Immigration (Enforcement)

HB 348 requires that individuals in Alabama who are undocumented (defined as "illegal aliens" under state law) and charged with violent offenses be held in custody without bail until a court conducts a pretrial hearing. At this hearing, the court must deny bail if no amount would reasonably ensure the defendant’s court appearance or protect public safety, and the bill establishes a legal presumption that undocumented immigrants are inherently likely to flee, which courts must give significant weight. The court must consider factors like the crime’s severity, community danger, and the defendant’s background, but the presumption of flight risk based solely on immigration status is a key factor. This law applies to all undocumented individuals charged with violent offenses as defined by Alabama law and takes effect on October 1, 2026.

HB 13, titled the "Laken Riley Act," establishes procedures for Alabama state and local law enforcement to interact with federal immigration authorities. It allows officers to arrest individuals based on immigration status or federal immigration violations, requires jails to honor federal immigration detainer requests, and mandates quarterly reporting on foreign nationals held in county/municipal jails. The bill also creates standardized intake and booking processes for undocumented individuals and permits law enforcement to transport them to federal custody. These provisions directly affect law enforcement agencies, county jails, and individuals in Alabama without legal immigration status.