Title 31 — Title 31

This chapter shall be known and may be cited as the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. History: (Act 2011-535, p. 888, §1.)

(a) In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or 8 U.S.C. § 1306(a), and the person is an alien unlawfully present in the United States…

(a) It is unlawful for a person who is an unauthorized alien to knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor in this state. (b) In the enforcement of this section, an alien’s immigration status shall…

Status of Persons Under Certain Circumstances. (a) Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspic…

THIS SECTION WAS REPEALED BY ACT 2025-453, EFFECTIVE OCTOBER 1, 2025. History: (Act 2011-535, p. 888, §13; Act 2012-491, p. 1410, §1; Act 2025-453, §3.)

(a) A person commits the crime of human smuggling if he or she knowingly transports into this state another individual who he or she knows is an illegal alien. (b) Human smuggling is a Class C felony. (c) It shall not be a violation of this section for an attorney to transport a …

(a) A person commits the crime of dealing in false identification documents if he or she knowingly reproduces, manufactures, sells, or offers for sale any identification document which does both of the following: (1) Simulates, purports to be, or is designed so as to cause others…

(a) No business entity, employer, or public employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama. Knowingly employ, hire for employment, or continue to employ an unauthorized alien means the …

(a) No wage, compensation, whether in money or in kind or in services, or remuneration of any kind for the performance of services paid to an unauthorized alien shall be allowed as a deductible business expense for any state income or business tax purposes in this state. This sub…

(a) It shall be a discriminatory practice for a business entity or employer to fail to hire a job applicant who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) or discharge an employee working in Alabama w…

Detention; Liability for Actions Taken Under Section. (a) When an individual is confined for any period in a state, county, or municipal jail, the administrator of the facility, or his or her designee, shall make a reasonable effort to determine if the individual is an illegal al…

Convicted of Violating State or Federal Law. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law and is within 30 days of release, the agency legally responsible for his or her custody at that time shall notify the United S…

The State of Alabama finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. Because the costs incurre…

Witness, Etc., Under Certain Conditions. If a person is an alien who is unlawfully present in the United States and is a victim of a criminal act, is the child of a victim of a criminal act, is a biological parent or legal guardian of a victim of a criminal act who is a minor, is…

Department of Homeland Security. (a) Notwithstanding Section 31-9A-9, the Alabama Department of Homeland Security may hire, appoint, and maintain APOST certified state law enforcement officers. Such officers shall receive the same rights and benefits as those prescribed to office…

The Alabama Department of Homeland Security shall have the authority to coordinate with state and local law enforcement the practice and methods required to enforce this chapter in cooperation with federal immigration authorities and consistent with federal immigration laws. Hist…

(a) The Alabama Department of Homeland Security shall file an annual report to the Legislature on the progress being made regarding the enforcement of this chapter and the status of the progress being made in the effort to reduce the number of illegal aliens in the State of Alaba…

(a) A solicitation to violate any criminal provision of this chapter, an attempt to violate any criminal provision of this chapter, or a conspiracy to violate any criminal provision of this chapter shall have the same penalty as a violation of this chapter. (b) For the purposes o…

(a)(1) The Alabama Department of Homeland Security shall establish and maintain an E-Verify employer agent service for any business entity or employer in this state with 25 or fewer employees to use the E-Verify program to verify an employee’s employment eligibility on behalf of …

(a) No court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States, if the party had direct or constructive knowledge that the alien was unlawfully present in the United States at …

in Public Schools; Annual Reports; Disclosure of Information. (a)(1) Every public elementary and secondary school in this state, at the time of enrollment in kindergarten or any grade in such school, shall determine whether the student enrolling in public school was born outside …

(a) Applications for voter registration shall contain voter eligibility requirements and such information as is necessary to prevent duplicative voter registrations and enable the county board of registrars to assess the eligibility of the applicant and to administer voter regist…

Aliens. (a) For the purposes of this section, public records transaction means applying for or renewing a motor vehicle license plate, applying for or renewing a driver’s license or nondriver identification card, applying for or renewing a business license, applying for or renewi…

For the purposes of this chapter, the following words have the following meanings: (1) ALIEN. Any individual who is not a citizen or national of the United States, as described in 8 U.S.C. § 1101 et seq., and any amendments thereto. (2) BUSINESS ENTITY. Any person or group of per…

Nothing in this chapter is in any way meant to implement, authorize, or establish the Real ID Act of 2005 (P.L. 109-13, Division D; 119 Stat. 302). History: (Act 2011-535, p. 888, §31.)

(a) The Legislature finds that the United States Department of Justice has unnecessarily and recklessly threatened Alabama law enforcement officers with personal law suits if the officer appears to make what the Department of Justice deems a misstep in enforcing the Beason-Hammon…

(a) The Administrative Office of Courts shall submit a quarterly report, organized by county, to the Alabama Department of Homeland Security summarizing the number of cases in which an unlawfully present alien was detained by law enforcement and appeared in court for any violatio…

Notwithstanding any other provision of law to the contrary, it shall be unlawful for a person to harbor an alien unlawfully present in the United States by entering into a rental agreement, as defined by Section 35-9A-141, with an alien to provide accommodations, if the person kn…

(a) Any law enforcement agency of the state or any law enforcement agency of a political subdivision of the state shall have the authority to enforce the provisions of this chapter. (b) The Attorney General and a district attorney investigating or prosecuting any violation of thi…

(a) The Department of Revenue shall conduct annual searches of its records to determine if multiple individuals have filed tax returns under the same Social Security number or the same individual tax identification number. (b) If the department determines that multiple individual…

from Any Illegal Alien in Custody for Testing and Cataloging. (a) Whenever a law enforcement agency in this state has an illegal alien in its custody, the agency may not release the illegal alien until the agency has collected a full set of fingerprints and a known DNA reference …

Security. (a) The Attorney General shall attempt to negotiate the terms of a memorandum of agreement between the State of Alabama and the United States Department of Homeland Security, as provided in 8 U.S.C. Section 1357(g), concerning the enforcement of federal immigration laws…

Information Relating to Immigration Status; Violations; Penalties. (a) No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may adopt a policy or practice that limits or restricts the enforce…

Information Relating to Immigration Status; Violations; Penalties. (a) No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may adopt a policy or practice that limits or restricts the enforce…

Presence in the United States; Violations; Annual Reports. (a) As used in this section, the following terms have the following meanings: (1) EMERGENCY MEDICAL CONDITION. The same meaning as provided in 42 U.S.C. § 1396b(v)(3). (2) FEDERAL PUBLIC BENEFITS. The same meaning as prov…

An alien who is not lawfully present in the United States shall not be permitted to enroll in or attend any public postsecondary education institution in this state. For the purposes of this section, a public postsecondary education institution officer may seek federal verificati…

Incentives. (a) As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall not knowingly e…