Chad Robertson, R-Heflin, filed legislation last Friday that would allow judges to deny bail to individuals charged with violent crimes who are in the country illegally. The bill, House Bill 348, is cosponsored by 32 members of the Alabama House of Representatives.
The proposal would give judges discretion to hold certain defendants without bail, a departure from current practice in which bail decisions are made based on factors such as the severity of the charge, criminal history, and flight risk.
“Illegal immigrants are an inherent flight risk,” Robertson said in announcing the bill. “When someone who is in this country illegally is let out on bail after being charged with a violent crime like rape or murder, we need a guarantee they are going to be in court. By denying bail, we have that guarantee.”
In a press release promoting the legislation, Robertson cited several criminal cases involving non-citizens who were later subject to action by federal immigration authorities.
The release pointed to an August 2025 case in which U.S. Immigration and Customs Enforcement lodged a detainer against a Honduran national charged with attempted murder following a stabbing at a soccer game in Summerdale. The individual also faced drug charges and had a prior arrest for public intoxication in 2024.
The statement also referenced a January 2025 operation by ICE Homeland Security Investigations in which two individuals described as unlawfully present were arrested in Alabama, including a Salvadoran national wanted on charges that included attempted murder, shooting into an occupied dwelling, and unlawful possession of a firearm.
In another case cited, Jose Paulino Reyes was charged in Tallapoosa County in March 2023 with multiple criminal counts related to the deaths of his girlfriend and her son.
HB348 has been assigned to committee and will be considered during the current legislative session. Similar proposals in other states have drawn scrutiny from civil-rights advocates and legal scholars, who argue that expanding pretrial detention based on immigration status raises due-process and equal-protection concerns. Supporters of the measure, including Robertson, argue the bill is focused on public safety and ensuring defendants appear in court.
