SB75 Alabama 2012 Session

Summary

Primary Sponsor

Paul Sanford

Republican

Session

Regular Session 2012

Title

Businesses, employers, and certain subcontractors, use of E-Verify, driver's license, or identification card to verify immigration status and employment eligibility authorized, Act 2011-535, 2011 Reg. Sess. am'd.; Secs. 31-13-9, 31-13-15 am'd.

Summary

SB75 lets Alabama businesses and subcontractors verify employees’ work eligibility using either the federal E-Verify system or a valid Alabama driver's license or ID for state contracts, with new enforcement and penalties for noncompliance.

What This Bill Does

The bill adds an option to verify immigration status and employment eligibility either through E-Verify or by using a valid Alabama driver’s license or non-driver ID for state contracts and for subcontractors on state-funded projects. It requires proof of enrollment in E-Verify or verification using an Alabama ID, and ongoing verification during contract performance. It establishes sworn affidavits attesting that no unauthorized aliens are employed and creates penalties for violations, including contract breach, license suspensions or revocations, and contract termination. Enforcement is handled by the Attorney General and other state authorities, with rulemaking by the Secretary of State; certain defenses and exemptions apply, and the act becomes law a few months after approval.

Who It Affects

• Group 1: Businesses and employers in Alabama, including those with state contracts, grants, or incentives, who may choose to verify employees via E-Verify or Alabama DL/ID and must maintain enrollment or verification and face penalties for noncompliance.
• Group 2: State and local government enforcement bodies (Attorney General, district attorneys, Secretary of State) and state-funded entities responsible for enforcing the requirements, handling affidavits, suspensions, license actions, and civil enforcement.

Key Provisions

• Allows the use of either the federal E-Verify program or a valid Alabama driver's license or non-driver identification card to verify an employee's work eligibility for contracts with the state or state-funded projects.
• Requires documentation that enrollment in E-Verify is in place or that employees are verified using an Alabama DL/ID, and mandates ongoing verification during contract performance.
• Subcontractors on state-paid projects may enroll in E-Verify or verify employees using Alabama DL/ID, with sworn affidavits supporting compliance.
• First violation can trigger breach of contract, possible suspension of business licenses up to 60 days, and court-ordered affidavits; second or subsequent violations can lead to contract termination or permanent license revocation.
• Establishes probationary periods, quarterly reporting for new hires, and license-related conditions tied to compliance, including affidavits before license reinstatement.
• Not apply to relationships involving independent contractors' employees or casual domestic labor; allows an entrapment defense and permits enforcement actions by AG or district attorneys.
• Secretary of State to adopt rules to administer the section; state authorities may verify compliance and enforce penalties.
• Effective date is the first day of the third month after passage and governor 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