HB226 Alabama 2012 Session

Summary

Primary Sponsor

Joe Hubbard

Democrat

Session

Regular Session 2012

Title

Immigration law, provision barring unlawfully present aliens from attending a public postsecondary school clarified, crime of criminal harboring of unlawfully present alien modified to exclude rentals to aliens, crime of conspiracy to transport alien eliminated, bail for certain detained aliens allowed under certain circumstances, collection of information related to attempts to register to vote by noncitizens required, employment, use of valid driver's license or nondriver identification card to verify citizenship or lawful presence for employment eligibility, authorized; Act 2011-535, 2011 Reg. Sess., am'd; Secs. 31-13-8, 31-13-9, 31-13-13, 31-13-15, 31-13-18, 31-13-19, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Secs. 31-13-5, 31-13-6, 31-13-10, 31-13-27 repealed

Summary

HB226 tightens Alabama's Beason-Hammon immigration law by clarifying bans on unlawfully present aliens, expanding employment verification, and rolling back several harboring and voting-related provisions.

What This Bill Does

If enacted, it would bar unlawfully present aliens from enrolling in public postsecondary institutions, allow bail for such aliens detained for failure to prove lawful presence, and require employers and state-funded entities to verify immigration status using E-Verify or Alabama driver’s licenses. It would repeal certain harboring and conspiracy provisions, align harboring interpretations with federal courts, and limit how aliens can be transferred to federal custody. It would also repeal voter eligibility data requirements, create new education and reporting duties for the Secretary of State and district attorneys about noncitizens attempting to register to vote, and tighten rules around business transactions with unlawfully present aliens.

Who It Affects

• Unlawfully present aliens: would be barred from attending public colleges, could face detention or transfer to federal authorities, and may have new avenues to post bail after stops for lack of lawful presence.
• Businesses, employers, and state contractors/subcontractors: would need to verify employees' work eligibility via E-Verify or a valid Alabama driver’s license/nondriver ID, with penalties including license suspensions/permits revocation and potential contract termination for violations.

Key Provisions

• §31-13-8: Clarifies that unlawfully present aliens cannot enroll in or attend public postsecondary institutions; institutions may verify status with federal systems but cannot independently determine legality.
• §31-13-9: Requires employers and state-funded entities to enroll in E-Verify or use Alabama driver’s licenses/nondriver IDs to verify employees; subcontractors must also verify and may enroll in E-Verify or verify via licenses/IDs.
• §31-13-13: Repeals criminal harboring for renting to aliens; includes religious exemptions and directs harboring interpretation to align with federal law; narrows criminal offenses related to harboring and transporting aliens.
• §31-13-15: Establishes enforcement mechanisms for employers and contractors, including possible license suspensions and fines for first and subsequent violations; requires affidavits of compliance and termination of unauthorized workers.
• §31-13-18 & §31-13-19: Allows bail for unlawfully present aliens detained for failure to demonstrate lawful presence; requires verification of status within 48 hours and transfer to federal custody when applicable.
• Voting provisions: Repeals prior voter eligibility requirements; requires education of district attorneys and information-sharing with Secretary of State about attempts to register noncitizens to vote; DA notification of prosecutions and annual reporting by the Secretary of State.
• §31-13-28 & §31-13-29: Defines 'business transactions' (driver’s license, vehicle license, business licenses) and requires demonstration of citizenship or lawful presence; verification through DHS systems or 8 U.S.C. § 1373(c); aliens not lawfully present barred from these transactions.
• General administration: Repeals certain provisions allowing private lawsuits against public officials for immigration enforcement and related data provisions; sets prospective application for contracting restrictions; notes local-fund expenditure considerations under Amendment 621 with exceptions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Immigration Law