(a)Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspicion exists that the individual is an illegal alien, a reasonable attempt shall be made, when practicable, to determine the citizenship and immigration status of the individual, except if the determination may hinder or obstruct an investigation. The determination shall be made by contacting the federal government pursuant to 8 U.S.C. § 1373(c) and relying upon any verification provided by the federal government. (b)Any alien who is arrested and booked into custody shall be subject to Section 31-13-18.
(c)A law enforcement officer shall not attempt to independ
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspicion exists that the individual is an illegal alien, a reasonable attempt shall be made, when practicable, to determine the citizenship and immigration status of the individual, except if the determination may hinder or obstruct an investigation. The determination shall be made by contacting the federal government pursuant to 8 U.S.C. § 1373(c) and relying upon any verification provided by the federal government.
(b) Any alien who is arrested and booked into custody shall be subject to Section 31-13-18.
(c) A law enforcement officer shall not attempt to independently make a final determination of whether an individual is an illegal alien. A law enforcement officer may not consider race, color, or national origin in implementing the requirements of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 2022.
(d) An individual is presumed to not be an illegal alien if the individual provides to the law enforcement officer any of the following:
(1) A valid, unexpired Alabama driver license.
(2) A valid, unexpired Alabama nondriver identification card.
(3) A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.
(4) Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.
(5) A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.
(6) A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.
(e) If an individual is determined by the federal government to be an illegal alien pursuant to 8 U.S.C. § 1373(c), the law enforcement agency shall cooperate in the transfer of the individual to the custody of the federal government if the federal government so requests.