MONTGOMERY — After passing its second committee this week, Alabama’s Laken Riley Act, which would allow state and local law enforcement to partner with federal agencies to assist in eradicating illegal immigration, is finally poised to receive a House floor vote.
House Bill 7 (HB7), sponsored by State Rep. Ernie Yarbrough (R-Trinity), would authorize partnerships with the U.S. Department of Justice, the Department of Homeland Security, and any other federal agency to enforce federal immigration and customs laws.
Under the bill, a law enforcement officer “acting within the scope of his or her authority under any memorandum of understanding, agreement, or other authorization from the federal government may arrest, with probable cause, any individual suspected of being an illegal alien.”
HB7 passed the House Public Safety and Homeland Security Committee in mid-February after a public hearing and lawmakers’ debating the bill, seemingly setting it up for a full floor vote. However, House leadership decided to send it to another committee with another public hearing.
The House Judiciary Committee held the public hearing the week before lawmakers had their spring break, during which immigration advocates bemoaned the bill as discriminatory against Hispanics and other immigrants. On Wednesday, the committee gave HB7 a favorable report after applying some technical amendments. The amendments mostly replaced “shall” with “may” in a number of places, removing the compulsory aspect of some reporting requirements.
Yarbrough filed the bill during the last session but ran out of time after months of debate, deliberation, and adjustments from lawmakers. The bill is titled the Laken Riley Act, in honor of the slain University of Georgia student who was murdered by an illegal alien last year.
“This is not an issue that’s a respecter to the geographical location of a state or political alignment; it’s just a national problem,” Yarbrough said.
The bill has predictably drawn the ire of Democratic lawmakers throughout the two committees, challenging the constitutionality of the bill and claiming the bill would lead to discrimination and targeting of minority groups.
“I’ll just put on record that I have concerns,” said State Rep. Patrice “Penni” McClammy (D-Montgomery). “It seems like we’re passing a lot of immigration bills this year, and I kind of have concerns that we’re targeting people.”
McClammy was the only member of the committee to voice concern about the bill. However, it passed without an audible “no” vote.
In addition to the enforcement provisions, the bill would also require quarterly immigration-related reporting by local jails and detention centers. Local governments would be responsible for ensuring compliance with the bill’s provisions.
It also requires officers to act in “good faith” while enforcing the bill’s provisions in compliance with existing laws.
The bill would additionally:
· Allow state and local government employees to maintain information relating to the immigration status of any individual.
· Allow state and local law enforcement officers to transport an illegal alien to the federal government's custody.
· Allow local law enforcement to arrest an illegal alien based on his or her status as an illegal alien or for violating any federal immigration law.
· Create standard procedures for the intake and booking illegal aliens and foreign nationals in county and municipal jails.
· Require jails to honor immigration detainer requests issued by the Department of Homeland Security in certain circumstances.
· Allow quarterly reports by county and municipal jails regarding foreign nationals.
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