HB376 Alabama 2024 Session

Summary

Primary Sponsor

Ernie Yarbrough Representative

Republican

Session

Regular Session 2024

Title

Illegal immigration; procedures for arrest, detention, transportation of illegal aliens provided for; reporting requirements established; penalties established

Description

Under existing law, the Attorney General may enter into a memorandum of agreement with the United States Department of Homeland Security concerning the enforcement of federal immigration laws, detentions and removals, and related investigations in this state by certain state law enforcement officers as designated by the Attorney General.

This bill would provide that state and local law enforcement agencies may enter into memorandums of understanding and agreements with the United States Department of Justice, the Department of Homeland Security, and any other federal agency for the purpose of enforcing federal immigration and customs laws and the detention, removal, and investigation of illegal aliens and the immigration status of any person in this state.

This bill would require state and local government employees to send, receive, and maintain information relating to the immigration status of any individual as required for public safety purposes.

This bill would allow state and local law enforcement officers to transport an illegal alien to the custody of the federal government.

This bill would allow state and local law HB376 INTRODUCED enforcement officers to arrest an illegal alien based on his or her status as an illegal alien or for a violation of any federal immigration law.

This bill would provide for penalties for noncompliance.

This bill would provide for standard procedures for intake and booking of illegal aliens and foreign nationals in county and municipal jails and would provide for penalties for violations.

This bill would require county and municipal jails to honor immigration detainer requests issued by the Department of Homeland Security in certain circumstances.

This bill would also require quarterly reports by county and municipal jails regarding foreign nationals.

Section 111.05 of the Constitution of Alabama of 2022, 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 HB376 INTRODUCED within the meaning of the section. 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 section.

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Subjects

Criminal Procedure