On Wednesday, March 5, 2025, two Alabama House committees approved bills that increase penalties for crimes committed by people living in the country without legal authorization and invalidate out-of-state licenses issued to those without legal status.
Democrats on both committees voted against the measures, and immigrant rights groups were outraged by some of the claims used to justify 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 complete misinformation here that in Alabama, undocumented immigrants are arrested, convicted of a misdemeanor, and then simply released. We’ve seen for years that people end up in jail even before they’ve been charged; they’re turned over to ICE and detained.”
The House Public Safety and Homeland Security Committee approved SB 55, sponsored by Sen. Chris Elliot, R-Josephine, which declares that licenses issued to immigrants without legal authorization are “not valid” in Alabama and do not allow the holder to operate a motor vehicle.
The Alabama Senate passed the bill 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 told committee members. “What we are saying is we will not recognize those in Alabama.”
Those with a license from one of those states will be cited for driving without one.
“The license clearly indicates that it is not issued for identification or that it was issued for driving issues only,” according to Elliott.
Later on Wednesday, the House Judiciary Committee approved HB 3, sponsored by Rep. Chip Brown, R-Hollingers Island, which increases the penalties for those who commit a felony while illegally present in the United States.
“A crime against a minor is so egregious that we all agree it should never happen,” Mr. 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.”
Under the bill, an immigrant without legal authorization who is convicted of a Class D felony, punishable by up to five years in prison and a $7,500 fine, will have the charge upgraded to a Class C felony, punishable by up to ten years in prison and a $15,000 fine. A Class C felony conviction under this bill is elevated to a Class B felony, punishable by up to 20 years in prison and a $30,000 fine.
A Class B felony conviction converts to a Class A felony, punishable by up to life in prison and a $100,000 fine. A Class A felony conviction for someone not authorized to be in the United States carries a mandatory 15-year sentence.
Any person who is not authorized to reside in the country and is convicted of a misdemeanor offense will face a Class C felony.
A substitute was introduced in the committee, stating that the victim must be a minor for the criminal enhancements to take effect.
Rep. Penni McClammy, D-Montgomery, asked Brown if ICE is not notified when a person who is not authorized to be in the country commits a crime.
Brown said it depends on the administration, and ICE is not always notified when an undocumented person commits a misdemeanor.
Immigrant rights organizations argue that this is not the case.
Hamilton claimed that the bill violates equal protection rights guaranteed by the United States Constitution.
“We know this is going to be particularly targeted at Black and Brown immigrants,” the woman 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.”
The current session’s legislation has focused on immigration enforcement. Lawmakers are steadily working on bills that would allow local law enforcement to collaborate with the federal government to enforce immigration laws.
They also passed legislation in committee requiring labor brokers who hire foreign nationals to register with the state.