SB108 Alabama 2020 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2020

Title

Immigration, to criminalize act of state official or agent adopting policy that intentionally limits or restricts enforcement of immigration laws, Sec. 31-13-5 am'd.

Summary

SB 108 would make it a crime for Alabama state or local officials or their agencies to adopt policies that limit enforcement of federal immigration laws or restrict enforcement of Alabama law, with penalties and enforcement mechanisms.

What This Bill Does

It creates a new crime: intentionally adopting policies that limit federal immigration enforcement or restrict enforcement of state law would be a Class C felony. The Attorney General can report violations and withhold state funds from offending agencies until the violation stops and certification is made. Individuals can petition with the district attorney or AG to challenge such policies in court, and violators face civil penalties of $1,000 to $5,000 per day, with proceeds split between two state agencies. The bill also preserves the ability to share immigration-status information for specified official purposes like determining benefit eligibility or residency verification.

Who It Affects

• State and local government officials and their agencies (including municipalities and counties) would be criminally liable for adopting policies that limit immigration enforcement or restrict enforcement of state law, and could face loss of state funds.
• Alabama residents and organizations who may petition to challenge offending policies in court or who are affected by how immigration-status information is shared for benefits, residency, or enforcement purposes.

Key Provisions

• Amends Section 31-13-5 to prohibit intentional policies that limit federal immigration enforcement or restrict enforcement of state law; violation is a Class C felony.
• Attorney General can report violations to the Governor and Comptroller; offending entity may be ineligible for state funds until the violation ceases and certification is made.
• Allows sharing of immigration-status information for purposes such as eligibility for benefits, verifying residency, or as required by federal law (8 U.S.C. 1373/1644).
• Creates a petition mechanism for a U.S. citizen or lawfully present alien to ask the DA or AG to file suit; if not pursued, must publicly justify the decision within 90 days.
• Imposes civil penalties of $1,000 to $5,000 per day for each day the policy remains in effect; penalties split between the Alabama Department of Homeland Security and the Alabama State Law Enforcement Agency.
• Requires reporting of violations by state or local personnel; allows proceedings only in official capacity; includes definitions and certain exclusions related to law enforcement personnel.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Immigration Law