- Primary Sponsor
- Co-Sponsors
- Session
- Regular Session 2012
- Title
- Immigration law, provision barring unlawfully present alien from attending postsecondary school clarified, lawsuits for failure to enforce laws, procedures revised, documentation for lawful presence, military identification authorized, voter registration provisions modified, certain lawful presence verification for certain subsequent issuance and renewals of certain licenses, procedures and penalties for employing unauthorized alien, penalties for certain lawsuits relating to employment practices, Secs. 31-13-3, 31-13-5, 31-13-6, 31-13-8, 31-13-9, 31-13-13, 31-13-19, 31-13-20, 31-13-23, 31-13-26, 31-13-28, 31-13-29, 32-6-9, 32-6-10.1 am'd; Act 2011-535, 2011 Reg. Sess., am'd
- Summary
HB658 tightens Alabama's immigration enforcement by expanding verification, restricting unlawfully present aliens from certain benefits and activities, and strengthening penalties and reporting requirements.
What This Bill Does
It updates Beason-Hammon Act provisions to require federal verification of immigration status for many activities, bars unlawfully present aliens from attending public colleges and receiving certain benefits, and imposes penalties on those who employ or harbor them. It also expands driver’s license rules for foreign nationals, strengthens requirements for E-Verify in state contracts, and creates extensive reporting and data-sharing duties among state agencies. Additionally, it overhauls voter registration to require citizenship proof, increases enforcement tools for law enforcement, and increases Department of Revenue audits of SSN/ITIN usage to detect fraud.
Who It Affects
- Unlawfully present aliens: barred from public postsecondary enrollment, may face licensing and employment verification requirements, and are subject to enforcement actions.
- Public colleges and students: must verify lawful presence; aliens not lawfully present cannot enroll or receive certain financial aid.
- Employers, contractors, and subcontractors: must enroll in and use E-Verify for applicable workers, attest to not employing unauthorized aliens, and risk contract termination or license suspension for violations.
- State agencies and law enforcement: given enforcement duties, subpoena power, and reporting obligations; AG may defend officers; records and status verifications required.
- Department of Revenue and enforcement agencies: must conduct annual/periodic checks for misuse of Social Security numbers or ITINs and report findings.
- Voter registration authorities and voters: must verify citizenship evidence and provide processes to handle alternative proofs if needed.
Key Provisions
- §31-13-3 definitions: expands terms like ALIEN, EMPLOYER, E-VERIFY, LAWFUL PRESENCE, and UNAUTHORIZED ALIEN; presumes lawful presence for certain IDs and prohibits independent status determinations by state officials.
- §31-13-5 and §31-13-6 enforcement policies: prohibits agencies from restricting enforcement of federal immigration laws; violations can trigger loss of state funds until corrected and subject to civil penalties.
- §31-13-8 postsecondary education: aliens not lawfully present cannot enroll or attend public postsecondary institutions; status verification allowed; financial aid and scholarships restricted for unlawfully present aliens.
- §31-13-9 employment and contracts: requires sworn affidavits and E-Verify enrollment for entities receiving state funds or contracts; penalties include contract termination, license suspensions, and potential permanent revocation for repeated violations.
- §31-13-13 criminal provisions: makes concealing, transporting, or harboring unlawfully present aliens illegal with penalties; allows seizure of conveyances used in violations; final immigration status verified via federal verification.
- §31-13-19 and §31-13-20 enforcement cooperation: requires enforcement coordination with federal authorities and allows stays in certain prosecutions involving victims or critical witnesses; federal requests for custody honored where appropriate.
- §31-13-23 reporting requirements: ADS must report quarterly to the Legislature on enforcement progress and publish a public, county-tagged summary on its website.
- §31-13-26 contractual voiding: contracts entered with aliens unlawfully present can be deemed void; exemptions for lodging, food, medical services, or federally authorized contracts; strict enforcement and penalties.
- §31-13-28 voter registration: citizenship proof required; State Election Board to assess alternative evidence; hearing rights and procedures for challenging citizenship; documentation list expanded for citizenship verification.
- §31-13-29 public records and transactions: aliens must demonstrate citizenship or lawful presence for public records transactions; verification may use SAVE or DHS verification; violations are Class C felonies for noncompliance.
- §32-6-9 and §32-6-10.1 foreign nationals: clarifies driver’s license processes for foreign nationals, including country of origin, expiration of immigration documents, and license designation; licenses issued for at least 160 days and renewed under renewed processes; 48-hour verification of citizenship by law enforcement.
- §Section 4–AG defense: if a law enforcement officer enforces the Act according to Alabama standards, the state may defend the officer against federal personal liability suits.
- §Section 5–9 enforcement, reporting, and public data: requires quarterly county-level reporting of unlawfully present detainees and court appearances, plus public website publication and ongoing verification of immigration status.
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
