this
17 act.
Such person shall have actual knowledge that any official
18 or
head of an agency of this state or political subdivision
19 thereof,
including, but not limited to, an officer of a court
20 in
this state, has adopted or implemented a policy or practice
21 that
limits or restricts the enforcement of this act to less
22 than
the full extent permitted by this act. If there is a
23 judicial
finding that an official or head of an agency,
24 including,
but not limited to, an officer of a court in this
25 state,
has violated this section, the court shall order that
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the officer, official, or head of an agency pay a civil
2
penalty of not less than one thousand dollars ($1,000) and not
3
more than five thousand dollars ($5,000) for each day that the
4
policy or practice has remained in effect after the filing of
5
an action pursuant to this section.
6
(e) A court shall collect the civil penalty
7
prescribed in subsection (d) and remit one half of the civil
8
penalty to the Alabama Department of Homeland Security and the
9
second half shall be remitted to the Department of Public
10 Safety.
11
(f) Every person working for the State of Alabama or
12 a
political subdivision thereof, including, but not limited
13 to,
a law enforcement agency in the State of Alabama or a
14 political
subdivision thereof, shall have a duty to report
15 violations
of this act. Failure to report any violation of
16 this
act when there is reasonable cause to believe that this
17 act
is being violated is guilty of obstructing governmental
18 operations
as defined in Section 13A-10-2, Code of Alabama
19 1975,
and shall be punishable pursuant to state law.
20
(g) For the purposes of this section, the term
21 "official
or head of an agency of this state" shall not
22 include
a law enforcement officer or other personnel employed
23 in
a jail who is acting within the line and scope of his or
24 her
duty.
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Section 7. (a) As used in this section, the
2
following terms have the following meanings:
3
(1) EMERGENCY MEDICAL CONDITION. The same meaning as
4
provided in 42 U.S.C. § 1396b(v)(3).
5
(2) FEDERAL PUBLIC BENEFITS. The same meaning as
6
provided in 8 U.S.C. § 1611.
7
(3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning
8
as provided in 8 U.S.C. § 1621.
9
(b) An alien who is not lawfully present in the
10 United
States and who is not defined as an alien eligible for
11 public
benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641
12 shall
not receive any state or local public benefits.
13
(c) Except as otherwise provided in subsection (e)
14 or
where exempted by federal law, commencing on the effective
15 date
of this act, each agency or political subdivision of the
16 state
shall verify with the federal government the lawful
17 presence
in the United States of each alien who applies for
18 state
or local public benefits, pursuant to 8 U.S.C. §§
19 1373(c),
1621, and 1625.
20
(d) An agency of this state or a county, city, town,
21 or
other political subdivision of this state may not consider
22 race,
color, or national origin in the enforcement of this
23 section.
24
(e) Verification of lawful presence in the United
25 States
shall not be required for any of the following:
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1
(1) For primary or secondary school education, and
2
state or local public benefits that are listed in 8 U.S.C. §
3
1621(b).
4
(2) For obtaining health care items and services
5
that are necessary for the treatment of an emergency medical
6
condition of the person involved and are not related to an
7
organ transplant procedure.
8
(3) For short term, noncash, in kind emergency
9
disaster relief.
10
(4) For public health assistance for immunizations
11 with
respect to immunizable diseases, for the Special
12 Supplemental
Nutrition Program for Women, Infants, and
13 Children,
and for testing and treatment of symptoms of
14 communicable
diseases, whether or not such symptoms are caused
15 by
a communicable disease.
16
(5) For programs, services, or assistance, such as
17 soup
kitchens, crisis counseling and intervention, and
18 short-term
shelter specified by federal law or regulation that
19 satisfy
all of the following:
20
a. Deliver in-kind services at the community level,
21 including
services through public or private nonprofit
22 agencies.
23
b. Do not condition the provision of assistance, the
24 amount
of assistance provided, or the cost of assistance
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1
provided on the income or resources of the individual
2
recipient.
3
c. Are necessary for the protection of life or
4
safety.
5
(6) For prenatal care.
6
(7) For child protective services and adult
7
protective services and domestic violence services workers.
8
(f) No official of this state or political
9
subdivision of this state shall attempt to independently make
10 a
final determination of whether an alien is lawfully present
11 in
the United States. An alien's lawful presence in the United
12 States
shall be verified by the federal government pursuant to
13 8
U.S.C. § 1373(c).
14
(g) Any United States citizen applying for state or
15 local
public benefits, except those benefits described in
16 subsection
(e), shall sign a declaration that he or she is a
17 United
States citizen.
18
(h) Any person who knowingly makes a false,
19 fictitious,
or fraudulent statement or representation in a
20 declaration
executed pursuant to subsection (g) shall be
21 guilty
of perjury in the second degree pursuant to Section
22 13A-10-102,
Code of Alabama 1975. Each time that a person
23 receives
a public benefit based upon such a statement or
24 representation
shall constitute a separate violation of
25 Section
13A-10-102, Code of Alabama 1975.
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1
(i) The verification that an alien seeking state or
2
local public benefits is an alien lawfully present in the
3
United States shall be made through the Systematic Alien
4
Verification for Entitlements (SAVE) program, operated by the
5
United States Department of Homeland Security. If for any
6
reason the verification of an alien's lawful presence through
7
the SAVE program is delayed or inconclusive, the alien shall
8
be eligible for state or local public benefits in the interim
9
period if the alien signs a declaration that he or she is an
10 alien
lawfully present in the United States. The penalties
11 under
subsection (h) shall apply to any false, fictitious, or
12 fraudulent
statement or representation made in a declaration.
13
(j) Each state agency or department that administers
14 a
program that provides state or local public benefits shall
15 provide
an annual report with respect to its compliance with
16 this
section to the Government Affairs Committee of the Senate
17 and
the Government Operations Committee of the House of
18 Representatives,
or any successor committees.
19
(k) Errors and significant delays resulting from use
20 of
the SAVE program shall be reported to the United States
21 Department
of Homeland Security and to the Alabama Department
22 of
Homeland Security to assist the federal government in
23 ensuring
that the application of the SAVE program is not
24 wrongfully
denying benefits to aliens lawfully present in the
25 United
States.
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1
(l) For the purposes of administering the Alabama
2
Child Health Insurance Program, verification and documentation
3
of lawful presence through any alternative means expressly
4
authorized by federal law shall satisfy the requirements of
5
this section.
6
Section 8. An alien who is not lawfully present in
7
the United States shall not be permitted to enroll in or
8
attend any public postsecondary education institution in this
9
state. An alien attending any public postsecondary institution
10 in
this state must either possess lawful permanent residence
11 or
an appropriate nonimmigrant visa under 8 U.S.C. § 1101, et
12 seq.
For the purposes of this section, a public postsecondary
13 education
institution officer may seek federal verification of
14 an
alien's immigration status with the federal government
15 pursuant
to 8 U.S.C. § 1373(c). A public postsecondary
16 education
institution officer or official shall not attempt to
17 independently
make a final determination of whether an alien
18 is
lawfully present in the United States. Except as otherwise
19 provided
by law, an alien who is not lawfully present in the
20 United
States shall not be eligible for any postsecondary
21 education
benefit, including, but not limited to,
22 scholarships,
grants, or financial aid.
23
Section 9. (a) As a condition for the award of any
24 contract,
grant, or incentive by the state, any political
25 subdivision
thereof, or any state-funded entity to a business
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1
entity or employer that employs one or more employees, the
2
business entity or employer shall not knowingly employ, hire
3
for employment, or continue to employ an unauthorized alien
4
and shall attest to such, by sworn affidavit signed before a
5
notary.
6
(b) As a condition for the award of any contract,
7
grant, or incentive by the state, any political subdivision
8
thereof, or any state-funded entity to a business entity or
9
employer that employs one or more employees, the business
10 entity
or employer shall provide documentation establishing
11 that
the business entity or employer is enrolled in the
12 E-Verify
program. During the performance of the contract, the
13 business
entity or employer shall participate in the E-Verify
14 program
and shall verify every employee that is required to be
15 verified
according to the applicable federal rules and
16 regulations.
17
(c) No subcontractor on a project paid for by
18 contract,
grant, or incentive by the state, any political
19 subdivision
thereof, or any state-funded entity shall
20 knowingly
employ, hire for employment, or continue to employ
21 an
unauthorized alien and shall attest to such by sworn
22 affidavit
signed before a notary. The subcontractor shall also
23 enroll
in the E-Verify program prior to performing any work on
24 the
project and shall attach to the sworn affidavit
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1
documentation establishing that the subcontractor is enrolled
2
in the E-Verify program.
3
(d) A contractor of any tier shall not be liable
4
under this section when such contractor contracts with its
5
direct subcontractor who violates subsection (c), if the
6
contractor receives a sworn affidavit from the subcontractor
7
signed before a notary attesting to the fact that the direct
8
subcontractor, in good faith, has complied with subsection (c)
9
with respect to verifying each of its employee's eligibility
10 for
employment, unless the contractor knows the direct
11 subcontractor
is violating subsection (c).
12
(e)(1) Upon the first violation of subsection (a) by
13 any
business entity or employer awarded a contract by the
14 state,
any political subdivision thereof, or any state-funded
15 entity
the business entity or employer shall be deemed in
16 breach
of contract and the state, political subdivision
17 thereof,
or state-funded entity may terminate the contract
18 after
providing notice and an opportunity to be heard. Upon
19 application
by the state entity, political subdivision
20 thereof,
or state-funded entity, the Attorney General may
21 bring
an action to suspend the business licenses and permits
22 of
the business entity or employer for a period not to exceed
23 60
days, according to the procedures described in Section 15.
24 The
court shall order the business entity or employer to file
25 a
signed, sworn affidavit with the local district attorney
Page 24
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1
within three days after the order is issued by the court
2
stating that the business entity or employer has terminated
3
the employment of every unauthorized alien and the business
4
entity or employer will not knowingly or intentionally employ
5
an unauthorized alien in this state. Before a business license
6
or permit that has been suspended under this subsection is
7
reinstated, a legal representative of the business entity or
8
employer shall submit to the court a signed, sworn affidavit
9
stating that the business entity or employer is in compliance
10 with
the provisions of this act and a copy of the Memorandum
11 of
Understanding issued to the business entity or employer at
12 the
time of enrollment in E-Verify.
13
(2) Upon a second or subsequent violation of
14 subsection
(a) by any business entity or employer awarded a
15 contract
by the state, any political subdivision thereof, or
16 any
state-funded entity the business entity or employer shall
17 be
deemed in breach of contract and the state, any political
18 subdivision
thereof, or any state-funded entity shall
19 terminate
the contract after providing notice and an
20 opportunity
to be heard. Upon application by the state entity,
21 political
subdivision thereof, or state-funded entity, the
22 Attorney
General may bring an action to permanently revoke the
23 business
licenses and permits of the business entity or
24 employer
according to the procedures described in Section 15.
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1
(f)(1) Upon the first violation of subsection (c) by
2
a subcontractor, the state or political subdivision thereof
3
may bar the subcontractor from doing business with the state,
4
any political subdivision thereof, any state-funded entity, or
5
with any contractor who contracts with the state, any
6
political subdivision thereof, or any state-funded entity
7
after providing notice and an opportunity to be heard. Upon
8
application by the state entity or political subdivision
9
thereof, or state-funded entity, the Attorney General may
10 bring
an action to suspend the business licenses and permits
11 of
the subcontractor for a period not to exceed 60 days,
12 according
to the procedures described in Section 15. The court
13 shall
order the subcontractor to file a signed, sworn
14 affidavit
with the local district attorney within three days
15 after
the order is issued by the court stating that the
16 subcontractor
has terminated the employment of every
17 unauthorized
alien and the subcontractor will not knowingly or
18 intentionally
employ an unauthorized alien in this state.
19 Before
a business license or permit that has been suspended
20 under
this subsection is reinstated, a legal representative of
21 the
subcontractor shall submit to the court a signed, sworn
22 affidavit
stating that the subcontractor is in compliance with
23 the
provisions of this act and a copy of the Memorandum of
24 Understanding
issued to the subcontractor at the time of
25 enrollment
in E-Verify.
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1
(2) Upon a second or subsequent violation of
2
subsection (c) by a subcontractor and upon application by the
3
state entity or political subdivision thereof, or state-funded
4
entity, the Attorney General may bring an action to
5
permanently suspend the business licenses of the business
6
entity or employer according to the procedures described in
7
Section 15. The determination of a violation shall be
8
according to the procedures described in Section 15.
9
(g) A business entity or employer that complies with
10 subsection
(b) shall not be found to be in violation of
11 subsection
(a). A subcontractor that is enrolled in the
12 E-Verify
program during the full period of performance of the
13 subcontract
shall not be found to be in violation of
14 subsection
(c).
15
(h) The Secretary of State shall adopt rules to
16 administer
this section and shall report any rules adopted to
17 the
Legislature.
18
(i) Compliance with this section may be verified by
19 the
state authorities or law enforcement at any time to ensure
20 a
contractual agreement as provided for in this section is
21 being
met.
22
(j) The suspension of a business license or permit
23 under
subsection (e)(1) and (f)(1) shall terminate one
24 business
day after a legal representative of the business
25 entity,
employer, or subcontractor submits a signed, sworn
Page 27
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1
affidavit stating that the business entity, employer, or
2
subcontractor is in compliance with the provisions of this act
3
to the court.
4
Section 10. (a) In addition to any violation of
5
federal law, a person is guilty of willful failure to complete
6
or carry an alien registration document if the person is in
7
violation of 8 U.S.C. § 1304(e) or 8 U.S.C. § 1306(a), and the
8
person is an alien unlawfully present in the United States.
9
(b) In the enforcement of this section, an alien's
10 immigration
status shall be determined by verification of the
11 alien's
immigration status with the federal government
12 pursuant
to 8 U.S.C. § 1373(c). A law enforcement officer
13 shall
not attempt to independently make a final determination
14 of
whether an alien is lawfully present in the United States.
15
(c) A law enforcement official or agency of this
16 state
or a county, city, or other political subdivision of
17 this
state may not consider race, color, or national origin in
18 the
enforcement of this section except to the extent permitted
19 by
the United States Constitution and the Constitution of
20 Alabama
of 1901.
21
(d) This section does not apply to a person who
22 maintains
authorization from the federal government to be
23 present
in the United States.
24
(e) Any record that relates to the immigration
25 status
of a person is admissible in any court of this state
Page 28
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1
without further foundation or testimony from a custodian of
2
records if the record is certified as authentic by the federal
3
government agency that is responsible for maintaining the
4
record. A verification of an alien's immigration status
5
received from the federal government pursuant to 8 U.S.C. §
6
1373(c) shall constitute proof of that alien's status. A court
7
of this state shall consider only the federal government's
8
verification in determining whether an alien is lawfully
9
present in the United States.
10
(f) An alien unlawfully present in the United States
11 who
is in violation of this section shall be guilty of a Class
12 C
misdemeanor and subject to a fine of not more than one
13 hundred
dollars ($100) and not more than 30 days in jail.
14
(g) A court shall collect the assessments prescribed
15 in
subsection (f) and remit 50 percent of the assessments to
16 the
general fund of the local government where the person was
17 apprehended
to be earmarked for law enforcement purposes, 25
18 percent
of the assessments to the Alabama Department of
19 Homeland
Security, and 25 percent of the assessments to the
20 Department
of Public Safety.
21
Section 11. (a) It is unlawful for a person who is
22 an
unauthorized alien to knowingly apply for work, solicit
23 work
in a public or private place, or perform work as an
24 employee
or independent contractor in this state.
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1
(b) In the enforcement of this section, an alien's
2
immigration status shall be determined by verification of the
3
alien's immigration status with the federal government
4
pursuant to 8 U.S.C. § 1373(c). A law enforcement officer
5
shall not attempt to independently make a final determination
6
on whether an alien is authorized to work in the United
7
States.
8
(c) A law enforcement official or agency of this
9
state or a county, city, or other political subdivision of
10 this
state may not consider race, color, or national origin in
11 the
enforcement of this section except to the extent permitted
12 by
the United States Constitution and the Constitution of
13 Alabama
of 1901.
14
(d) This section does not apply to a person who
15 maintains
authorization from the federal government to be
16 employed
in the United States.
17
(e) Any record that relates to the employment
18 authorization
of a person is admissible in any court of this
19 state
without further foundation or testimony from a custodian
20 of
records if the record is certified as authentic by the
21 federal
government agency that is responsible for maintaining
22 the
record. A verification of an alien's immigration status
23 received
from the federal government pursuant to 8 U.S.C. §
24 1373(c)
shall constitute proof of that alien's status. A court
25 of
this state shall consider only the federal government's
Page 30
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1
verification in determining whether a person is an
2
unauthorized alien.
3
(f) It is unlawful for an occupant of a motor
4
vehicle that is stopped on a street, roadway, or highway to
5
attempt to hire or hire and pick up passengers for work at a
6
different location if the motor vehicle blocks or impedes the
7
normal movement of traffic.
8
(g) It is unlawful for a person to enter a motor
9
vehicle that is stopped on a street, roadway or highway in
10 order
to be hired by an occupant of the motor vehicle and to
11 be
transported to work at a different location if the motor
12 vehicle
blocks or impedes the normal movement of traffic.
13
(h) A person who is in violation of this section
14 shall
be guilty of a Class C misdemeanor and subject to a fine
15 of
not more than five hundred dollars ($500).
16
(i) A court shall collect the assessments prescribed
17 in
subsection (h) and remit 50 percent of the assessments to
18 the
general fund of the local government where the person was
19 apprehended
to be earmarked for law enforcement purposes, 25
20 percent
of the assessments to the Alabama Department of
21 Homeland
Security, and 25 percent of the assessments to the
22 Department
of Public Safety.
23
(j) The terms of this section shall be interpreted
24 consistently
with 8 U.S.C. § 1324a and any applicable federal
25 rules
and regulations.
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1
Section 12. (a) Upon any lawful stop, detention, or
2
arrest made by a state, county, or municipal law enforcement
3
officer of this state in the enforcement of any state law or
4
ordinance of any political subdivision thereof, where
5
reasonable suspicion exists that the person is an alien who is
6
unlawfully present in the United States, a reasonable attempt
7
shall be made, when practicable, to determine the citizenship
8
and immigration status of the person, except if the
9
determination may hinder or obstruct an investigation. Such
10 determination
shall be made by contacting the federal
11 government
pursuant to 8 U.S.C. § 1373(c) and relying upon any
12 verification
provided by the federal government.
13
(b) Any alien who is arrested and booked into
14 custody
shall have his or her immigration status determined
15 pursuant
to 8 U.S.C. § 1373(c). The alien's immigration status
16 shall
be verified by contacting the federal government
17 pursuant
to 8 U.S.C. § 1373(c) within 24 hours of the time of
18 the
alien's arrest. If for any reason federal verification
19 pursuant
to 8 U.S.C. § 1373(c) is delayed beyond the time that
20 the
alien would otherwise be released from custody, the alien
21 shall
be released from custody.
22
(c) A law enforcement officer shall not attempt to
23 independently
make a final determination of whether an alien
24 is
lawfully present in the United States. A law enforcement
25 officer
may not consider race, color, or national origin in
Page 32
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1
implementing the requirements of this section except to the
2
extent permitted by the United States Constitution or the
3
Constitution of Alabama of 1901.
4
(d) A person is presumed to not be an alien who is
5
unlawfully present in the United States if the person provides
6
to the law enforcement officer any of the following:
7
(1) A valid, unexpired Alabama driver's license.
8
(2) A valid, unexpired Alabama nondriver
9
identification card.
10
(3) A valid tribal enrollment card or other form of
11 tribal
identification bearing a photograph or other biometric
12 identifier.
13
(4) Any valid United States federal or state
14 government
issued identification document bearing a photograph
15 or
other biometric identifier, if issued by an entity that
16 requires
proof of lawful presence in the United States before
17 issuance.
18
(5) A foreign passport with an unexpired United
19 States
Visa and a corresponding stamp or notation by the
20 United
States Department of Homeland Security indicating the
21 bearer's
admission to the United States.
22
(6) A foreign passport issued by a visa waiver
23 country
with the corresponding entry stamp and unexpired
24 duration
of stay annotation or an I-94W form by the United
Page 33
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1
States Department of Homeland Security indicating the bearer's
2
admission to the United States.
3
(e) If an alien is determined by the federal
4
government to be an alien who is unlawfully present in the
5
United States pursuant to 8 U.S.C. § 1373(c), the law
6
enforcement agency shall cooperate in the transfer of the
7
alien to the custody of the federal government, if the federal
8
government so requests.
9
Section 13. (a) It shall be unlawful for a person to
10 do
any of the following:
11
(1) Conceal, harbor, or shield or attempt to
12 conceal,
harbor, or shield or conspire to conceal, harbor, or
13 shield
an alien from detection in any place in this state,
14 including
any building or any means of transportation, if the
15 person
knows or recklessly disregards the fact that the alien
16 has
come to, has entered, or remains in the United States in
17 violation
of federal law.
18
(2) Encourage or induce an alien to come to or
19 reside
in this state if the person knows or recklessly
20 disregards
the fact that such coming to, entering, or residing
21 in
the United States is or will be in violation of federal
22 law.
23
(3) Transport, or attempt to transport, or conspire
24 to
transport in this state an alien in furtherance of the
25 unlawful
presence of the alien in the United States,
Page 34
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1
knowingly, or in reckless disregard of the fact, that the
2
alien has come to, entered, or remained in the United States
3
in violation of federal law. Conspiracy to be so transported
4
shall be a violation of this subdivision.
5
(4) Harbor an alien unlawfully present in the United
6
States by entering into a rental agreement, as defined by
7
Section 35-9A-141 of the Code of Alabama 1975, with an alien
8
to provide accommodations, if the person knows or recklessly
9
disregards the fact that the alien is unlawfully present in
10 the
United States.
11
(b) Any person violating the provisions of this
12 section
is guilty of a Class A misdemeanor for each unlawfully
13 present
alien, the illegal presence of which in the United
14 States
and the State of Alabama, he or she is facilitating or
15 is
attempting to facilitate.
16
(c) A person violating the provisions of this
17 section
is guilty of a Class C felony when the violation
18 involves
10 or more aliens, the illegal presence of which in
19 the
United States and the State of Alabama, he or she is
20 facilitating
or is attempting to facilitate.
21
(d) Notwithstanding any other law, a law enforcement
22 agency
may securely transport an alien whom the agency has
23 received
verification from the federal government pursuant to
24 8
U.S.C. § 1373(c) is unlawfully present in the United States
25 and
who is in the agency's custody to a state approved
Page 35
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1
facility, to a federal facility in this state, or to any other
2
point of transfer into federal custody that is outside the
3
jurisdiction of the law enforcement agency. A law enforcement
4
agency shall obtain judicial or executive authorization from
5
the Governor before securely transporting an alien who is
6
unlawfully present in the United States to a point of transfer
7
that is outside this state.
8
(e) Notwithstanding any other law, any person acting
9
in his or her official capacity as a first responder or
10 protective
services provider may harbor, shelter, move, or
11 transport
an alien unlawfully present in the United States
12 pursuant
to state law.
13
(f) Any conveyance, including any vessel, vehicle,
14 or
aircraft, that has been or is being used in the commission
15 of
a violation of this section, and the gross proceeds of such
16 a
violation, shall be subject to civil forfeiture under the
17 procedures
of Section 20-2-93 of the Code of Alabama 1975.
18
(g) In the enforcement of this section, an alien's
19 immigration
status shall be determined by verification of the
20 alien's
immigration status with the federal government
21 pursuant
to 8 U.S.C. § 1373(c). A law enforcement officer
22 shall
not attempt to independently make a final determination
23 of
whether an alien is lawfully present in the United States.
24
(h) Any record that relates to the immigration
25 status
of a person is admissible in any court of this state
Page 36
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1
without further foundation or testimony from a custodian of
2
records if the record is certified as authentic by the federal
3
government agency that is responsible for maintaining the
4
record. A verification of an alien's immigration status
5
received from the federal government pursuant to 8 U.S.C. §
6
1373(c) shall constitute proof of that alien's status. A court
7
of this state shall consider only the federal government's
8
verification in determining whether an alien is lawfully
9
present in the United States.
10
Section 14. (a) A person commits the crime of
11 dealing
in false identification documents if he or she
12 knowingly
reproduces, manufactures, sells, or offers for sale
13 any
identification document which does both of the following:
14
(1) Simulates, purports to be, or is designed so as
15 to
cause others reasonably to believe it to be an
16 identification
document.
17
(2) Bears a fictitious name or other false
18 information.
19
(b) A person commits the crime of vital records
20 identity
fraud related to birth, death, marriage, and divorce
21 certificates
if he or she does any of the following:
22
(1) Supplies false information intending that the
23 information
be used to obtain a certified copy of a vital
24 record.
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1
(2) Makes, counterfeits, alters, amends, or
2
mutilates any certified copy of a vital record without lawful
3
authority and with the intent to deceive.
4
(3) Obtains, possesses, uses, sells, or furnishes,
5
or attempts to obtain, possess, or furnish to another a
6
certified copy of a vital record, with the intent to deceive.
7
(c)(1) Dealing in false identification documents is
8
a Class C felony.
9
(2) Vital records identity fraud is a Class C
10 felony.
11
(d) The provisions of this section shall not apply
12 to
any of the following:
13
(1) A person less than 21 years of age who uses the
14 identification
document of another person to acquire an
15 alcoholic
beverage.
16
(2) A person less than 19 years of age who uses the
17 identification
documents of another person to acquire any of
18 the
following:
19
a. Cigarettes or tobacco products.
20
b. A periodical, videotape, or other communication
21 medium
that contains or depicts nudity.
22
c. Admittance to a performance, live or film, that
23 prohibits
the attendance of the person based on age.
24
d. An item that is prohibited by law for use or
25 consumption
by such person.
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1
(e) As used in this section, "identification
2
document" means any card, certificate, or document or banking
3
instrument, including, but not limited to, a credit or debit
4
card, which identifies or purports to identify the bearer of
5
such document, whether or not intended for use as
6
identification, and includes, but is not limited to, documents
7
purporting to be drivers' licenses, nondriver identification
8
cards, certified copies of birth, death, marriage, and divorce
9
certificates, Social Security cards, and employee
10 identification
cards.
11
(f) Any person convicted of dealing in false
12 identification
documents as defined in this section shall be
13 fined
up to one thousand dollars ($1,000) for every card or
14 document
he or she creates or possesses and be subject to any
15 and
all other state laws that may apply. A court shall collect
16 the
fines prescribed by this subsection and shall remit 50
17 percent
of the fines to the general fund of the local
18 government
that apprehended the person to be earmarked for law
19 enforcement
purposes, 25 percent of the fines to the Alabama
20 Department
of Homeland Security, and 25 percent of the fines
21 to
the Department of Public Safety.
22
Section 15. (a) No business entity, employer, or
23 public
employer shall knowingly employ, hire for employment,
24 or
continue to employ an unauthorized alien to perform work
25 within
the State of Alabama. Knowingly employ, hire for
Page 39
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1
employment, or continue to employ an unauthorized alien means
2
the actions described in 8 U.S.C. § 1324a.
3
(b) Effective April 1, 2012, every business entity
4
or employer in this state shall enroll in E-Verify and
5
thereafter, according to the federal statutes and regulations
6
governing E-Verify, shall verify the employment eligibility of
7
the employee through E-Verify. A business entity or employer
8
that uses E-Verify to verify the work authorization of an
9
employee shall not be deemed to have violated this section
10 with
respect to the employment of that employee.
11
(c) On a finding of a first violation by a court of
12 competent
jurisdiction that a business entity or employer
13 knowingly
violated subsection (a), the court shall do all of
14 the
following:
15
(1) Order the business entity or employer to
16 terminate
the employment of every unauthorized alien.
17
(2) Subject the business entity or employer to a
18 three-year
probationary period throughout the state. During
19 the
probationary period, the business entity or employer shall
20 file
quarterly reports with the local district attorney of
21 each
new employee who is hired by the business entity or
22 employer
in the state.
23
(3) Order the business entity or employer to file a
24 signed,
sworn affidavit with the local district attorney
25 within
three days after the order is issued by the court
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stating that the business entity or employer has terminated
2
the employment of every unauthorized alien and the business
3
entity or employer will not knowingly or intentionally employ
4
an unauthorized alien in this state.
5
(4) Direct the applicable state, county, or
6
municipal governing bodies to suspend the business licenses
7
and permits, if such exist, of the business entity or employer
8
for a period not to exceed 10 business days specific to the
9
business location where the unauthorized alien performed work.
10
(d)(1) Before a business license or permit that has
11 been
suspended under subsection (c) is reinstated, a legal
12 representative
of the business entity or employer shall submit
13 to
the court a signed, sworn affidavit stating that the
14 business
entity or employer is in compliance with the
15 provisions
of this act and a copy of the Memorandum of
16 Understanding
issued to the business entity or employer at the
17 time
of enrollment in E-Verify.
18
(2) The suspension of a business license or permit
19 under
subsection (c) shall terminate one business day after a
20 legal
representative of the business entity or employer
21 submits
a signed, sworn affidavit stating that the business
22 entity
or employer is in compliance with the provisions of
23 this
act to the court.
24
(e) For a second violation of subsection (a) by a
25 business
entity or employer, the court shall direct the
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1
applicable state, county, or municipal governing body to
2
permanently revoke all business licenses and permits, if such
3
exist, held by the business entity or employer specific to the
4
business location where the unauthorized alien performed work.
5
On receipt of the order, and notwithstanding any other law,
6
the appropriate agencies shall immediately revoke the licenses
7
and permits held by the business entity or employer.
8
(f) For a subsequent violation of subsection (a),
9
the court shall direct the applicable governing bodies to
10 forever
suspend the business licenses and permits, if such
11 exist,
of the business entity or employer throughout the
12 state.
13
(g) This section shall not be construed to deny any
14 procedural
mechanisms or legal defenses included in the
15 E-Verify
program or any other federal work authorization
16 program.
A person or entity that establishes that it has
17 complied
in good faith with the requirements of 8 U.S.C. §
18 1324a(b)
establishes an affirmative defense that the business
19 entity
or employer did not knowingly hire or employ an
20 unauthorized
alien.
21
(h) In proceedings of the court, the determination
22 of
whether an employee is an unauthorized alien shall be made
23 by
the federal government, pursuant to 8 U.S.C. § 1373(c). The
24 court
shall consider only the federal government's
25 determination
when deciding whether an employee is an
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1
unauthorized alien. The court may take judicial notice of any
2
verification of an individual's immigration status previously
3
provided by the federal government and may request the federal
4
government to provide further automated or testimonial
5
verification.
6
(i) Any business entity or employer that terminates
7
an employee to comply with this section shall not be liable
8
for any claims made against the business entity or employer by
9
the terminated employee, provided that such termination is
10 made
without regard to the race, ethnicity, or national origin
11 of
the employee and that such termination is consistent with
12 the
anti-discrimination laws of this state and of the United
13 States.
14
(j) If any agency of the state or any political
15 subdivision
thereof fails to suspend the business licenses or
16 permits,
if such exist, as a result of a violation of this
17 section,
the agency shall be deemed to have violated
18 subsection
(a) of Section 5 and shall be subject to the
19 penalties
thereunder.
20
(k) In addition to the district attorneys of this
21 state,
the Attorney General shall also have authority to bring
22 a
civil complaint in any court of competent jurisdiction to
23 enforce
the requirements of this section.
24
(1) Any resident of this state may petition the
25 Attorney
General to bring an enforcement action against a
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1
specific business entity or employer by means of a written,
2
signed petition. A valid petition shall include an allegation
3
that describes the alleged violator or violators, as well as
4
the action constituting the violation, and the date and
5
location where the action occurred.
6
(2) A petition that alleges a violation on the basis
7
of national origin, ethnicity, or race shall be deemed invalid
8
and shall not be acted upon.
9
(3) The Attorney General shall respond to any
10 petition
under this subdivision within 60 days of receiving
11 the
petition, either by filing a civil complaint in a court of
12 competent
jurisdiction or by informing the petitioner in
13 writing
that the Attorney General has determined that filing a
14 civil
complaint is not warranted.
15
(l) This section does not apply to the relationship
16 between
a party and the employees of an independent contractor
17 performing
work for the party and does not apply to casual
18 domestic
labor performed within a household.
19
(m) It is an affirmative defense to a violation of
20 subsection
(a) of this section that a business entity or
21 employer
was entrapped.
22
(1) To claim entrapment, the business entity or
23 employer
must admit by testimony or other evidence the
24 substantial
elements of the violation.
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(2) A business entity or employer who asserts an
2
entrapment defense has the burden of proving by clear and
3
convincing evidence the following:
4
a. The idea of committing the violation started with
5
law enforcement officers or their agents rather than with the
6
business entity or employer.
7
b. The law enforcement officers or their agents
8
urged and induced the business entity or employer to commit
9
the violation.
10
c. The business entity or employer was not already
11 predisposed
to commit the violation before the law enforcement
12 officers
or their agents urged and induced the employer to
13 commit
the violation.
14
(n) In addition to actions taken by the state or
15 political
subdivisions thereof, the Attorney General or the
16 district
attorney of the relevant county may bring an action
17 to
enforce the requirements of this section in any county
18 district
court of this state wherein the business entity or
19 employer
does business.
20
(o) The terms of this section shall be interpreted
21 consistently
with 8 U.S.C. § 1324a and any applicable federal
22 rules
and regulations.
23
Section 16. (a) No wage, compensation, whether in
24 money
or in kind or in services, or remuneration of any kind
25 for
the performance of services paid to an unauthorized alien
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shall be allowed as a deductible business expense for any
2
state income or business tax purposes in this state. This
3
subsection shall apply whether or not an Internal Revenue
4
Service Form 1099 is issued in conjunction with the wages or
5
remuneration.
6
(b) Any business entity or employer who knowingly
7
fails to comply with the requirements of this section shall be
8
liable for a penalty equal to 10 times the business expense
9
deduction claimed in violation of subsection (a). The penalty
10 provided
in this subsection shall be payable to the Alabama
11 Department
of Revenue.
12
Section 17. (a) It shall be a discriminatory
13 practice
for a business entity or employer to fail to hire a
14 job
applicant who is a United States citizen or an alien who
15 is
authorized to work in the United States as defined in 8
16 U.S.C.
§ 1324a(h)(3) or discharge an employee working in
17 Alabama
who is a United States citizen or an alien who is
18 authorized
to work in the United States as defined in 8 U.S.C.
19 §
1324a(h)(3) while retaining or hiring an employee who the
20 business
entity or employer knows, or reasonably should have
21 known,
is an unauthorized alien.
22
(b) A violation of subsection (a) may be the basis
23 of
a civil action in the state courts of this state. Any
24 recovery
under this subsection shall be limited to
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1
compensatory relief and shall not include any civil or
2
criminal sanctions against the employer.
3
(c) The losing party in any civil action shall pay
4
the court costs and reasonable attorneys fees for the
5
prevailing party; however, the losing party shall only pay the
6
attorneys fees of the prevailing party up to the amount paid
7
by the losing party for his or her own attorneys fees.
8
(d) The amount of the attorneys fees spent by each
9
party shall be reported to the court before the verdict is
10 rendered.
11
(e) In proceedings of the court, the determination
12 of
whether an employee is an unauthorized alien shall be made
13 by
the federal government, pursuant to 8 U.S.C. § 1373(c). The
14 court
shall consider only the federal government's
15 determination
when deciding whether an employee is an
16 unauthorized
alien. The court may take judicial notice of any
17 verification
of an individual's immigration status previously
18 provided
by the federal government and may request the federal
19 government
to provide further automated or testimonial
20 verification.
21
Section 18. Section 32-6-9, Code of Alabama 1975, is
22 amended
to read as follows:
23
"§32-6-9.
24
"(a) Every licensee shall have his or her license in
25 his
or her immediate possession at all times when driving a
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1
motor vehicle and shall display the same, upon demand of a
2
judge of any court, a peace officer or a state trooper.
3
However, no person charged with violating this section shall
4
be convicted if he or she produces in court or the office of
5
the arresting officer a driver's license theretofore issued to
6
him or her and valid at the time of his or her arrest.
7
"(b) Notwithstanding the provisions of Section
8
32-1-4, if a law officer arrests a person for a violation of
9
this section and the officer is unable to determine by any
10 other
means that the person has a valid driver's license, the
11 officer
shall transport the person to the nearest or most
12 accessible
magistrate.
13
"(c) A reasonable effort shall be made to determine
14 the
citizenship of the person and if an alien, whether the
15 alien
is lawfully present in the United States by verification
16 with
the federal government pursuant to 8 U.S.C. § 1373(c). An
17 officer
shall not attempt to independently make a final
18 determination
of whether an alien is lawfully present in the
19 United
States.
20
(d) A verification inquiry, pursuant to 8 U.S.C. §
21 1373(c),
shall be made within 48 hours to the Law Enforcement
22 Support
Center of the United States Department of Homeland
23 Security
or other office or agency designated for that purpose
24 by
the federal government. If the person is determined to be
25 an
alien unlawfully present in the United States, the person
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1
shall be considered a flight risk and shall be detained until
2
prosecution or until handed over to federal immigration
3
authorities."
4
Section 19. (a) When a person is charged with a
5
crime for which bail is required, or is confined for any
6
period in a state, county, or municipal jail, a reasonable
7
effort shall be made to determine if the person is an alien
8
unlawfully present in the United States by verification with
9
the federal government pursuant to 8 U.S.C. § 1373(c).
10
(b) A verification inquiry, pursuant to 8 U.S.C. §
11 1373(c),
shall be made within 48 hours to the Law Enforcement
12 Support
Center of the United States Department of Homeland
13 Security
or other office or agency designated for that purpose
14 by
the federal government. If the person is determined to be
15 an
alien unlawfully present in the United States, the person
16 shall
be considered a flight risk and shall be detained until
17 prosecution
or until handed over to federal immigration
18 authorities.
19
Section 20. If an alien who is unlawfully present in
20 the
United States is convicted of a violation of state or
21 local
law and is within 30 days of release or has paid any
22 fine
as required by operation of law, the agency responsible
23 for
his or her incarceration shall notify the United States
24 Bureau
of Immigration and Customs Enforcement and the Alabama
25 Department
of Homeland Security, pursuant to 8 U.S.C. § 1373.
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The Alabama Department of Homeland Security shall assist in
2
the coordination of the transfer of the prisoner to the
3
appropriate federal immigration authorities; however, the
4
Alabama Department of Corrections shall maintain custody
5
during any transfer of the individual.
6
Section 21. If a person is an alien who is
7
unlawfully present in the United States and is a victim of a
8
criminal act, is the child of a victim of a criminal act, is a
9
critical witness in any prosecution, or is the child of a
10 critical
witness in any prosecution of a state or federal
11 crime,
all provisions of this act shall be stayed until all of
12 the
related legal proceedings are concluded. However, the
13 relevant
state, county, or local law enforcement agency shall
14 comply
with any request by federal immigration officers to
15 take
custody of the person.
16
Section 22. (a) Notwithstanding the provisions of
17 Section
31-9A-9 of the Code of Alabama 1975, the Alabama
18 Department
of Homeland Security may hire, appoint, and
19 maintain
APOST certified state law enforcement officers. Such
20 officers
shall receive the same rights and benefits as those
21 prescribed
to officers of the Alabama Department of Public
22 Safety,
except for the purposes of retirement. The officers
23 shall
have the same retirement benefits as a law enforcement
24 officer
as defined under Section 36-27-59 of the Code of
25 Alabama
1975.
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1
(b) Unless a violation of state law occurs in their
2
presence, officers authorized under this section shall not
3
engage in routine law enforcement activity, except for those
4
investigative and analytical duties necessary to carry out the
5
enforcement of this act and to fulfill the mission of the
6
Alabama Department of Homeland Security or those duties
7
necessary to provide assistance to other law enforcement
8
agencies.
9
(c) The Director of the Alabama Department of
10 Homeland
Security shall have the authority to promulgate rules
11 for
the enforcement of this act.
12
Section 23. The Alabama Department of Homeland
13 Security
shall have the authority to coordinate with state and
14 local
law enforcement the practice and methods required to
15 enforce
this act in cooperation with federal immigration
16 authorities
and consistent with federal immigration laws.
17
Section 24. The Alabama Department of Homeland
18 Security
shall file a quarterly report to the Legislature on
19 the
progress being made regarding the enforcement of this act
20 and
the status of the progress being made in the effort to
21 reduce
the number of illegal aliens in the State of Alabama.
22 The
report shall include, but is not limited to, the
23 statistics
and results from the enforcement of the sections of
24 this
act, and suggestions on what can be done including
25 additional
legislation to further assist the federal
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1
government in its efforts to apprehend illegal aliens in the
2
State of Alabama. At the start of the 2013 fiscal year, the
3
report shall be filed twice a year. At the start of the 2015
4
fiscal year, the report is required annually. This report
5
shall also be made available to the public and shall be
6
announced through a press release from the Attorney General's
7
office.
8
Section 25. (a) A solicitation to violate any
9
criminal provision of this act, an attempt to violate any
10 criminal
provision of this act, or a conspiracy to violate any
11 criminal
provision of this act shall have the same penalty as
12 a
violation of this act.
13
(b) For the purposes of this section, solicitation
14 shall
have the same principles of liability and defenses as
15 criminal
solicitation under subsections (b) through (e) of
16 Section
13A-4-1, Code of Alabama 1975, and Section 13A-4-5,
17 Code
of Alabama 1975.
18
(c) For the purposes of this section, attempt shall
19 have
the same principles of liability and defenses as attempt
20 under
subsections (b) and (c) of Section 13A-4-2, Code of
21 Alabama
1975, and Section 13A-4-5, Code of Alabama 1975.
22
(d) For the purposes of this section, conspiracy
23 shall
have the same principles of liability and defenses as
24 criminal
conspiracy under subsections (b) through (f) of
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Section 13A-4-3, Code of Alabama 1975, and Sections 13A-4-4
2
and 13A-4-5, Code of Alabama 1975.
3
Section 26. (a)(1) The Alabama Department of
4
Homeland Security shall establish and maintain an E-Verify
5
employer agent service for any business entity or employer in
6
this state with 25 or fewer employees to use the E-Verify
7
program to verify an employee's employment eligibility on
8
behalf of the business entity or employer. The Alabama
9
Department of Homeland Security shall establish an E-Verify
10 employer
agent account with the United States Department of
11 Homeland
Security, shall enroll a participating business
12 entity
or employer in the E-Verify program on its behalf, and
13 shall
conform to all federal statutes and regulations
14 governing
E-Verify employer agents. The Alabama Department of
15 Homeland
Security shall not charge a fee to a participating
16 business
entity or employer for this service.
17
(2) The Alabama Department of Homeland Security
18 E-Verify
employer agent service shall be in place within 90
19 days
after the effective date of this act. The service shall
20 accommodate
a business entity or employer who wishes to
21 communicate
with the Alabama Department of Homeland Security
22 by
internet, by electronic mail, by facsimile machine, by
23 telephone,
or in person, provided that such communication is
24 consistent
with federal statutes and regulations governing
25 E-Verify
employer agents.
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(b) On or after January 1, 2012, before receiving
2
any contract, grant, or incentive by the state, any political
3
subdivision thereof, or any state-funded entity, a business
4
entity or employer shall provide proof to the state, political
5
subdivision thereof, or state-funded entity that the business
6
entity or employer is enrolled and is participating in the
7
E-Verify program, either independently or through the Alabama
8
Department of Homeland Security E-Verify employer agent
9
service.
10
(c) Every three months, the Alabama Department of
11 Homeland
Security shall request from the United States
12 Department
of Homeland Security a list of every business
13 entity
or employer in this state that is enrolled in the
14 E-Verify
program. On receipt of the list, the Alabama
15 Department
of Homeland Security shall make the list available
16 on
its website.
17
(d) A business entity or employer that is enrolled
18 in
the E-Verify program and that verifies the employment
19 eligibility
of an employee in good faith pursuant to this
20 section,
and acts in conformity with all applicable federal
21 statutes
and regulations is immune from liability under
22 Alabama
law for any action by an employee for wrongful
23 discharge
or retaliation based on a notification from the
24 E-Verify
program that the employee is an unauthorized alien.
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1
Section 27. (a) No court of this state shall enforce
2
the terms of, or otherwise regard as valid, any contract
3
between a party and an alien unlawfully present in the United
4
States, if the party had direct or constructive knowledge that
5
the alien was unlawfully present in the United States at the
6
time the contract was entered into, and the performance of the
7
contract required the alien to remain unlawfully present in
8
the United States for more than 24 hours after the time the
9
contract was entered into or performance could not reasonably
10 be
expected to occur without such remaining.
11
(b) This section shall not apply to a contract for
12 lodging
for one night, a contract for the purchase of food to
13 be
consumed by the alien, a contract for medical services, or
14 a
contract for transportation of the alien that is intended to
15 facilitate
the alien's return to his or her country of origin.
16
(c) This section shall not apply to a contract
17 authorized
by federal law.
18
(d) In proceedings of the court, the determination
19 of
whether an alien is unlawfully present in the United States
20 shall
be made by the federal government, pursuant to 8 U.S.C.
21 §
1373(c). The court shall consider only the federal
22 government's
determination when deciding whether an alien is
23 unlawfully
present in the United States. The court may take
24 judicial
notice of any verification of an individual's
25 immigration
status previously provided by the federal
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1
government and may request the federal government to provide
2
further automated or testimonial verification.
3
Section 28. (a)(1) Every public elementary and
4
secondary school in this state, at the time of enrollment in
5
kindergarten or any grade in such school, shall determine
6
whether the student enrolling in public school was born
7
outside the jurisdiction of the United States or is the child
8
of an alien not lawfully present in the United States and
9
qualifies for assignment to an English as Second Language
10 class
or other remedial program.
11
(2) The public school, when making the determination
12 required
by subdivision (1), shall rely upon presentation of
13 the
student's original birth certificate, or a certified copy
14 thereof.
15
(3) If, upon review of the student's birth
16 certificate,
it is determined that the student was born
17 outside
the jurisdiction of the United States or is the child
18 of
an alien not lawfully present in the United States, or
19 where
such certificate is not available for any reason, the
20 parent,
guardian, or legal custodian of the student shall
21 notify
the school within 30 days of the date of the student's
22 enrollment
of the actual citizenship or immigration status of
23 the
student under federal law.
24
(4) Notification shall consist of both of the
25 following:
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1
a. The presentation for inspection, to a school
2
official designated for such purpose by the school district in
3
which the child is enrolled, of official documentation
4
establishing the citizenship and, in the case of an alien, the
5
immigration status of the student, or alternatively by
6
submission of a notarized copy of such documentation to such
7
official.
8
b. Attestation by the parent, guardian, or legal
9
custodian, under penalty of perjury, that the document states
10 the
true identity of the child. If the student or his or her
11 parent,
guardian, or legal representative possesses no such
12 documentation
but nevertheless maintains that the student is
13 either
a United States citizen or an alien lawfully present in
14 the
United States, the parent, guardian, or legal
15 representative
of the student may sign a declaration so
16 stating,
under penalty of perjury.
17
(5) If no such documentation or declaration is
18 presented,
the school official shall presume for the purposes
19 of
reporting under this section that the student is an alien
20 unlawfully
present in the United States.
21
(b) Each school district in this state shall collect
22 and
compile data as required by this section.
23
(c) Each school district shall submit to the State
24 Board
of Education an annual report listing all data obtained
25 pursuant
to this section.
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1
(d)(1) The State Board of Education shall compile
2
and submit an annual public report to the Legislature.
3
(2) The report shall provide data, aggregated by
4
public school, regarding the numbers of United States
5
citizens, of lawfully present aliens by immigration
6
classification, and of aliens believed to be unlawfully
7
present in the United States enrolled at all primary and
8
secondary public schools in this state. The report shall also
9
provide the number of students in each category participating
10 in
English as a Second Language Programs enrolled at such
11 schools.
12
(3) The report shall analyze and identify the
13 effects
upon the standard or quality of education provided to
14 students
who are citizens of the United States residing in
15 Alabama
that may have occurred, or are expected to occur in
16 the
future, as a consequence of the enrollment of students who
17 are
aliens not lawfully present in the United States.
18
(4) The report shall analyze and itemize the fiscal
19 costs
to the state and political subdivisions thereof of
20 providing
educational instruction, computers, textbooks and
21 other
supplies, free or discounted school meals, and
22 extracurricular
activities to students who are aliens not
23 lawfully
present in the United States.
24
(5) The State Board of Education shall prepare and
25 issue
objective baseline criteria for identifying and
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1
assessing the other educational impacts on the quality of
2
education provided to students who are citizens of the United
3
States, due to the enrollment of aliens who are not lawfully
4
present in the United states, in addition to the statistical
5
data on citizenship and immigration status and English as a
6
Second Language enrollment required by this act. The State
7
Board of Education may contract with reputable scholars and
8
research institutions to identify and validate such criteria.
9
The State Board of Education shall assess such educational
10 impacts
and include such assessments in its reports to the
11 Legislature.
12
(e) Public disclosure by any person of information
13 obtained
pursuant to this section which personally identifies
14 any
student shall be unlawful, except for purposes permitted
15 pursuant
to 8 U.S.C. §§ 1373 and 1644. Any person intending to
16 make
a public disclosure of information that is classified as
17 confidential
under this section, on the ground that such
18 disclosure
constitutes a use permitted by federal law, shall
19 first
apply to the Attorney General and receive a waiver of
20 confidentiality
from the requirements of this subsection.
21
(f) A student whose personal identity has been
22 negligently
or intentionally disclosed in violation of this
23 section
shall be deemed to have suffered an invasion of the
24 student's
right to privacy. The student shall have a civil
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1
remedy for such violation against the agency or person that
2
has made the unauthorized disclosure.
3
(g) The State Board of Education shall construe all
4
provisions of this section in conformity with federal law.
5
(h) This section shall be enforced without regard to
6
race, religion, gender, ethnicity, or national origin.
7
Section 29. (a) Applications for voter registration
8
shall give voter eligibility requirements and such information
9
as is necessary to prevent duplicative voter registrations and
10 enable
the relevant election officer to assess the eligibility
11 of
the applicant and to administer voter registration,
12 identify
the applicant and to determine the qualifications of
13 the
applicant as an elector and the facts authorizing such
14 person
to be registered. Applications shall contain a
15 statement
that the applicant shall be required to provide
16 qualifying
identification when voting.
17
(b) The Secretary of State shall create a process
18 for
the county election officer to check to indicate whether
19 an
applicant has provided with the application the information
20 necessary
to assess the eligibility of the applicant,
21 including
the applicant's United States citizenship. This
22 section
shall be interpreted and applied in accordance with
23 federal
law. No eligible applicant whose qualifications have
24 been
assessed shall be denied registration.
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1
(c) The county election officer or Secretary of
2
State's office shall accept any completed application for
3
registration, but an applicant shall not be registered until
4
the applicant has provided satisfactory evidence of United
5
States citizenship. Satisfactory evidence of United States
6
citizenship shall be provided in person at the time of filing
7
the application for registration or by including, with a
8
mailed registration application, a photocopy of one of the
9
documents listed as evidence of United States citizenship in
10 subsection
(k). After a person has submitted satisfactory
11 evidence
of citizenship, the county election officer shall
12 indicate
this information in the person's permanent voter
13 file.
14
(d) Any person who is registered in this state on
15 the
effective date of this act is deemed to have provided
16 satisfactory
evidence of United States citizenship and shall
17 not
be required to submit evidence of citizenship.
18
(e) For purposes of this section, proof of voter
19 registration
from another state is not satisfactory evidence
20 of
United States citizenship.
21
(f) A registered voter who moves from one residence
22 to
another within the state or who modifies his or her voter
23 registration
records for any other reason shall not be
24 required
to submit evidence of United States citizenship.
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(g) If evidence of United States citizenship is
2
deemed to be unsatisfactory due to an inconsistency between
3
the document submitted as evidence and the name or sex
4
provided on the application for registration, such applicant
5
may sign an affidavit containing both of the following:
6
(1) Stating the inconsistency or inconsistencies
7
related to the name or sex, and the reason therefor.
8
(2) Swearing under oath that, despite the
9
inconsistency, the applicant is the individual reflected in
10 the
document provided as evidence of citizenship.
11
(h) There shall be no inconsistency between the date
12 of
birth on the document provided as evidence of citizenship
13 and
the date of birth provided on the application for
14 registration.
If such an affidavit is submitted by the
15 applicant,
the county election officer or Secretary of State
16 shall
assess the eligibility of the applicant without regard
17 to
any inconsistency stated in the affidavit.
18
(i) All documents submitted as evidence of United
19 States
citizenship shall be kept confidential by the county
20 election
officer or the Secretary of State and maintained as
21 provided
by record retention laws.
22
(j) Nothing in this section shall prohibit an
23 applicant
from providing, or the Secretary of State or county
24 election
officer from obtaining, satisfactory evidence of
25 United
States citizenship, as described in this section, at a
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1
different time or in a different manner than an application
2
for registration is provided, as long as the applicant's
3
eligibility can be adequately assessed by the Secretary of
4
State or county election officer as required by this section.
5
(k) Evidence of United States citizenship shall be
6
demonstrated by one of the following documents, or a legible
7
photocopy of one of the following documents:
8
(1) The applicant's driver's license or nondriver's
9
identification card issued by the division of motor vehicles
10 or
the equivalent governmental agency of another state within
11 the
United States if the agency indicates on the applicant's
12 driver's
license or nondriver's identification card that the
13 person
has provided satisfactory proof of United States
14 citizenship.
15
(2) The applicant's birth certificate that verifies
16 United
States citizenship to the satisfaction of the county
17 election
officer or Secretary of State.
18
(3) Pertinent pages of the applicant's United States
19 valid
or expired passport identifying the applicant and the
20 applicant's
passport number, or presentation to the county
21 election
officer of the applicant's United States passport.
22
(4) The applicant's United States naturalization
23 documents
or the number of the certificate of naturalization.
24 If
only the number of the certificate of naturalization is
25 provided,
the applicant shall not be included in the
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1
registration rolls until the number of the certificate of
2
naturalization is verified with the United States Bureau of
3
Citizenship and Immigration Services by the county election
4
officer or the Secretary of State, pursuant to 8 U.S.C. §
5
1373(c).
6
(5) Other documents or methods of proof of United
7
States citizenship issued by the federal government pursuant
8
to the Immigration and Nationality Act of 1952, and amendments
9
thereto.
10
(6) The applicant's Bureau of Indian Affairs card
11 number,
tribal treaty card number, or tribal enrollment
12 number.
13
(7) The applicant's consular report of birth abroad
14 of
a citizen of the United States of America.
15
(8) The applicant's certificate of citizenship
16 issued
by the United States Citizenship and Immigration
17 Services.
18
(9) The applicant's certification of report of birth
19 issued
by the United States Department of State.
20
(10) The applicant's American Indian card, with KIC
21 classification,
issued by the United States Department of
22 Homeland
Security.
23
(11) The applicant's final adoption decree showing
24 the
applicant's name and United States birthplace.
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(12) The applicant's official United States military
2
record of service showing the applicant's place of birth in
3
the United States.
4
(13) An extract from a United States hospital record
5
of birth created at the time of the applicant's birth
6
indicating the applicant's place of birth in the United
7
States.
8
(l) There is hereby established the State Election
9
Board, consisting of the Secretary of State, the Attorney
10 General,
and the Lieutenant Governor. The State Election Board
11 shall
meet on the call of the Secretary of State. The State
12 Election
Board shall do both of the following:
13
(1) Assess information provided by any applicant for
14 voter
registration as evidence of citizenship pursuant to
15 subsection
(m).
16
(2) Adopt rules to implement subsection (m).
17
(m)(1) If an applicant is a United States citizen
18 but
does not have any of the documentation listed in this
19 section
as satisfactory evidence of United States citizenship,
20 the
applicant may submit any evidence that the applicant
21 believes
demonstrates the applicant's United States
22 citizenship.
23
(2) Any applicant seeking an assessment of evidence
24 under
this section may directly contact the office of the
25 Secretary
of State by submitting a voter registration
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application or the national voter registration form and any
2
supporting evidence of United States citizenship. Upon receipt
3
of this information, the Secretary of State shall notify the
4
State Election Board that such application is pending.
5
(3) The State Election Board shall give the
6
applicant an opportunity for a hearing, upon the applicant's
7
request in writing, and an opportunity to present any
8
additional evidence to the State Election Board. Notice of
9
such hearing shall be given to the applicant at least five
10 days
prior to the hearing date. An applicant shall have the
11 opportunity
to be represented by counsel at such hearing.
12
(4) The State Election Board shall assess the
13 evidence
provided by the applicant to determine whether the
14 applicant
has provided satisfactory evidence of United States
15 citizenship.
A decision of the State Election Board shall be
16 determined
by a majority vote of the board.
17
(5) If an applicant submits an application and any
18 supporting
evidence prior to the close of registration for an
19 election
cycle, a determination by the State Election Board
20 shall
be issued at least five days before such election date.
21
(6) If the State Election Board finds that the
22 evidence
presented by the applicant constitutes satisfactory
23 evidence
of United States citizenship, the applicant shall
24 meet
the requirements under this section to provide
25 satisfactory
evidence of United States citizenship.
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(7) If the State Election Board finds that the
2
evidence presented by an applicant does not constitute
3
satisfactory evidence of United States citizenship, the
4
applicant shall have the right to appeal such determination by
5
the State Election Board by instituting an action under 8
6
U.S.C. § 1503. Any negative assessment of an applicant's
7
eligibility by the State Election Board shall be reversed if
8
the applicant obtains a declaratory judgment pursuant to 8
9
U.S.C. § 1503, demonstrating that the applicant is a national
10 of
the United States.
11
(n)(1) The Department of Public Health shall not
12 charge
or accept any fee for a certified copy of a birth
13 certificate
if the certificate is requested by any person who
14 is
17 years of age or older for purposes of meeting the voter
15 registration
requirements of this act. The person requesting a
16 certified
copy of a birth certificate shall swear under oath
17 to
both of the following:
18
a. That the person plans to register to vote in this
19 state.
20
b. That the person does not possess any of the
21 documents
that constitute evidence of United States
22 citizenship
as defined in this act.
23
(2) The affidavit shall specifically list the
24 documents
that constitute evidence of United States
25 citizenship
as defined in this act.
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Section 30. (a) For the purposes of this section,
2
"business transaction" includes any transaction between a
3
person and the state or a political subdivision of the state,
4
including, but not limited to, applying for or renewing a
5
motor vehicle license plate, applying for or renewing a
6
driver's license or nondriver identification card, or applying
7
for or renewing a business license. "Business transaction"
8
does not include applying for a marriage license.
9
(b) An alien not lawfully present in the United
10 States
shall not enter into or attempt to enter into a
11 business
transaction with the state or a political subdivision
12 of
the state and no person shall enter into a business
13 transaction
or attempt to enter into a business transaction on
14 behalf
of an alien not lawfully present in the United States.
15
(c) Any person entering into a business transaction
16 or
attempting to enter into a business transaction with this
17 state
or a political subdivision of this state shall be
18 required
to demonstrate his or her United States citizenship,
19 or
if he or she is an alien, his or her lawful presence in the
20 United
States to the person conducting the business
21 transaction
on behalf of this state or a political subdivision
22 of
this state. United States citizenship shall be demonstrated
23 by
presentation of one of the documents listed in Section
24 29(k).
An alien's lawful presence in the United States shall
25 be
demonstrated by this state's or a political subdivision of
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this state's verification of the alien's lawful presence
2
through the Systematic Alien Verification for Entitlements
3
program operated by the Department of Homeland Security, or by
4
other verification with the Department of Homeland Security
5
pursuant to 8 U.S.C. § 1373(c).
6
(d) A violation of this section is a Class C felony.
7
(e) An agency of this state or a county, city, town,
8
or other political subdivision of this state may not consider
9
race, color, or national origin in the enforcement of this
10 section
except to the extent permitted by the United States
11 Constitution
or the Constitution of Alabama of 1901.
12
(f) In the enforcement of this section, an alien's
13 immigration
status shall be determined by verification of the
14 alien's
immigration status with the federal government
15 pursuant
to 8 U.S.C. § 1373(c). An official of this state or
16 political
subdivision of this state shall not attempt to
17 independently
make a final determination of whether an alien
18 is
lawfully present in the United States.
19
Section 31. Nothing in this act is in any way meant
20 to
implement, authorize, or establish the Real ID Act of 2005
21 (P.L.
109-13, Division D; 119 Stat. 302).
22
Section 32. Although this bill would have as its
23 purpose
or effect the requirement of a new or increased
24 expenditure
of local funds, the bill is excluded from further
25 requirements
and application under Amendment 621, now
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appearing as Section 111.05 of the Official Recompilation of
2
the Constitution of Alabama of 1901, as amended, because the
3
bill defines a new crime or amends the definition of an
4
existing crime.
5
Section 33. The provisions of this act are
6
severable. If any part of this act is declared invalid or
7
unconstitutional, that declaration shall not affect the part
8
which remains.
9
Section 34. Sections 22 and 23 of this act shall
10 become
effective immediately following the passage and
11 approval
of this act by the Governor, or its otherwise
12 becoming
law. Section 9 shall become effective on January 1,
13 2012,
following the passage and approval of this act by the
14 Governor,
or its otherwise becoming law. Section 15 shall
15 become
effective on April 1, 2012, following the passage and
16 approval
of this act by the Governor, or its otherwise
17 becoming
law. The remainder of this act shall become effective
18 on
the first day of the third month following the passage and
19 approval
of this act by the Governor, or its otherwise
20 becoming
law.
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2
3
_______________________________________
4
Speaker of the House of Representatives
5
_______________________________________
6
President and Presiding Officer of the Senate
7
House of Representatives
8
I hereby certify that the within Act originated in
9
and was passed by the House 05-APR-11, as amended.
10
11 Greg
Pappas
12 Clerk
13
14 _______________________________________
15 Senate
05-MAY-11 Amended and Passed
16 House
02-JUN-11 Passed, as amended by Conference Committee Report
17 Senate
02-JUN-11 Passed, as amended by Conference Committee
Report
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