Alabama State Immigration Laws

Every state has its own laws in addition to those issued by the federal government. It’s essential to know both.

In this article, we’ll look at the following Alabama immigration issues and laws:

• Law enforcement and immigration in Alabama
• Employment and immigration
• Alabama E-Verify requirements
• Driver’s license/ID requirements
• Public benefits restrictions
• Education checks
• Voting ID rules
• Housing ordinances and immigration
• Other immigration rules
• How an immigration attorney near you can help

Because immigration rules continue to evolve, anyone facing an immigration issue in Alabama should speak with a local immigration attorney for up‑to‑date guidance.

Federal Courts Block Controversial Parts of Alabama’s Immigration Law

In June 2011, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act became law. Under it, businesses seeking Alabama State grants needed to verify the legal status of everyone they hired. They could not knowingly hire immigrants without proper documentation.

House Bill (H.B.) 56 contained a variety of provisions that many in the public considered controversial. For example, it granted police powers that many construed as civil rights violations. Opponents claimed it gave police abusive authority for immigration enforcement and posed a threat to Latino communities in the state. But the legislators who sponsored the bill felt it was necessary for public safety.

Like Arizona’s SB 1070, H.B. 56 required arresting officers to make “reasonable” efforts to determine the immigration status of arrestees. The bill also barred people without proper documentation from getting public benefits at the state or local levels. It prevented immigrants living here illegally from enrolling in public schools in the state. It also barred them from eligibility for state-funded financial aid.

But in August 2011, the Department of Justice (DOJ) filed a lawsuit against the State of Alabama in federal court, arguing that “H.B. 56 further criminalizes mere unlawful presence.”

In United States v. Alabama, the DOJ argued that the bill gave Alabama police more freedom “to push aliens toward incarceration.” The DOJ claimed the bill did so by “enforcing an immigration status verification system.” The DOJ argued that H.B. 56 interfered with enforcing federal immigration laws.

Around the same time, the Hispanic Interest Coalition of Alabama (HICA) also sued the State of Alabama. The coalition argued that H.B. 56 violated civil rights. It said parts of the law relating to law enforcement encouraged racial profiling, among other things.

Since they addressed the same issues, the DOJ’s case grouped with HICA v Bentley. And in September 2011, a federal court issued an injunction blocking many parts of H.B. 56.

In December 2011, Alabama Attorney General Luther Strange recommended repealing parts of the law, including:

• The requirement to collect the immigration statuses of public school students
• The requirement that immigrants carry registration cards
• The right for citizens to file lawsuits if they believe law enforcement is not effectively enforcing immigration law

In the meantime, Alabama appealed the lower federal court’s decision. The U.S. Court of Appeals for the Eleventh Circuit ruled to keep the injunction in place (and even expanded it) in 2012. The state appealed to the Supreme Court, but the nation’s highest court declined to hear the case.

The civil rights groups that sued over H.B. 56 settled with the state of Alabama. The agreement permanently blocked the provisions against which the courts had granted injunctions.

But the law’s requirement that employers verify a person’s lawful presence in the country remained in place. The same occurred with some of the law enforcement requirements.

Law Enforcement and Immigration in Alabama

Before these laws, police had to do so with all those subject to arrest, detention, or a traffic stop. They had to do so whenever there was “reasonable suspicion” that anyone was illegally present in the United States. In the wake of the SCOTUS decision, that changed.

A federal program once required law enforcement to add all arrestees’ names to a database. This program was “Secure Communities.” The database checked immigration statuses. Former President Donald Trump renewed the program by executive order in 2017. But President Joe Biden revoked that executive order in 2021.

The Criminal Apprehension Program replaced Secure Communities. It only checks the statuses of those convicted.

Employment Restrictions

Alabama employers cannot knowingly hire unauthorized immigrants. The penalties for violating these provisions target employers’ licenses to conduct business in the state. Employers also face tax consequences related to paying wages to unauthorized workers. People without proper documentation can’t seek or perform work under another provision.

The laws also make it a discriminatory practice for an employer to fail to hire or to fire a U.S. citizen or authorized worker while retaining or hiring a person the employer knows or should know is an unauthorized worker. Employers should refer to the federal employment eligibility verification rules. Check the requirements for Form I-9.

Violating any of these laws can result in employers losing their business licenses.

Alabama E-Verify Requirements

As part of Alabama’s strict immigration laws, all public or private employers must use E-Verify to confirm that new hires can work.

Driver’s License and ID Requirements

The law requires law enforcement officers to check the immigration status of people caught driving without a license. Those without proper documentation can’t get driver’s licenses in Alabama.

Public Benefits Restrictions

Alabama law bars immigrants from getting state or local public benefits without proper documentation. The law creates some exceptions, clarifying that they can get public benefits such as:

• Public health care
• Immunizations
• Crisis help

Federal law bars immigrants living here without legal status from getting public benefits. But they can get emergency services “necessary to protect life and safety.”

Education Checks

Alabama public schools do not check on students’ immigration statuses. State law only allows the enrollment of immigrants with proper documentation at public colleges and universities. But, they are not eligible for state-funded financial aid.

Alabama also does not issue state-funded financial aid to Deferred Action for Childhood Arrivals (DACA) recipients. DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voter ID Rules

Under Alabama’s voter ID law, voters must show a valid photo ID. Some examples include driver’s licenses, passports, military IDs, and student IDs.

Under the law, voters unable to show identification can vote. But they must use a provisional ballot, and election officials will verify identity.

Housing Ordinances and Immigration

Under Alabama’s recently passed law, it is illegal to knowingly, or in reckless disregard, rent a dwelling to immigrants living here illegally.

Other Immigration Rules in Alabama

Alabama’s recent legislation is some of the toughest of any individual state. Other provisions of the law address a variety of matters, including:

• Prohibitions against most contracts entered into by immigrants without documentation
• Bars on “business transactions” with the state
• Criminalizing immigrants’ failure to carry registration documents (now blocked by court challenge)

These are some, but not all, topics in Alabama’s immigration law. For the most up-to-date information, contact a local attorney specializing in immigration law.

How an Immigration Lawyer Near You Can Help

State immigration laws can be confusing. If you’re facing an immigration-related issue, it’s a good idea to contact an immigration attorney. They can help you navigate any immigration-related problem, including:

• Deportation
• Pursuit of a visa
• Naturalization

Or you might need help dealing with U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS). Whether your issue is legal immigration or illegal immigration, an attorney can help.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent. 

Free or low-cost legal services may be available if you can’t afford an attorney. Legal Services of Alabama offers legal aid to qualified individuals. FindLaw has also compiled several legal aid resources in Birmingham.

You can also find attorneys for hire using FindLaw’s directory of immigration attorneys. Because state law is relevant, your attorney should be licensed in Alabama. Start by entering your city or ZIP code for a list of qualified legal advisors near you. Your search results will show important details about prospective attorneys, including ratings and areas of practice.