Two Alabama House committees on Wednesday, March 5, 2025, approved bills enhancing penalties for crimes committed by people living in the country without legal authorization and one invalidating out-of-state licenses issued to those without legal status.
Democrats in both committees voted against the measures, and immigrant rights organizations were outraged by some of the justifications used to defend the legislation.
“I think the worst part is that it presumes that immigrants are not already punished for crimes,” said Allison Hamilton, executive director of the Alabama Coalition for Immigrant Justice. “There is total misinformation here that, in Alabama, immigrants who are undocumented and go into jail, be convicted of a misdemeanor, and just be released. We have seen for years that people end up in jail even before they have charges, they are turned over to ICE (Immigration and Customs Enforcement) and detained.”
SB 55, sponsored by Sen. Chris Elliot, R-Josephine, was approved by the House Public Safety and Homeland Security Committee. The bill declares that licenses issued to immigrants without legal status are “not valid” in Alabama and do not allow the possessor to operate a vehicle.
The bill was approved by the Alabama Senate last month.
“We have about 19 different states across the country that issue licenses that are specifically for folks who are not here legally,” Elliott said to members of the committee. “What we are saying is we will not recognize those in Alabama.”
Those who have one of the licenses from one of those states will be issued a citation for driving without a license.
“The license clearly indicates that it is not issued for identification or that it was issued for driving issues only,” Elliott said.
On Wednesday, the House Judiciary Committee passed HB 3, sponsored by Rep. Chip Brown, R-Hollingers Island. This bill introduces stricter penalties for individuals who are not authorized to be in the United States and commit a felony.
“A crime against a minor is so egregious that we all agree it should never happen,” Brown said. “There has already been a crime committed, trespassing against the United States, so when they are in Alabama, in this way they are going to be handed over to ICE (Immigration and Customs Enforcement), and if they are convicted under this, which would bump it up, there will be some real jail time.”
The bill proposes to increase the severity of charges for immigrants without legal authorization who are convicted of Class D felonies. Currently punishable by up to five years in prison and a $7,500 fine, these offenses would be elevated to Class C felonies under the new legislation. This would mean a potential sentence of up to 10 years in prison and a fine of $15,000. Furthermore, individuals convicted of Class C felonies under this bill would face even harsher penalties, as they would be classified as Class B felonies with a maximum sentence of 20 years in prison and a $30,000 fine.
If someone is convicted of a Class B felony, their punishment can escalate to a Class A felony, which could lead to a life sentence in prison and a fine of $100,000. For individuals who are not authorized to be in the U.S., a Class A felony conviction comes with a mandatory 15-year sentence.
If someone who is not allowed to live in the country is found guilty of a misdemeanor, they will face charges for a Class C felony.
Rep. Penni McClammy, who represents Montgomery, inquired Brown about whether ICE is informed whenever an individual who is not authorized to reside in the country commits a crime.
Brown mentioned that the notification to ICE regarding undocumented individuals committing misdemeanors varies depending on the administration.
Immigrant rights groups disagreed with that statement.
Hamilton argued that the bill infringes on the equal protection rights guaranteed by the U.S. Constitution.
“We know this is going to be particularly targeted at Black and Brown immigrants,” she said. “We feel that it is racially motivated, racial profiling, and that it is also unconstitutional to impose different criminal sentences on different types of human beings.”
Lawmakers in the current session are focusing on immigration enforcement. They are actively reviewing bills that would enable local law enforcement to collaborate with the federal government in enforcing the country’s immigration laws.
In committee, they have also approved legislation that mandates labor brokers hiring foreign nationals to register with the state.
