SB302 Alabama 2018 Session

Summary

Primary Sponsor

Bill Hightower

Republican

Session

Regular Session 2018

Title

Immigration, crime to aid or enable violation of immigration law, state, municipalities, or counties, Class C felony, Sec. 31-13-5 am'd.

Summary

SB 302 would make it a Class C felony for Alabama state, county, or municipal officials or their agencies to knowingly aid or enable immigration law violations, and would strengthen cooperation with federal immigration enforcement while allowing certain information sharing and penalties for noncompliance.

What This Bill Does

It prohibits officials and agencies from adopting policies that limit the enforcement of immigration laws. It makes aiding or enabling any immigration law violation a Class C felony. It requires compliance with federal immigration law and allows sharing immigration-status information for specific official purposes. It creates enforcement mechanisms, including potential withholding of state funds for violations, civil penalties per day of violation, and a citizen petition process to challenge restrictive policies.

Who It Affects

• State, county, and municipal officials and their agencies (including court officers) would be criminally liable if they aid or enable immigration violations, and could face loss of state funding for violations.
• Private citizens or lawful residents (including U.S. citizens and aliens lawfully present) would have a pathway to challenge policies that violate federal immigration law through a petition to the district attorney or Attorney General, with deadlines and potential civil penalties if violations are found.

Key Provisions

• Prohibits any official or agency of the state, a county, or a municipality from intentionally aiding or enabling any individual to violate federal or state immigration law; such a violation is a Class C felony.
• Affirms state and local cooperation with federal immigration authorities and prohibits policies that restrict enforcement, while allowing certain information sharing about immigration status for defined official purposes (benefit eligibility, residency verification, or as allowed by federal law).
• If a violation occurs, the Attorney General must report it to the Governor and Comptroller, and the offending agency or political subdivision can be barred from receiving state funds until the violation ceases and is certified as resolved.
• Provides a citizen petition process where a U.S. citizen or lawfully present alien can request action against a policy violating 8 U.S.C. 1373 or 1644; the district attorney or Attorney General must decide within 90 days and provide public justification if no action is taken.
• If a court finds a violation, it must impose a civil penalty of $1,000 to $5,000 for each day the policy remained in effect after the filing of the action, with penalties split between the Alabama Department of Homeland Security and the Alabama State Law Enforcement Agency.
• Requires officials to report known violations; obstructing governmental operations for failing to report can carry penalties.
• Certain law enforcement roles are treated differently in defining 'official or head of an agency' (sheriffs, police chiefs, or heads of law enforcement agencies are treated as officials for these purposes).
• The act becomes effective on the first day of the third month after passage and approval.

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