SB256 Alabama 2010 Session

Summary

Primary Sponsor

Scott Beason

Republican

Session

Regular Session 2010

Title

Illegal immigrants, employment, benefits, and services of illegal immigrants regulated, identification documents, citizenship status, verified employee identification card and legal status, arrests for driving without a license, procedures, denial of bail, transporting or concealing illegal aliens, prohibited, penalties, Alabama Taxpayer and Citizen Protection Act, Sec. 32-6-9 am'd.

Summary

SB256 would tighten Alabama's immigration enforcement by requiring employment eligibility checks, restricting benefits for unauthorized aliens, creating new ID and fraud units, and increasing penalties for noncompliance by employers and others.

What This Bill Does

If enacted, the bill would require employers to verify employees' legal status using one of three methods or Alabama's verified employee Identification card, create a new Alabama verified employee ID, and penalize employers who fail to verify. It would make it a crime to transport, conceal, harbor, or shield an illegal immigrant, require citizenship status checks for benefits and contracts, and restrict eligibility for scholarships, tuition, and public aid to legally present individuals. It would also establish a Fraudulent Documents Identification Unit, allow cooperation with federal immigration authorities, and set up rules for local and state compliance with federal immigration laws.

Who It Affects

• Employers and business entities: mustverify employee status, may face fines, license suspensions, or revocation for noncompliance, and could be required to use E-Verify or Alabama's verifier.
• Non-U.S. citizens and unauthorized aliens: subject to verification requirements, possible penalties for presence in the state without lawful status, and limitations on benefits, licenses, and education access.
• Public agencies, schools, and contractors: must verify citizenship or lawful presence for benefits, tuition, and contracts; potential penalties for noncompliance; creation of identification controls.
• State and local law enforcement and government entities: required to cooperate with federal immigration authorities and support enforcement efforts; funding and reporting requirements established.

Key Provisions

• Section 1 establishes the Alabama Taxpayer and Citizen Protection Act.
• Section 3 defines key terms: ALIEN, EMPLOYEE, EMPLOYER, E-VERIFY, PUBLIC EMPLOYER, CONTRACTOR, and UNAUTHORIZED ALIEN.
• Section 4 makes it unlawful to transport, conceal, harbor, or protect an illegal alien from detection; sets a Class C felony for violations.
• Section 5 allows creation of identification documents and requires that certain identifications be issued only to U.S. citizens, nationals, or lawful permanent residents (with temporary exceptions for certain statuses).
• Section 6 requires the Alabama Department of Public Safety to issue the Alabama verified employee identification card starting 2011 and mandates verification of legal status for all non-resident employees; outlines three acceptable verification methods.
• Section 6 also requires employers to verify work eligibility for all employees and to keep proof on file; includes a provision for civil penalties and a reability rule for disputes.
• Section 7 requires agencies and political subdivisions to verify lawful presence for benefits to individuals aged 14 and older, and allows affidavits and SAVE program verification for eligibility; includes due process and variations for efficiency.
• Section 8 imposes withholding and tax penalties on employers who fail to verify status or comply with E-Verify requirements; creates penalties and potential tax consequences.
• Section 9 prohibits deducting wages for unauthorized aliens from state taxes; requires reporting on E-Verify enrollment and use in an annual employer affidavit.
• Section 10 provides for a Memorandum of Understanding with federal agencies and prohibits local governments from restricting communication with federal authorities about immigration status; allows information sharing.
• Section 11 bans in-state postsecondary benefits and resident tuition for unauthorized aliens (with a limited exception for the 2010-2011 school year).
• Section 12 creates a Fraudulent Documents Identification Unit in the Department of Public Safety to combat forged IDs and imposes fines for creating or possessing falsified cards.
• Section 16 and 17 amend driver license rules and traffic enforcement to require verification and possible transportation to magistrates when license verification is not possible.
• Section 18 requires custody facilities to verify citizenship status of prisoners and provides timelines for verification; outlines consequences for nonverification.
• Section 19 states the bill is exempt from Amendment 621 requirements because it defines a new crime or amends existing crime definitions.
• Section 21 states the act becomes effective immediately after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Citizenship