Signed by Governor Kay Ivey

Vote Smart's Synopsis:

Vote to amend and pass a bill that increases the crime of human smuggling to a Class C felony in Alabama.

Highlights:

• Defines an illegal alien as an individual who is not a citizen or national of the United States and is not lawfully present in the United States under any federal law, regulation, order, or directive (Sec. 1).

• Specifies that an individual shall not be considered an illegal alien until said individual’s immigration status has been verified to be unlawful by the federal government (Sec. 1).

• Repeals an existing requirement that law enforcement verify an individual’s immigration status within 24 hours of detainment or release said individual at the time they would otherwise be released from custody (Sec. 1).

• Limits the circumstances under which an individual detainee’s immigration status shall be checked to only include instances where the individual has been charged with certain felonies, class A misdemeanors, and other specific violations (Sec. 1).

• Specifies the methods in which a facility administrator shall check an individual detainee’s immigration status through inquiries to Immigration and Customs Enforcement of the United States Department of Homeland Security should the facility be unable to independently verify the individual’s immigration status through inquiry of the individual and/or examination of relevant documents (Sec. 1).

• Requires an administrator who has in custody an individual detainee that reasonably appears to have been issued a detainer and/or administrative warrant by Immigration and Customs Enforcement to hold said individual until the following conditions are met (Sec. 1):

• 48 hours have passed since the detainer and/or administrative warrant have been received;

• Immigration and Customs Enforcement takes custody of the individual; or

• The detainer and/or administrative warrant have been rescinded.

• Exempts law enforcement and administrative personnel from criminal and/or civil liability arising from actions taken under the aforementioned provisions (Sec. 1).

• Specifies that the aforementioned provisions shall not deny bond to an individual or prevent an individual from being released when they would otherwise be eligible for release (Sec. 1).

• Establishes the crime of knowingly transporting an individual into Alabama whose immigration status is unlawful as a Class C Felony, exempting the following circumstances (Sec. 3):

• Individuals being transferred to or from government facilities;

• Individuals transported as part of educational excursions;

• Individuals being transported to or from healthcare providers; and

• Individuals transported for religious or charitable reasons.

• Rescinds existing sections providing for the crime of concealing, harboring, or shielding illegal aliens (Sec. 3).

• Specifies that the provisions of this bill shall take effect beginning October 1, 2025 (Sec. 4).

Full Bill Text