SB108 Alabama 2020 Session

Under existing law, this state is prohibited from adopting a policy or practice that limits or restricts the enforcement of federal immigration laws

This bill would make it a crime for any public official or agency of the state or any of its municipalities or counties to intentionally adopt a policy or practice that limits or restricts the enforcement of federal immigration laws or that restricts its officers in the enforcement of state law, and would provide penalties

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to immigration; to amend Section 31-13-5, Code of Alabama 1975, to provide that no public official or agency of the state or any of its municipalities or counties shall intentionally adopt a policy or practice that limits or restricts the enforcement of federal immigration laws or that restricts its officers in the enforcement of state law; to provide that a violation is a Class C felony; to provide other penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.