Rep. Chip Brown, R-Hollinger's Island, casts a vote in the Alabama House of Representatives on April 25, 2024 at the Alabama Statehouse in Montgomery, Alabama. His legislation to enhance criminal penalties for people who are not authorized in the U.S. continues to move through the Alabama Legislature. (Brian Lyman/Alabama Reflector)
Two Alabama House committees Wednesday 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 on the two committees voted against the measures, and immigrant rights groups expressed outrage at some claims made 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 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.”
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The House Public Safety and Homeland Security Committee approved SB 55, sponsored by Sen. Chris Elliot, R-Josephine, which would declare 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 approved 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 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.
Later on Wednesday, the House Judiciary Committee approved HB 3, sponsored by Rep. Chip Brown, R-Hollingers Island, which imposes harsher penalties on those who are not authorized to be in the United States and who 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.”
Under the bill, an immigrant without legal authorization convicted of a Class D felony, punishable by up to five years in prison and a fine of $7,500, would see the charge move up to a Class C felony, punishable by up to 10 years in prison and a fine of $15,000. An individual convicted of a Class C felony with this bill becomes a Class B felony, punishable by up to 20 years in prison and a $30,000 fine.
A Class B felony conviction becomes 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 U.S. carries a mandatory sentence of 15 years.
Any person who is not authorized to reside in the country convicted of a misdemeanor offense will be punished with a Class C felony.
A substitute was introduced in the committee that added 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 whenever a person who is not authorized to live in this country commits a crime.
Brown said it depends on the administration, and that sometimes ICE is not notified if a person who is undocumented commits a misdemeanor.
Immigrant rights groups said that is not the case.
Hamilton said the bill violates equal protection rights in 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.”
Immigration enforcement has been a focus of the Legislation in the current session. Lawmakers are steadily working their way through bills that allow local law enforcement to enter into an agreement with the federal government to enforce the nation’s immigration laws.
They have also passed legislation in committee that requires labor brokers who employ foreign nationals to register with the state.
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Author: Ralph Chapoco