In one of the final days of the legislative session, the Alabama House of Representatives is slated to tackle several controversial bills related to illegal immigration and reforming the Alabama Department of Archives and History (ADAH).
Lawmakers in both the House and Senate, specifically on the Democratic side of the aisle, have spent the entire session resisting legislation designed to target illegal immigration.
While not frequently attacking specifics in individual bills, most Democrats pointed to a generic concern over the National Republican messaging and the Trump administration's immigration policies.
House Republicans, however, promised significant reform to the state's policies surrounding illegal immigration after several controversies erupted in counties across the state.
Many of the immigration bills have passed at least one chamber, meaning they must clear final votes in both bodies in the two remaining voting days before the session concludes before they can become law.
Two bills that passed the Senate are last on the House's 16-bill Tuesday calendar, almost certainly ensuring significant Democratic pushback.
Senate Bill 53 (SB53) by State Sen. Wes Kitchen (R-Arab) would require all state, county and municipal jails to attempt to determine whether an individual arrested and detained in the jail is an illegal alien under certain circumstances. It would also create the Class C felony crime of human smuggling for those who transport a known illegal alien into the state.
The bill requires the federal government to verify a suspect's immigration status and forbids a state agent from independently making a final determination of an alien's status. It also sets the standards for local police when working with the federal government to determine a person's status, including confinement limits and procedures for coordinating with the U.S. Department of Immigration and Customs Enforcement (ICE).
The bill was amended to clarify that the criminal human smuggling charge would not apply to lawyers transporting clients, or for an educator or other employee of an educational entity to transport a student as part of an official educational activity, for non-commercial, religious, or charitable purposes and healthcare providers.
Also on Tuesday's calendar is Senate Bill 63 (SB63) by State Sen. Lance Bell (R-Pell City), which would require law enforcement agencies to collect fingerprints and DNA from any illegal alien in the agency's custody and submit the fingerprints and DNA for testing or cataloging.
The bill also forms the Alabama DNA Database Fund in the State Treasury to fund its provisions. New fees will provide the necessary funds for the fund. A $2 fee will be imposed on all municipal, district, and circuit court civil cases and upon initiation, attachment, garnishment, or execution proceedings.
In all municipal, district, and circuit court criminal cases, in bond forfeiture proceedings, and upon the issuance of any arrest warrant, the imposed fee is $15.
While not relating to immigration, legislation by State Sen. Chris Elliott (R-Josephine) changing how vacancies are filled on the ADAH board will surely bring Democratic pushback.
Instead of being filled by the board, as is the current practice, board vacancies would be filled on a rotating basis by House and Senate majority and minority legislative leadership, the lieutenant governor and the governor.
ADAH caught several lawmakers' attention after hosting a luncheon in June 2023 about Alabama's LGBTQ history.
Several legislative efforts have been made since then, including significant budget cuts and allowing the easier removal of board members. All attempted measures failed in previous sessions.
While Tuesday will be the 28th legislative day of the 30 allotted to them in the Alabama Constitution, lawmakers typically leave one day to spare to address any possible vetoes or executive amendments from Ivey. This makes it likely the final week for either body to vote on each other's legislation before running out of time.
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