Bill allowing local police to enforce immigration laws remains in Alabama House committee

A bill that could allow Alabama law enforcement to partner with federal agencies to enforce immigration laws will spend at least another week in committee as the clock winds down on the legislative session.

HB 376, sponsored by Rep. Ernie Yarbrough, R-Trinity, was carried over by the House Public Safety and Homeland Security Committee amid concerns from law enforcement.

“I think we are getting close, but we are still working on it, and I would like to carry it over to next week, if possible,” said Rep. Shane Stringer, R-Citronelle, who is overseeing work on the bill.

Yarbrough was not in committee on Wednesday.

Rep. Allen Treadaway, R-Morris, the chair of the committee, said in an interview after the meeting that a subcommittee is looking at the potential impact the legislation could have on jails.

“There are concerns on the sheriffs’ side … if it is going to create folks in their county jails that they don’t have space for,” Treadaway said. “That is not the intent of the bill. I think what we need to do is clear up some language about what the intent of the bill is to do.”

A message seeking comment was left with the Alabama Sheriffs Association on Wednesday.

Treadaway said the bill is supposed to provide a mechanism that allows local law enforcement to detain individuals who are in the country illegally before transferring them to federal agencies, such as Immigration and Customs Enforcement.

“There is no intent for us to be doing the federal government’s job, rounding folks up and filling up our jails,” Treadaway said. “The intent of the legislation is to be able to hold those individuals who are breaking our laws in this country and hold them accountable, just have that additional tool and have that mutual agreement with the federal government that, ‘Hey, this individual has committed a violent crime, and we have him in our jail and to come get him.’ Especially if the local case falls apart.”

As introduced, the bill allows local law enforcement to enter into an agreement with federal agencies to enforce the country’s immigration laws and investigate an individual’s immigration status.

It allows police and sheriffs’ departments to transport undocumented immigrants and arrest people based on their immigration status or for violating federal immigration law. The legislation also withholds funding from state agencies who do not comply with provisions in the bill.

The legislation requires state and local agencies to maintain a database indicating people’s immigration status. It also mandates that county and municipal jails honor immigration detainer requests and generate a report on the number of foreign nationals they encounter each quarter.

At a public hearing on the bill earlier this month, some speakers expressed concerns that vulnerable populations, including those who are undocumented, will hesitate to call on local law enforcement to report abuse or incidents of potential violence out of fear of what will happen to them.

Just after the public hearing ended, Rep. Tracy Estes, R-Winfield, said the country was “being invaded.” Foreign-born people account for about 14% of the population of the United States. In Alabama, foreign-born people only make up 3.8% of the population.

Several on the committee expressed concerns the legislation could lead to profiling. Others objected on moral grounds.

“I am not a law enforcement officer,” said Rep. Thomas Jackson, D-Thomasville, to members of the committee. “I don’t know anything about being on the streets and arresting people for crimes. I am on the other side of it. I have seen the mistreatment, the inhumanity of it.”

The bill was referred to the subcommittee earlier in the month, a move often intended to kill legislation. But Treadaway said he will work on the legislation.

“I have never put stuff in a subcommittee just to kill it, so I feel like there’s legitimate concerns to address in this bill,” Treadaway said.

He added that if the issues are addressed, there is support in his caucus for the legislation and will continue to move through the legislature.

The bill will need at least three legislative days to reach Gov. Kay Ivey’s desk. There are seven days remaining in the 2024 legislation session.