SB140 Alabama 2012 Session

Summary

Primary Sponsor

Gerald O. Dial

Republican

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, admissibility of certain evidence regarding determinations of alien status, clarified, Act 2011-535, 2011 Reg. Sess., am'd; Secs. 31-13-8, 31-13-10, 31-13-11, 31-13-13, 31-13-18, 31-13-19, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Secs. 31-13-5, 31-13-6, 31-13-27 repealed

Summary

SB140 revises Alabama immigration provisions to clarify unlawful presence rules, adjust penalties and enforcement, and modify voting, contracting, and education data requirements.

What This Bill Does

It clarifies that aliens not lawfully present cannot enroll in public postsecondary institutions and requires status to be verified through federal records. It repeals the crime of renting a dwelling to unlawfully present aliens and adds religious exemptions to harboring and transporting provisions, aligning interpretation with federal courts. It requires verification of immigration status by law enforcement using federal records, with a 48 hour window for verification and detention if unlawfully present. It removes certain voter eligibility rules, requires education for district attorneys, and directs the Secretary of State to report on prosecutions involving noncitizens attempting to register to vote.

Who It Affects

• Unlawfully present aliens (undocumented immigrants) who would face higher barriers to education, potential housing and contracting limitations, and criminal penalties under harboring and transporting provisions.
• State and local government entities and officials (public colleges, law enforcement, district attorneys, and the Secretary of State) who would implement status verification, enforcement, reporting, and educational requirements related to citizenship and voting.

Key Provisions

• Public postsecondary education: aliens not lawfully present may not enroll in or attend public colleges; status verification via federal records (8 U.S.C. 1373(c)) with schools not making independent final determinations of legality.
• Harboring and related crimes: repeals the rental housing harboring offense; retains harboring and transporting provisions with religious exemptions and requires interpretation to align with federal court interpretations.
• Voter registration and citizenship: repeals voter eligibility provisions and requires the Secretary of State and district attorneys to educate and report on noncitizen attempts to register to vote; district attorneys must notify the Secretary of State of related prosecutions; Secretary of State to compile an annual report.
• Status verification and bail: clarifies admissibility of federal alien status determinations in court; repeals bail denial based on alien status; requires federal verification to determine status in criminal proceedings.
• Custody and transfer: transfers to federal custody apply only to aliens already in custody; custody and transfer arrangements align with federal verification.
• Contracts with aliens: prohibits state contracting with unlawfully present aliens; applies prospectively to contracts entered after the bill's effective date; certain lodging, food, medical, and transportation contracts may be exempt.
• Business transactions: defines and restricts which state or local government transactions involve unlawfully present aliens; requires demonstration of citizenship or lawful presence and uses federal verification (1373(c) or SAVE program).
• Private lawsuits and data: repeals sections authorizing private lawsuits to enforce immigration laws and repeals sections on alien public education enrollment data.
• Effective date and local funds: act becomes effective immediately after passage; note that local expenditure rules follow constitutional exceptions allowing the bill to become effective without local 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

Immigration Law