Alabama Immigration Law

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act
(Alabama's New Immigration Law)

On June 9, 2011, Alabama Governor Robert Bentley signed into law the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, and on September 28, 2011 U.S. Federal District Judge Sharon Blackburn temporarily enjoined (stopped from going into effect) certain portions of the Act (Sections 16 & 17).

On October 14, 2011, the 11th Circuit Court of Appeals enjoined two additional provisions. Nevertheless, almost all of the provisions affecting Alabama employers remain in place and impose significant new immigration compliance obligations with severe consequences if you fail to comply.

What is it intended to do?

  • Enforce illegal immigration laws
  • Reduce illegal immigration
  • Give Alabama the ability to partner with the federal government to enforce federal immigration laws
  • Require police to check ID for immigration status under certain conditions
  • Prohibit sanctuary cities
  • Require verification of eligibility for public benefits
  • Create a process to investigate whether businesses have hired illegal immigrants

The law imposes significant new requirements on Alabama employers:

  • Although some provisions of the law are being challenged in court, it appears unlikely that the provisions affecting employers will be overturned.
  • Listed below are summaries of sections of the law affecting employers.

Section 9

  • Effective January 1, 2012
  • As a condition of conducting business with the State of Alabama or any subdivision, employers shall sign a sworn affidavit stating they don’t employ unauthorized workers.
  • Employers shall provide documentation establishing enrollment in the E-Verify system.
  • Violators are subject to severe penalties:
    • First Violation
      • Deemed to be a breach of contract and the contract may be terminated.
      • The Attorney General may sue to suspend the business license and permits of the employer for up to 60 days.
      • The employer shall be required to file a signed, sworn affidavit with the local district attorney within 3 days after the order stating that the employer has terminated all unauthorized aliens and will not knowingly or intentionally hire any more.
      • Employers submit to the court a signed, sworn affidavit stating they are using E-Verify and a copy of the Memorandum of Understanding (MOU) with E-Verify.
    • Second Violation
      • Deemed to be a breach of contract and the contract will be terminated.
      • The Attorney General may sue to permanently revoke the business license and permits of the employer.
      • The employer shall be required to file a signed, sworn affidavit with the local district attorney within 3 days after the order stating that the employer has terminated all unauthorized aliens and will not knowingly or intentionally hire any more.
      • Employers submit to the court a signed, sworn affidavit stating they are using E-Verify and a copy of the (MOU) with E-Verify. 

Section 15

  • Effective April 1, 2012
  • Employers are prohibited from knowingly hiring, employing, or continuing to employ unauthorized aliens.
  • Violators could face severe repercussions:
    • First Violation
    • The Court Shall:
      • Order the employer to terminate all unauthorized aliens.
      • Impose a 3-year probation on the employer throughout the state.
      • While on probation, the employer shall file quarterly reports with the local district attorney of each new employee who is hired.
      • Order the employer to file a signed, sworn affidavit with the local district attorney within 3 days after the order stating that the employer has terminated all unauthorized aliens and will not knowingly or intentionally hire any more.
      • Suspend the business licenses and permits of the employer for up to 10 business days specific to the location where the unauthorized alien performed work.
      • The suspended business license or permit will not be reinstated until the employer submits to the Court:
        • A signed, sworn affidavit stating that the employer is in compliance with the Act; and
        • A copy of the MOU issued to the employer at the time of enrollment in E-Verify 
    • Second Violation
      • The Court shall permanently revoke all business licenses and permits of the employer specific to the location where the unauthorized alien performed work.
    • Third Violation
      • The Court shall forever suspend all business licenses and permits of the employer throughout Alabama.

Section 16

  • Wages paid to an unauthorized alien shall NOT be allowed as a deductible business expense.
  • Employers who violate the law face consequences with the IRS and the Alabama Department of Revenue (in addition to other penalties that may be imposed). 
  • Scheduled to be effective September 1, 2011, but prohibited from enforcing pending final determination by federal court

Section 17

  • Makes it a discriminatory practice to fail to hire, or discharge, an authorized worker in order to hire or retain an unauthorized worker.
  • If found guilty, the employer would have to pay compensatory damages (back pay).
  • Not subject to civil or criminal sanctions.
  • Enjoined indefinitely by federal court and may not be enforced pending final determination by federal court

 How Do Employers Protect Themselves?

To read the original Alabama Taxpayer and Citizen Protection Act in its entirety...

PBS will continue to monitor the situation and provide updates to you. Questions regarding the actual implementation of the law by employers still exist. This information is intended for general descriptive purposes only. Please consult your legal counsel to discuss your situation before taking any actions.

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