SB256 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

Phillip W. WilliamsBill HoltzclawPaul BussmanDick BrewbakerShadrack McGillGreg J. ReedJimmy HolleyScott BeasonArthur OrrRoger Bedford, Jr.Rusty GloverPaul SanfordTrip PittmanJ.T. WaggonerGerald H. AllenClay Scofield

Session

Regular Session 2011

Title

Illegal immigrants, presence, employment, and benefits regulated, concealing, or protecting illegal aliens, prohibited, verification of legal status, penalties, Alabama Taxpayer and Citizen Protection Act, Sec. 32-6-9 am'd. (2011-20575)

Summary

SB256 is a broad anti-illegal immigration law that restricts unauthorized aliens' presence, benefits, and employment in Alabama and places new verification and enforcement obligations on employers, government agencies, and law enforcement.

What This Bill Does

If passed, the bill would prohibit unauthorized aliens from receiving most state or local benefits and from paying or receiving certain education benefits; require proof of lawful presence or citizenship for benefits and voting; mandate verification of employment eligibility (including for contractors and entities seeking state incentives) and create penalties for violations; empower state authorities to cooperate with federal immigration authorities, detain individuals with unverified status, and impose criminal penalties for concealing aliens or possessing false identification documents; authorize the Alabama Department of Homeland Security to hire state police for enforcement; require quarterly legislative reporting on enforcement efforts; and establish various procedures and penalties for violations by individuals, employers, and subcontractors.

Who It Affects

• Unauthorized aliens in Alabama, who would be barred from most public benefits, from working legally, and from receiving in-state or other education benefits, and who could face detention or criminal penalties under certain provisions.
• Businesses, employers, public employers, and government contractors, which would must verify employee eligibility (via E-Verify or equivalent documents), attest to not employing unauthorized aliens, face license or contract suspensions, fines, or debarment for violations, and may be required to keep records of employees' work authorization.

Key Provisions

• Defines key terms (alien, lawful presence, E-Verify, employment, etc.) to apply the act consistently.
• Attorney General to negotiate a Memorandum of Understanding with DHS or DOJ about enforcing federal immigration laws and to report back to the Legislature within six months.
• No unauthorized alien may receive state or local public benefits; applicants 18+ must prove citizenship or lawful presence when applying for benefits; benefits verification via SAVE or similar federal program; cooperation with DHS/ICE required.
• Unauthorized aliens are barred from most postsecondary education benefits and from in-state tuition, with several exceptions specified.
• Public employers and private entities seeking state contracts, grants, or incentives must verify employment eligibility (E-Verify), attest to not employing unauthorized aliens, and face penalties including license suspension or contract termination for violations.
• Creates crimes related to alien concealment, transport, or facilitation; establishes offenses for dealing in false identification documents and vital records identity fraud; penalties include fines and potential jail time.
• Requires law enforcement to verify immigration status in certain stops or detentions using federal verification (1373(c)); prohibits independent verification by officers outside those procedures.
• Allows the Alabama Department of Homeland Security to hire state police with enforcement powers for the act, subject to statutory expiration and rulemaking.
• Authorizes civil penalties and restitution; includes reporting requirements to the Legislature on enforcement progress and deportations; local funds impact is addressed under a constitutionally specified exception.
• Local expenditures and procedural aspects are governed by constitutional provisions and severability; act becomes effective January 1, 2012.

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