Section 31-13-1 – Short Title.
Section 31-13-1 Short title. This chapter shall be known and may be cited as the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. (Act 2011-535, §1.)
Section 31-13-10 – Willful Failure to Complete or Carry Alien Registration Documentation.
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 […]
Section 31-13-11 – Unauthorized Aliens Prohibited From Seeking Employment in State.
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 […]
Section 31-13-12 – Verification by Law Enforcement Officers of Citizenship and Immigration Status of Persons Under Certain Circumstances.
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 […]
Section 31-13-13 – Concealing, Harboring, Shielding, etc., Unauthorized Aliens.
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, […]
Section 31-13-14 – Dealing in False Identification Documents; Vital Records Identity Fraud.
Section 31-13-14 Dealing in false identification documents; vital records identity fraud. (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 […]
Section 31-13-15 – Employment of Unauthorized Aliens Prohibited.
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. […]
Section 31-13-16 – Certain Business Expense Deductions Prohibited.
Section 31-13-16 Certain business expense deductions prohibited. (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 […]
Section 31-13-17 – Discriminatory Employment Practices.
Section 31-13-17 Discriminatory employment practices. (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 […]
Section 31-13-18 – Verification of Legal Status of Person Charged With a Crime for Which Bail Is Required; Detention.
Section 31-13-18 Verification of legal status of person charged with a crime for which bail is required; detention. (a) When a person is charged with a crime for which bail is required, or is confined for any period in a state, county, or municipal jail, a reasonable effort shall be made to determine if the […]
Section 31-13-19 – Notification of Federal and State Authorities When Unauthorized Alien Convicted of Violating State or Federal Law.
Section 31-13-19 Notification of federal and state authorities when unauthorized alien 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 […]
Section 31-13-2 – Legislative Findings.
Section 31-13-2 Legislative findings. 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 incurred by school districts for the public elementary and secondary education of […]
Section 31-13-20 – Stay of Chapter When Unauthorized Alien Is a Victim or Critical Witness, etc., Under Certain Conditions.
Section 31-13-20 Stay of chapter when unauthorized alien is a victim or critical 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 […]
Section 31-13-21 – Employment of State Law Enforcement Officers by Alabama Department of Homeland Security.
Section 31-13-21 Employment of state law enforcement officers by Alabama 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 officers of the Alabama State Law Enforcement […]
Section 31-13-22 – Enforcement of Chapter in Coordination With Federal Immigration Laws.
Section 31-13-22 Enforcement of chapter in coordination with federal immigration laws. 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. (Act 2011-535, §23.)
Section 31-13-23 – Enforcement Report.
Section 31-13-23 Enforcement report. (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 Alabama. The report […]
Section 31-13-24 – Solicitation, Attempt, or Conspiracy to Violate Chapter.
Section 31-13-24 Solicitation, attempt, or conspiracy to violate chapter. (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 […]
Section 31-13-25 – E-Verify Employer Agent Service.
Section 31-13-25 E-Verify employer agent service. (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 the business entity or employer. […]
Section 31-13-26 – Enforcement of Certain Contracts Prohibited.
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 […]
Section 31-13-27 – Verification of Citizenship and Immigration Status of Students Enrolling in Public Schools; Annual Reports; Disclosure of Information.
Section 31-13-27 Verification of citizenship and immigration status of students enrolling 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 the […]