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SB53, sponsored by Sen. Wes Kitchens, R-Arab, proposes a new criminal offense for human smuggling, prompting opposition at a House Judiciary Committee hearing last week. The bill, which has already passed the Senate, carries a potential prison sentence of one year and one day to ten years.
During the public hearing, immigrant rights organizations, such as the Alabama Coalition of Immigrant Justice, voiced strong opposition, arguing that the bill could criminalize acts of compassion and expose families to greater fear and instability. Executive Director Allison Hamilton emphasized the risks faced by mixed-status families, especially those needing to travel across state lines to coordinate with consulates for the care of their U.S.-born children.
In response to public criticism, Kitchens has revised the bill, including key exemptions. Under the bill, legal professionals would not be in violation for “transport[ing] a client to or from a federal immigration facility or other federal, state, or local government facility.” This distinction raised issues at the public hearing last week, as attorneys don’t often transport their clients. Kitchens said he did not want to “open Pandora’s box” and have the legislation weakened by loopholes if a friend or family member were transporting instead.
Ben Robbins, R-Sylacagua, brought forth an amendment that would change the language to the exemption provided for legal professionals to include any person transporting an undocumented immigrant for governmental purposes.
The amendment also added exemptions for any healthcare professionals who are transporting patients for treatment or organizations with religious or charitable purposes, not commercially.
Similarly, educational employees transporting students on out-of-state field trips, including students who may be undocumented, would also be exempt.
The bill further outlines a process for jail administrators at the state, county or municipal level to make reasonable efforts to verify the immigration status of individuals arrested and booked into their facilities. It also specifies procedures for responding to federal detainers and administrative warrants.
Additionally, SB53 repeals Section 31-13-13 of the Code of Alabama 1975, which had criminalized harboring or concealing undocumented immigrants but was previously deemed invalid by a federal court ruling.
Kitchens maintains that the bill is intended to strengthen enforcement and assist law enforcement officers in identifying individuals who are in the country illegally after an arrest has been made.
“The intent of this whole process is that if you have broken the law, if you have come into the country and you have broken the law, then law enforcement needs to be able to have the tools and the clarity,” said Kitchens.
