31-13-7
Section 31-13-7 Receipt of state or local public benefits; verification of lawful 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 provided in
8 U.S.C. § 1611. (3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C.
§ 1621. (b) An alien who is not lawfully present in the United States and who is not defined
as an alien eligible for public benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641 shall
not receive any state or local public benefits. (c) Except as otherwise provided in subsection
(e) or where exempted by federal law, commencing on September 1, 2011, each agency or political
subdivision of the state shall verify with the federal government the lawful presence in the
United States of each alien who applies for state or local...
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31-13-12
Section 31-13-12 Verification by law enforcement officers of citizenship and immigration 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 suspicion
exists that the person is an alien who is unlawfully present in the United States, a reasonable
attempt shall be made, when practicable, to determine the citizenship and immigration status
of the person, except if the determination may hinder or obstruct an investigation. Such determination
shall be made by contacting the federal government pursuant to 8 U.S.C. § 1373(c) and relying
upon any verification provided by the federal government. (b) Any alien who is arrested and
booked into custody shall have his or her immigration status determined pursuant to 8 U.S.C.
§ 1373(c). The alien's immigration status shall be...
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31-13-13
Section 31-13-13 Concealing, harboring, shielding, etc., unauthorized aliens. (a) It shall
be unlawful for a person to do any of the following: (1) Conceal, harbor, or shield from detection
or attempt to conceal, harbor, or shield from detection or conspire to conceal, harbor, or
shield from detection an alien in any place in this state, including any building or any means
of transportation, if the person knows or recklessly disregards the fact that the alien has
come to, has entered, or remains in the United States in violation of federal law. This subdivision
should be interpreted consistent with 8 U.S.C. § 1324(a)(1)(A). (2) Encourage or induce an
alien to come to or reside in this state if the person knows or recklessly disregards the
fact that such alien's coming to, entering, or residing in the United States is or will be
in violation of federal law. This subdivision should be interpreted consistent with 8 U.S.C.
§ 1324(a)(1)(A). (3) Transport, or attempt to transport, or...
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31-13-29
Section 31-13-29 Limitations on public records transactions conducted by unauthorized 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 renewing a commercial license,
or applying for or renewing a professional license. Public records transaction does not include
applying for a marriage license, any transaction relating to housing under Title 24 or the
ownership of real property, including the payment of property taxes, or the payment of any
other tax to the state or a political subdivision thereof, or any other transaction. (b) An
alien not lawfully present in the United States shall not enter into or attempt to enter into
a public records transaction with the state or a political subdivision of the state and no
person shall enter into a public records transaction...
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31-13-10
Section 31-13-10 Willful failure to complete or carry alien registration documentation. (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.
(b) In the enforcement of this section, an alien's immigration status shall be determined
by verification of the alien's immigration status with the federal government pursuant to
8 U.S.C. § 1373(c). A law enforcement officer shall not attempt to independently make a final
determination of whether an alien is lawfully present in the United States. (c) A law enforcement
official or agency of this state or a county, city, or other political subdivision of this
state may not consider race, color, or national origin in the enforcement of this section
except to the extent permitted by the United States Constitution and the...
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31-13-11
Section 31-13-11 Unauthorized aliens prohibited from seeking employment in state. (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 be
determined by verification of the alien's immigration status with the federal government pursuant
to 8 U.S.C. § 1373(c). A law enforcement officer shall not attempt to independently make
a final determination on whether an alien is authorized to work in the United States. (c)
A law enforcement official or agency of this state or a county, city, or other political subdivision
of this state may not consider race, color, or national origin in the enforcement of this
section except to the extent permitted by the United States Constitution and the Constitution
of Alabama of 1901. (d) This section does not apply to a person who...
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31-13-26
Section 31-13-26 Enforcement of certain contracts prohibited. (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 the time the contract was entered
into, and the performance of the contract required the alien to remain unlawfully present
in the United States for more than 24 hours after the time the contract was entered into or
performance could not reasonably be expected to occur without such remaining. (b) This section
shall not apply to a contract for lodging for one night, a contract for the purchase of food
to be consumed by the alien, a contract for medical services, or a contract for transportation
of the alien that is intended to facilitate the alien's return to his or her country of origin.
(c) This section shall not apply to a contract authorized by...
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31-13-5
Section 31-13-5 Enforcement of and compliance with 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 enforcement of federal
immigration laws by limiting communication between its officers and federal immigration officials
in violation of 8 U.S.C. § 1373 or 8 U.S.C. § 1644, or that restricts its officers in the
enforcement of this chapter. If, in the judgment of the Attorney General of Alabama, an official
or agency of this state or any political subdivision thereof, including, but not limited to,
an officer of a court in this state, is in violation of this subsection, the Attorney General
shall report any violation of this subsection to the Governor and the state Comptroller and
that agency or political subdivision shall not be eligible to...
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31-13-3
Section 31-13-3 Definitions. For the purposes of this chapter, the following words shall have
the following meanings: (1) ALIEN. Any person 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 persons employing one or more persons performing or engaging
in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood,
whether for profit or not for profit. Business entity shall include, but not be limited to,
the following: a. Self-employed individuals, business entities filing articles of incorporation,
partnerships, limited partnerships, limited liability companies, foreign corporations, foreign
limited partnerships, foreign limited liability companies authorized to transact business
in this state, business trusts, and any business entity that registers with the Secretary
of State. b. Any business entity that possesses a business...
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31-13-15
Section 31-13-15 Employment of unauthorized aliens prohibited. (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 actions described in 8 U.S.C. § 1324a.
(b) Effective April 1, 2012, every business entity or employer in this state shall enroll
in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify,
shall verify the employment eligibility of the employee through E-Verify. A business entity
or employer that uses E-Verify to verify the work authorization of an employee shall not be
deemed to have violated this section with respect to the employment of that employee. (c)
On a finding of a first violation by a court of competent jurisdiction that a business entity
or employer knowingly violated subsection (a), the court...
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