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Alabama Immigration Law

Frequently Asked Questions

Where can I get a copy of Alabama’s immigration law?

Governor Bentley signed Act No. 2011-535, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, into law in June 2011. Amendments to the law were made by Act No. 2012-491, which was signed into law in May 2012. PDF versions of these two Acts, which together make up the law, as enacted, are available by clicking on the links in this paragraph. Please note, however, that some provisions of the law are not effective at this time.

Where can I learn more about the lawsuits concerning Alabama’s immigration law?

Summaries of the lawsuits challenging the law are available here.  Additionally, links to various documents are available both in the summaries and here

Does the Attorney General’s Office conduct training on the immigration law?

The Attorney General is responsible for defending the challenges brought against the immigration law in court, and he has certain other responsibilities under the law as well.  Training, however, is not one of those responsibilities.  

The law does provide that the Alabama Department of Homeland Security  has “authority to coordinate with State and local law enforcement the practice and methods required to enforce” the law.  Act No. 2011-535 at § 23, codified at Ala. Code § 31-13-22.  Additionally, the Alabama Peace Officers Standards and Training Commission is conducting mandatory training for law enforcement officers.

Can I get an Attorney General’s Opinion to resolve a question I have about Alabama’s immigration law?

Section 36-15-1 of the Code of Alabama imposes certain enumerated duties on the Attorney General. These include giving his Opinion, in writing, on questions of law connected with the interests of the State and State departments and to certain enumerated local, county, and municipal officials and bodies. Opinions are formal writings based on specific facts. They are not binding, but they are entitled to great weight and may constitute persuasive authority. There are times when the Attorney General will not issue an Opinion, including when the matter is in litigation. This is a long-standing policy of the Office, which has been enacted into the law. Ala. Code § 36-15-1. Accordingly, an Attorney General’s Opinion is not an option at this time because of the litigation.

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