Other Issues - Immigration

LWVAL Action Priority Level III - Issues identified by LWVAL Advocacy Committee and/or State Board or Local Leagues.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.

Legend:
thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

LWVAL has taken a position on this bill:

thumbs_down_icon.jpgSB543 - Attorneys practicing immigration law, required to complete continuing education courses in immigration law

Sponsor(s): Senator Holley

Summary/Synopsis: This bill would require attorneys practicing immigration law to take 50 credits of legal education in immigration law every year in order to practice in that area. This is in addition to the regular continuing legal education (CLE) requirements for practicing attorneys.
League Action and Justification: LWVAL opposes SB543. While, on the surface, this is simply another anti-lawyer bill several of which have been introduced this session, the bill is clearly intended to severely restrict the number of lawyers who might provide legal assistance to immigrants (possibly even challenging the state's anti-immigrant legislation). The imposition of 50 hours of CLE each year is a huge requirement. The annual CLE requirement for all lawyers is 12 hours.

Bill Progress in Legislature:
4/19/2012: Read for the first time and referred to the
LWVAL is monitoring these bills.

HB38/SB211 - Immigration, legal status and/or proof of citizenship, verification of eligibility to enter into business transactions with state or political subdivision, Uniformed Services Privilege and Identification card authorized, Act 2011-535, 2011 Reg. Sess. am'd.; Sec. 31-13-29 am'd.

Sponsor(s):
HB38 - Representatives Clouse, Galliher, Hubbard (M), Wood, Bridges, Brown, Johnson (W), Fincher, Hammon, Love, Collins, Baughn, Vance, Boothe, Long, McClurkin, Gaston, Treadaway, Patterson, Sanderford, Williams (P), McCutcheon, Moore (B), Ball, Nordgren, Baker, Farley, Tuggle, Poole, Henry, Weaver, Chesteen, Shiver, Lee, Williams (D), McMillan, Greer, Millican, Jones, Wren, Roberts, Williams (J), Merrill, Ison, Johnson (K) and Carns
SB211 - Sponsor(s): Senators Taylor, Dial, Whatley, Blackwell, Pittman, Reed, Holtzclaw and Williams

Summary/Synopsis: Under existing law, a person may not engage in a business transaction, as defined, with the state or a political subdivision of the state unless he or she presents certain documentation of United States citizenship or, if not a citizen, lawful presence in the United States. This bill would add a United States Uniformed Services Privilege and Identification Card to the list of acceptable documentation to establish eligibility to enter into a business transaction with the state or a political subdivision.
League Action and Justification: LWVAL is monitoring HB38 and SB211.

Bill Progress in Legislature:

HB38 - 2/7/2012: First reading and referred to the 02/08/2012: Read for 2nd time and placed on the calendar with one amendment (136359-2); pending 3rd reading on day 3 Favorable from Public Safety and Homeland Security with one amendment. (Note: the amendment changes are style/grammar changes that do not alter the basic content of the bill as introduced.)
02/23/2012L 3rd reading passed; PS&HS Amendment offered; Motion to Adopt adopted; Motion to Read a 3rd Time and Pass adopted ( 92-0-0) ; Engrossed
02/28/2012: First reading in Senate and referred to the 03/15/2012: Read for the 2nd time and placed on the calendar with 1 Amendment (138767-2); V&MA 1st Amendment Offered; pending 3rd reading and favorable from V&MA with 1 Amendment

SB211- 2/7/2012: First reading and referred to the 4/05/2012L Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from Judiciary.
5/09/2012: Indefinitely postponed.


SB171 - Immigration, legal status and/or proof of citizenship, verification of eligibility to enter into business transactions with state or political subdivision, Uniformed Services Privilege and Identification card authorized, Act 2011-535, 2011 Reg. Sess. am'd.; Sec. 31-13-29 am'd.

Sponsor(s): Senator Holley

Summary/Synopsis: Under existing law, a person may not engage in a business transaction, as defined, with the state or a political subdivision of the state unless he or she presents certain documentation of United States citizenship or, if not a citizen, lawful presence in the United States. This bill would add a United States Uniformed Services Privilege and Identification Card to the list of acceptable documentation to establish eligibility to enter into a business transaction with the state or a political subdivision.
League Action and Justification: LWVAL is monitoring SB171.

Bill Progress in Legislature: 02/07/2012: First reading and referred to the

HB106 - Immigration, Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act 2011-535, 2011 Reg. Sess. repealed

Sponsor(s): Representative Todd

Summary/Synopsis: This bill would repeal Act 2011-535, HB56, of the 2011 Regular Session, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, providing for the enforcement of immigration law in this state and providing Criminal penalties for violations.
League Action and Justification: LWVAL is monitoring HB106.

Bill Progress in Legislature: 02/07/2012: First reading and referred to the

SB33 - Foreign law, application in violation of rights guaranteed United States and Alabama citizens, prohibited, exceptions, American and Alabama Laws for Alabama Courts Amendment, const. amend.
SB40 - Foreign law, application in violation of rights guaranteed United States and Alabama citizens, prohibited, exceptions, American and Alabama Laws for Alabama Courts Amendment, const. amend.
SB84 - Foreign law, application in violation of rights guaranteed United States and Alabama citizens, prohibited, exceptions, American and Alabama Laws for Alabama Courts Amendment, const. amend.

SB33 Sponsor(s): Senators Ward, Dial, Scofield, Waggoner and Whatley
SB40 Sponsor(s): Senator Allen
SB84 Sponsor(s): Senator Ward

Summary/Synopsis: Constitutional Amendment. This bill proposes an amendment to the Constitution of Alabama of 1901, to prohibit the application of foreign law in violation of rights guaranteed natural citizens by the United States and Alabama Constitutions, and the statutes, laws, and public policy of this state.

This amendment would not apply to a corporation, partnership, limited liability company, business association, or other legal entity that contracts to subject itself to foreign laws.

Both SB33 and SB84 are basically identical differing only in the proposed statement for placement on the ballot for ratification by the electorate. SB40 uses SB33’s ballot wording but removes a statement of an exception from section 8 h.

SB84’s ballot statement adds the language underlined: “Proposing an amendment to the Constitution of Alabama of 1901, to prohibit the State of Alabama from giving full faith and credit to public acts, records, or judicial proceedings of another state that violate the public policy of the State of Alabama and to prohibit the application of foreign law in violation of rights guaranteed natural citizens by the United States and Alabama Constitutions, and the statutes, laws, and public policy thereof, but without application to business entities.”


League Action and Justification: LWVAL is monitoring SB33, SB40, and SB84.

Bill Progress in Legislature:

SB33: 2/7/2012: First reading and referred to
SB40: 2/7/2012: First reading and referred to the
SB84: 2/7/2012: First reading and referred to the 03/01/2012: Read for 2nd time and placed on calendar; pending 3rd reading and favorable from Judiciary.
4/19/2012: 3rd Reading Carried Over to Call of the Chair; Ward to Carry Over to Call of the Chair Granted; Further Consideration.
5/09/2012: Indefinitely postponed.


SB33 and SB40 were on the Committee schedule for its meeting on 2/21/2012 in Room 609-A at 3:30 p.m..

SB41 - Immigration, Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act 2011-535, 2011 Reg. Sess. repealed

Sponsor(s): Senators Beasley, Figures, Smitherman and Dunn

Summary/Synopsis: This bill would repeal Act 2011-535, HB56, of the 2011 Regular Session, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, providing for the enforcement of immigration law in this state and providing criminal penalties for violations.


League Action and Justification: LWVAL is monitoring SB41. Amendments to the 2011 legislation, but not total repeal, are likely given recent court decisions and statements from the governor and legislative leadership.

Bill Progress in Legislature:
2/7/2012: First reading and referred to the

SB37 - Business transaction, changed to license transaction, renewing a motor vehicle license tag, a driver's license or nondriver identification card, or a business license, not included, proof of citizenship not required, Act 2011-535, 2011 Reg. Sess. am'd.; Sec. 31-13-29 am'd.

Sponsor(s): Senator Sanford

Summary/Synopsis: Under existing law, an individual conducting a business transaction with the state must demonstrate his or her United States citizenship or that he or she is lawfully present in the United States. A "business transaction" is defined under existing law to include applying for or renewing a motor vehicle license plate, applying for or renewing a driver's license or nondriver identification card, or applying for or renewing a business license.

This bill would substitute "license transaction" for "business transaction" and would specify that a license transaction would not include renewing a motor vehicle license plate, a driver's license or nondriver identification card, or a business or other license.

League Action and Justification: LWVAL is monitoring SB37.

Bill Progress in Legislature:
2/7/2012: First reading and referred to

SB57 - E-Verify, ALVerify, or E-Verify employer agent service, use by businesses, employers, and certain subcontractors to verify immigration status and employment eligibility authorized, Act 2011-535, 2011 Reg. Sess. am'd.; Secs. 31-13-9, 31-13-15 am'd.

Sponsor(s): Senator Sanford

Summary/Synopsis: Under existing law, business entities and employers in this state, as well as business entities and employers receiving state contracts, grants, or incentives, must enroll in the federal E-Verify program to verify the immigration status and eligibility of employees.

Also under existing law, subcontractors on a project paid for by state contract, grant, or incentive must enroll in the federal E-Verify program to verify the immigration status and eligibility of employees.

This bill would provide business entities and employers in this state with an option to use federal E-Verify, the ALVerify program developed by the Center for Advanced Public Safety at the University of Alabama, or the E-Verify employer agent service established by the Alabama Department of Homeland Security to verify the immigration status and eligibility of an employee.

This bill would also provide subcontractors on a project paid for by state contract, grant, or incentive with an option to use federal E-Verify, the ALVerify program developed by the Center for Advanced Public Safety at the University of Alabama, or the E-Verify employer agent service established by the Alabama Department of Homeland Security to verify the immigration status and eligibility of an employee.

League Action and Justification: LWVAL is monitoring SB57.

Bill Progress in Legislature:
2/7/2012: First reading and referred to

SB75 - Businesses, employers, and certain subcontractors, use of E-Verify, driver's license, or identification card to verify immigration status and employment eligibility authorized, Act 2011-535, 2011 Reg. Sess. am'd.; Secs. 31-13-9, 31-13-15 am'd.

Sponsor(s): Senator Sanford

Summary/Synopsis: Under existing law, business entities and employers in this state, as well as business entities and employers receiving state contracts, grants, or incentives, must enroll in the federal E-Verify program to verify the immigration status and eligibility of employees.

Also under existing law, subcontractors on a project paid for by state contract, grant, or incentive must enroll in the federal E-Verify program to verify the immigration status and eligibility of employees.

This bill would provide business entities and employers in this state with an option to use federal E-Verify or a valid Alabama driver's license or identification card to verify the immigration status and eligibility of an employee.

This bill would also provide subcontractors on a project paid for by state contract, grant, or incentive with an option to use federal E-Verify or a valid Alabama driver's license or identification card to verify the immigration status and eligibility of an employee.


League Action and Justification: LWVAL is monitoring SB75.

Bill Progress in Legislature:
2/7/2012: First reading and referred to the

SB260 and SB195 - Businesses, employers, and certain subcontractors, use of E-Verify, ALVerify, or the E-Verify employment agent service, driver's license, or identification card to verify immigration status and employment eligibility authorized, business transaction changed to license transaction, renewing certain licenses, proof of citizenship not required; use of valid military id to verify citizenship authorized, Act 2011-535, 2011 Reg. Sess. am'd.; Secs. 31-13-9, 31-13-15, 31-13-29 am'd.

Sponsor(s):
SB260 - Senator Sanford
SB195 - Senator Sanford

Summary/Synopsis: Under existing law, business entities and employers in this state, as well as business entities and employers receiving state contracts, grants, or incentives, must enroll in the federal E-Verify program to verify the immigration status and eligibility of employees. Under existing law, subcontractors on a project paid for by state contract, grant, or incentive must enroll in the federal E-Verify program to verify the immigration status and eligibility of employees. Also under existing law, an individual conducting a business transaction with the state must demonstrate his or her United States citizenship or that he or she is lawfully present in the United States. A "business transaction" is defined under existing law to include applying for or renewing a motor vehicle license plate, applying for or renewing a driver's license or nondriver identification card, or applying for or renewing a business license.

This bill would:
1. Provide business entities and employers in this state with an option to use federal E-Verify, the ALVerify program developed by the Center for Advanced Public Safety at the University of Alabama, the E-Verify employer agent service established by the Alabama Department of Homeland Security, or a valid Alabama driver's license or identification card to verify the immigration status and eligibility of an employee.
2. Provide subcontractors on a project paid for by state contract, grant, or incentive with an option to use federal E-Verify, the ALVerify program developed by the Center for Advanced Public Safety at the University of Alabama, the E-Verify employer agent service established by the Alabama Department of Homeland Security, or a valid Alabama driver's license or identification card to verify the immigration status and eligibility of an employee.
3. Substitute "license transaction" for "business transaction" and would specify that a license transaction would not include renewing a motor vehicle license plate, a driver's license or nondriver identification card, or a business or other license.
4. Add an unexpired United States military identification card to the list of acceptable documentation to establish eligibility to enter into a business transaction with the state or a political subdivision.

League Action and Justification: LWVAL is monitoring SB260 and SB195.

Bill Progress in Legislature:
SB260 - 02/08/2012: First reading and referred to the 2/14/2012: 2nd reading and placed on the calendar; pending 3rd reading and favorable from JC&ED.
5/09/2012: Indefinitely postponed.

SB195 - 2/7/2012: First reading and referred to the 2/08/2012: Re-referred to the

HB226 - Immigration law, provision barring unlawfully present aliens from attending a public postsecondary school clarified, crime of criminal harboring of unlawfully present alien modified to exclude rentals to aliens, crime of conspiracy to transport alien eliminated, bail for certain detained aliens allowed under certain circumstances, collection of information related to attempts to register to vote by noncitizens required, employment, use of valid driver's license or nondriver identification card to verify citizenship or lawful presence for employment eligibility, authorized; Act 2011-535, 2011 Reg. Sess., am'd; Secs. 31-13-8, 31-13-9, 31-13-13, 31-13-15, 31-13-18, 31-13-19, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Secs. 31-13-5, 31-13-6, 31-13-10, 31-13-27 repealed

Sponsor(s): Representative J. Hubbard

Summary/Synopsis: Immigration law, provision barring unlawfully present aliens from attending a public postsecondary school clarified, crime of criminal harboring of unlawfully present alien modified to exclude rentals to aliens, crime of conspiracy to transport alien eliminated, bail for certain detained aliens allowed under certain circumstances, collection of information related to attempts to register to vote by noncitizens required, employment, use of valid driver's license or nondriver identification card to verify citizenship or lawful presence for employment eligibility, authorized; Act 2011-535, 2011 Reg. Sess., am'd; Secs. 31-13-8, 31-13-9, 31-13-13, 31-13-15, 31-13-18, 31-13-19, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Secs. 31-13-5, 31-13-6, 31-13-10, 31-13-27 repealed.
League Action and Justification: LWVAL is monitoring HB226.

Bill Progress in Legislature: 02/08/2012: First reading and referred to the

SB140 - Immigration law, provision barring unlawfully present aliens from attending a public postsecondary school clarified, crime of criminal harboring of unlawfully present alien modified to exclude rentals to aliens, crime of conspiracy to transport alien eliminated, bail for certain detained aliens allowed under certain circumstances, collection of information related to attempts to register to vote by noncitizens required, admissibility of certain evidence regarding determinations of alien status, clarified, Act 2011-535, 2011 Reg. Sess., am'd; Secs. 31-13-8, 31-13-10, 31-13-11, 31-13-13, 31-13-18, 31-13-19, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Secs. 31-13-5, 31-13-6, 31-13-27 repealed

Sponsor(s): Senator Dial

Summary/Synopsis: This bill would make revisions to the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. It would:
1. Clarify the provision barring aliens who are unlawfully present from attending a public postsecondary institution.
2. Repeal the provision making the rental of a dwelling to an alien who is unlawfully present criminal harboring, create an exemption for certain religious activities from the criminal harboring and transporting provisions, repeal the provision making it a crime to encourage or induce an illegal alien to reside in this state, and require the harboring and transportation provisions to be interpreted in the same manner that the federal courts interpret the parallel federal provision.
3. Clarify the admissibility of a determination by the federal government of alien status for the purposes of criminal proceedings.
4. Repeal provisions that deny bail based on a person's status as an illegal alien.
5. Clarify that the provision governing the transfer of aliens who are unlawfully present to federal custody only applies to illegal aliens already in custody.
6. Specify that the provision concerning contracting with illegal aliens applies prospectively to contracts entered into after the effective date of the provision.
7. Delete the provisions relating to voter eligibility requirements and require the Secretary of State's office to educate and provide information to the district attorneys regarding state and federal laws and requirements, including criminal penalties, associated with attempts to register to vote by noncitizens.
8. Require district attorneys to notify the Secretary of State of prosecutions brought against noncitizens who attempt to register to vote and would require the Secretary of State to compile an annual report regarding issues related to this issue, including the information provided by the district attorneys.
9. Clarify which "business transactions" unlawfully present aliens are prohibited from entering into with the state or a political subdivision of the state.
10. Repeal sections of the act relating to authorization of private lawsuits against public officials to compel enforcement of immigration laws and alien public education enrollment data.

League Action and Justification: LWVAL is monitoring SB140.

Bill Progress in Legislature: 02/09/2012: First reading and referred to the 4/18/2012: Public Hearing – Senate Judiciary Committee, Room 807, 1:00-1:30 p.m.

HB413 - Illegal Immigration, deportation of alien unlawfully present in the U.S. prohibited until final adjudication of any criminal proceeding, Act 2011-535, 2011 Reg. Sess., am'd; Sec. 31-13-18 am'd

Sponsor(s): Representative Scott

Summary/Synopsis: Under existing law, when a person is charged for a crime for which bail is required or if the person is confined for any period in state, county, or municipal jail, efforts must be made to verify the person's immigration status. If the person is determined to be unlawfully present, he or she is considered a flight risk and is detained until prosecution or until transferred to federal immigration authorities.

This bill would require the state to expeditiously proceed with the criminal prosecution of a person not lawfully present in this state prior to the transfer of custody of the person to federal immigration authorities for deportation purposes. The bill also requires the checking of the immigration status of all charged with a crime.
League Action and Justification: LWVAL is monitoring HB413.

Bill Progress in Legislature: 02/23/2012: First reading and referred to the

HB658 - Immigration law, provision barring unlawfully present alien from attending postsecondary school clarified, lawsuits for failure to enforce laws, procedures revised, documentation for lawful presence, military identification authorized, voter registration provisions modified, certain lawful presence verification for certain subsequent issuance and renewals of certain licenses, procedures and penalties for employing unauthorized alien, penalties for certain lawsuits relating to employment practices, Secs. 31-13-3, 31-13-5 to 31-13-15, inclusive, 31-13-17, 31-13-18, 31-13-19, 31-13-20, 31-13-23, 31-13-26, 31-13-27, 31-13-28, 31-13-29, 32-6-9 am'd; Act 2011-535, 2011 Reg. Sess., am'd

Sponsor(s): Representatives Hammon, Davis, Carns, Collins, Henry, Mask, P. Williams, Faust, Brown, Baker, Lee, Clouse, J. Williams, Millican, Bridges, Laird, Roberts, Sanderford, W. Johnson, Hill, McCutcheon, Galliher, Weaver, Greer, Treadaway, Farley, Tuggle, Patterson, D. Williams, Nordgren, Baughn, Hurst, R. Johnson, Vance, Beckman, B. Moore, Wallace, Wren, McMillan, M. Hubbard, K. Johnson and McClendon

Summary/Synopsis:  To amend Sections 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 24, 27, 28, 29, and 30 of Act 2011-535, 2011 Regular Session, now appearing as Sections 31-13-3, 31-13-5, 31-13-6, 31-13-7, 31-13-8, 31-13-9, 31-13-10, 31-13-11, 31-13-12, 31-13-13, 31-13-14, 31-13-15, 31-13-17, 31-13-18, 31-13-19, 31-13-20, 31-13-23, 31-13-26, 31-13-27, 31-13-28, and 31-13-29, Code of Alabama 1975, and Section 32-6-9, Code of Alabama 1975, as amended by Section 17 of Act 2011-535, 2011 Regular Session, to make revisions to the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.
League Action and Justification: LWVAL is monitoring HB658.

Bill Progress in Legislature:
4/5/2012: Read for the first time and referred to the
4/17/2012: Read for the 2nd time and placed on the calendar with 2 amendments
4/19/2012: 3rd reading passed
4/19/2012: PSHS 1st Amendment (141072-2) offered; McClendon motion to call the Previous Question adopted by roll call vote; Motion to Adopt adopted.
4/19/2012: PSHS 2nd Amendment (141131-1) Offered; Motion to Adopt adopted.
4/19/2012: Motion to Read a 3rd Time and Pass adopted (64-34-0); Engrossed.
4/24/3012: Read for the first time and referred to the 4//26/2012: 2nd reading and placed on the calendar with 3 Amendments (141872-2; 141873-1; 141874-2); pending 3rd reading and favorable from Judiciary with 3 Amendments.
5/09/2012: 3rd Reading Carried Over to Call of the Chair; Judiciary Amendment (141872-2 ) Offered; Judiciary Amendment (141873-1) Offered; Judiciary Amendment (141874-2) offered; Beason motion to Table Judiciary Amendment 1 Tabled; Beason motion to Table Judiciary Amendment 2 Tabled; Beason motion to Table Judiciary Amendment 3 Tabled.
Beasley 1st Substitute (141954-1 which would repeal Beason-Hammon Alabama Taxpayer and Citizen Protection Act) Offered; Beasley motion to Adopt lost (14-20-0).
Marsh motion to Carry Over to the Call of the Chair Granted; 3rd Reading Carried Over to Call of the Chair; Marsh motion to Carry Over to the Call of the Chair Granted; 3rd Reading Carried Over to Call of the Chair; Marsh motion to Carry Over Temporarily adopted by Voice Vote; Further Consideration.

[
Note: The Judiciary amendments eliminates requirement of checking the citizenship of passengers in a stopped car, allow action by a police officer based on reasonable suspicion, and puts the law into effect 60 days after passage.]

5/16/2012: Senate – Beason 1st Substitute (143281-1) Offered; 3rd Reading passed; Beason motion to Adopt adopted (20-11-1)

Dial 1st Substitute (143329-2) Offered; Beason motion to Table adopted by Voice Vote;

Sanford Amendment (143365-1) Offered; Sanford motion to Adopt adopted (19-15-5);

Beasley 1st Amendment (143364-1) Offered; Beason motion to Table adopted (18-12-0); Beasley 2nd Amendment (143368-1) Offered; Beason motion to Table adopted (16-12-0)

Marsh Amendment (143352-1) Offered; Marsh motion to Adopt adopted (31-0-1)
.]

Bedford Amendment (143370-2) Offered; Beason motion to Table lost (15-18-0); Bedford motion to Adopt lost (15-18-0);
Petition to cease debate adopted (21-13-0); Motion to Read a 3rd Time and Pass adopted (20-7-0)

5/16/2012: House – Concurrence Requested; Hammon motion to Concur In and Adopt offered;
Ford motion to Nonconcur and Appoint Conference Committee tabled. Hammon motion to Table adopted (64-36-0);
Buttram motion to Previous Question adopted (61-28-0)
Hammmon Motion to Concur in and Adopt adopted (67-39-0); Beckman intended to vote “Yea”

Senate – Signature Requested; House – Enrolled. Senate – Concurred in 2nd House Amendment; House – Clerk of the House Certification; Forwarded to the Governor at 7:51 p.m.

NOTE: The Beason Substitue keeps most of the existing law. Marsh’s Amendment requires a holder of a drivers licenses to have the license “in his or her immediate possession at all times when driving a motor vehicle and shall display the same, upon demand of a judge of any court, a peace officer or a state trooper. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver's license theretofore issued to him or her and valid at the time of his or her arrest.” For those in violation “of this section or Section 32-6-1, a reasonable effort shall be made as soon as possible, but not later than within 48 hours, to determine the citizenship of the person and if an alien, whether the alien is lawfully present in the United States by verification with the federal government . . . “ Further, “An officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.”

SB541 - Immigration law, provision barring unlawfully present alien from attending postsecondary school clarified, documentation for lawful presence, military identification authorized, business transaction procedures and citizenship and lawful presence verification, procedures modified, Secs. 31-13-3, 31-13-5, 31-13-6, 31-13-8, 31-13-9, 31-13-11, 31-13-13, 31-13-15, 31-13-19, 31-13-20, 31-13-23, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Act 2011-535, 2011 Reg. Sess., am'd

Sponsor(s): Senator Beason

Summary/Synopsis: This bill would make revisions to the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.
League Action and Justification: LWVAL is monitoring SB541.

Bill Progress in Legislature:
4/19/2012: Read for the first time and referred to the 4/24/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from JC&ED
5/09/2012: Indefinitely postponed.


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