HB7ENGROSSED
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HB7
L5VB4AW-2
By Representatives Yarbrough, Stringer, Treadaway, Pettus,
Whorton, Butler, Harrison, Kiel, Mooney
RFD: Judiciary
First Read: 04-Feb-25
PFD: 08-Jul-24
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PFD: 08-Jul-24
A BILL
TO BE ENTITLED
AN ACT
Relating to illegal immigration; to designate Sections
31-13-1 through 31-13-35 as Article 1 of Chapter 13 of Title
31, Code of Alabama 1975; to add Article 2, commencing with
Section 31-13-50, to Chapter 13 of Title 31, Code of Alabama
1975; to create the Laken Riley Act; to allow state and local
law enforcement agencies to enter into memorandums of
understanding and agreements with federal agencies to enforce
federal immigration laws; to provide for procedures involving
the arrest, detention, and transportation of illegal aliens;
to provide for standard procedures for intake and booking of
illegal aliens and foreign nationals in county and municipal
jails; to require county and municipal jails to honor
immigration detainer requests in certain circumstances; and to
require county and municipal jails to prepare and report
information regarding foreign nationals.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-13-1 through 31-13-35 of Chapter
13 of Title 31, Code of Alabama 1975, are designated as
Article 1.
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Article 1.
Section 2. Article 2, commencing with Section 31-13-50,
is added to Chapter 13, Code of Alabama 1975, to read as
follows:
Article 2.
§31-13-50
This act shall be known and may be cited as the Laken
Riley Act.
§31-13-51
As used in this article, the following words have the
following meanings:
(1) FOREIGN NATIONAL. An individual who is not a
citizen of the United States.
(2) ICE. United States Immigration and Customs
Enforcement Division of the Department of Homeland Security.
(3) ILLEGAL ALIEN. An individual who is present in the
United States in violation of the federal Immigration and
Nationality Act.
(4) IMMIGRATION DETAINER REQUEST. A federal government
request to a local entity to maintain temporary custody of an
alien, including a United States Department of Homeland
Security Form I-247 document or a similar successor form.
(5) JAIL STAFF or JAIL STAFF MEMBER. Any employee of a
county or municipal jail, including, but not limited to, a
corrections officer, deputy assigned to a jail, a jailer, and
administrative support staff.
(6) LESC. The Law Enforcement Support Center of the
United States Department of Homeland Security.
§31-13-52
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§31-13-52
(a) State and local law enforcement agencies may enter
into memorandums of understanding and agreements with the
United States Department of Justice, Department of Homeland
Security, and any other federal agency for the purpose of
enforcing federal immigration and customs laws and the
detention, removal, and investigation of illegal aliens and
the immigration status of any person in this state. A law
enforcement officer acting within the scope of his or her
authority under any memorandum of understanding, agreement, or
other authorization from the federal government may arrest,
with probable cause, any individual suspected of being an
illegal alien.
(b) To the extent authorized by federal law, employees
of any state or local law enforcement agency, including law
enforcement officers, shall send, receive, and maintain
information relating to the immigration status of any
individual as reasonably needed for public safety purposes.
(c) Except as provided by federal law, no state or
local agency or department shall be prohibited from utilizing
available federal resources, including databases, equipment,
grant funds, training, or participation in incentive programs,
for any public safety purpose relating to the enforcement of
state and federal immigration laws.
(d) When reasonably possible, applicable state agencies
shall consider incentive programs and grant funding for the
purpose of assisting and encouraging state and local agencies
and departments to enter into agreements with federal entities
and to utilize federal resources consistent with this section.
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and to utilize federal resources consistent with this section.
(e) If a state or local law enforcement officer has
verification that a person is an illegal alien, the officer
may securely transport the illegal alien to a federal facility
in the state or any other temporary point of detention and may
reasonably detain the illegal alien when authorized by federal
law.
(f) Nothing in this section shall be construed to
hinder or prevent a law enforcement officer or law enforcement
agency from arresting or detaining any criminal suspect on
other criminal charges.
(g) When authorized by federal law, a state or local
law enforcement officer may arrest any individual based on the
individual's status as an illegal alien or for a violation of
any federal immigration law.
(h) If, in the judgment of the Attorney General, an
official, agency of this state, or any political subdivision
thereof is in violation of this section, the Attorney General
may report the violation to the Governor.
(i) A law enforcement officer or government official or
employee shall have immunity from any damages or liability,
subject to Section 36-1-12, when he or she acts in good faith
to enforce immigration laws pursuant to an agreement with
federal authorities to collect or share immigration status
information, or in the performance of any provision of this
section.
§31-13-53
(a)(1) When any individual is confined, for any period,
in a county or municipal jail, a reasonable effort shall be
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in a county or municipal jail, a reasonable effort shall be
made to determine the lawful status of the person so confined.
(2) In the event of a failure of communication between
jail staff and an inmate as a result of language barriers, an
interpreter may be brought in to assist with the booking and
identification process.
(3) If the inmate is unable to provide documentation
indicating his or her lawful status, a jail staff member shall
contact the LESC to determine the inmate's lawful status in
the United States.
(4) If the LESC requests a jail staff member procure an
immigration detainer for the inmate and the inmate is still in
custody, the inmate shall not be released until after the
contact is made. If the inmate has already been released prior
to the notification from the LESC, the LESC shall be advised
of this fact.
(5) A jail staff member shall request that the LESC
automatically notify ICE of any inmate who is determined to be
an illegal alien.
(6) An inmate who is suspected to be an illegal alien
shall not be detained solely because of the unavailability of
after-hours contact information to determine whether he or she
is an illegal alien.
(7) An inmate identified as an illegal alien shall not
be detained on the basis of being an illegal alien unless the
LESC or ICE specifically provides written instructions for
detaining the inmate as an illegal alien. The existence of an
arrest warrant shall be verified with ICE within 24 hours of
the placement of the immigration detainer.
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the placement of the immigration detainer.
(8)a. Inmates shall be held no longer than 48 hours
pursuant to an immigration detainer or an immigration warrant,
unless the warrant is signed by a federal judge or federal
magistrate. An immigration warrant signed by any immigration
official other than a federal judge or federal magistrate
shall be treated as an immigration detainer. If an immigration
warrant signed by a federal judge or federal magistrate is not
received by the jail staff within 48 hours, or if ICE does not
take custody of the inmate within 48 hours, the inmate shall
be eligible for release from the custody.
b. This subdivision does not relieve the jail staff of
the requirement to notify the appropriate consulate of foreign
nationals.
(9) The jail staff shall maintain in each inmate's file
a record of all communications with ICE.
(b)(1) When a suspected foreign national is confined,
for any period, in a county or municipal jail, a reasonable
effort shall be made to verify that the foreign national has
been admitted to the United States and, if lawfully admitted,
that the lawful status has not expired.
(2) When a suspected foreign national is admitted into
the jail, a jail staff member shall obtain at least one of the
following documents from the individual to determine whether
he or she has been lawfully admitted to the United States:
a. A Form I-94 Arrival/Departure Record issued by the
United States Department of Homeland Security.
b. A valid, unexpired passport indicating that a visa
was issued.
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was issued.
c. A permanent resident alien card Form 551.
d. A valid Nexus card.
e. A valid global entry identification card issued by
the United States Department of Homeland Security.
f. A valid passport indicating the bearer is a citizen
of a country participating in a visa waiver program
administered by the United States Department of State.
(3) If a suspected foreign national does not produce a
copy of one of the documents set forth in subdivision (2), or
if verification of any document is required, a jail staff
member shall contact the LESC or ICE for a determination of
the immigration status of the suspected foreign national.
(c) If a newly admitted inmate claims to be a consular
officer or to have diplomatic status and the inmate is unable
to produce the proper credentials or verification of
diplomatic status as required, a jail staff member shall
contact the United States Department of State during its
normal working hours or the Command Center of the Office of
Security of the United States Department of State outside of
working hours to request verification of the inmate's status
as a consular officer or of other diplomatic status. Once an
inmate's status is verified as a consular officer or diplomat,
he or she shall be immediately released.
(d) Nothing in this section shall be construed to deny
an inmate bond or from being released from confinement when
the inmate is otherwise eligible for release; provided,
however, that, upon verification that any inmate confined in a
jail is an illegal alien, the inmate may be detained,
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jail is an illegal alien, the inmate may be detained,
arrested, and transported as authorized by state and federal
law.
§31-13-54
(a) A county or municipal jail that has custody of an
inmate who is subject to an immigration detainer request
issued by ICE shall:
(1) Comply with, honor, and fulfill any request made in
the immigration detainer request; and
(2) Inform the inmate identified in the immigration
detainer request that the inmate is being held pursuant to an
immigration detainer.
(b) Subsection (a) does not apply to an inmate who has
provided proof that he or she is a citizen of the United
States. Proof of citizenship may include, but is not limited
to:
(1) A driver license or nondriver identification card
issued by the Alabama State Law Enforcement Agency; or
(2) A government issued identification issued by the
federal government or another state.
§31-13-55
(a) A state, county, and local jail, at least
quarterly, may prepare a report to be posted on the jail's
website or any other form of public electronic communication
used by the jail and shall include:
(1) The total number of inmates booked into the jail;
(2) The total number of foreign national inmates
included in the total provided for in subdivision (1);
(3) The total number of inquiries made to LESC or any
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(3) The total number of inquiries made to LESC or any
other federal agency inquiring about the immigration status or
prior arrests of foreign national inmates;
(4) The total number of responses from any inquiry
under subdivision (3);
(5) The total number of responses as provided for in
subdivision (4) that indicate a foreign national inmate to be
unlawfully within the United States;
(6) Any information about the inmate's lawful entry
into the United States, including the date of entry and visa
type if the length of the inmate's stay in the United States
is not authorized by his or her visa;
(7) The number of immigration detainers issued by the
United States Immigration and Customs Enforcement Division of
the Department of Homeland Security for inmates in the jail;
and
(8) A statement by the sheriff, chief of police, or his
or her designee verifying that all requirements of Section
31-13-52 have been complied with and that the jail is in
compliance with all applicable laws.
(b) A state, county, or local jail shall annually
provide the information reported in subsection (a) to the
Alabama State Law Enforcement Agency which shall annually post
the information on its website.
Section 3. Nothing in this act shall limit or abridge
any right created or recognized by the Constitution of Alabama
of 2022, or the Constitution of the United States.
Section 4. This act shall become effective on June 1,
2025.
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2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................04-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................03-Apr-25
Read for the third time and passed
as amended
Yeas 74
Nays 26
Abstains 0
................17-Apr-25
John Treadwell
Clerk
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