More Republicans push to criminalize bringing immigrants in the US illegally across state lines
The legislation given final approval Wednesday protects 'not only the citizens of Alabama but also the people that are immigrating here legally and doing everything the right way,' said the bill's Republican sponsor, Sen. Wes Kitchens.
The measure carves out exemptions for medical professionals such as ambulance drivers and employees for law firms, educators, churches or charitable organizations carrying out 'non-commercial' tasks. The bill also outlines a process for law enforcement to determine whether a person who is arrested is in the country legally. It now goes to Alabama Gov. Kay Ivey, who has 10 days to sign the legislation or else it fails by a pocket veto.
Alabama joins at least nine other states that have considered legislation this year that would create crimes of transporting immigrants who are unlawfully in the U.S., according to an Associated Press analysis using the bill-tracking software Plural. It's one of many recent bills passed by conservative statehouses seeking to aid President Donald Trump's crackdown on immigration.
Activists say Alabama could end up ensnaring people who provide transportation across state lines for essential services, such federal immigration court hearings in New Orleans and Atlanta, mandatory trips to out-of-state consulates and visits to family.
Jordan Stallworth, 38, works as a civic engagement coordinator for the Alabama Coalition for Immigrant Justice and lives in Wedowee, Alabama, a rural town of about 800 people that is just a 20-minute drive from Georgia. His wife has relatives living without legal status in both states and he often assists family members and other immigrants in the community with transportation.
Recently, he drove a family member lacking legal status to the maternity ward in Carrollton, Georgia, 35 miles (56 kilometers) away, since the local hospital doesn't have one. Stallworth worries that similar trips will be criminalized.
'I'm not gonna sit here and somebody's dying in front of me just to have a baby — I'm not gonna sit here and just let her die, family or not,' Stallworth said.
Federal law already makes it a crime to knowingly transport someone who is in the U.S. illegally. That law has been used in border areas against drivers picking up people who illegally cross into the U.S. But it has not historically been used for minor things like giving someone a ride to the grocery store, said Kathleen Campbell Walker, a longtime immigration attorney in El Paso, Texas.
But immigrant advocates are watching to see whether that changes under Trump.
'The likelihood of that being enforced is higher now because of the focus on removing undocumented people from the United States,' Walker said.
Alabama's legislation is similar to a 2023 Florida law, which made it a state crime to knowingly transport someone who entered the U.S. illegally. A federal judge issued a preliminary injunction against the Florida law last year, noting it's preemption by federal law. But in March, the judge narrowed that injunction to block the law's enforcement only against some who sued, including several individuals and members of The Farmworker Association of Florida.
Democratic Rep. Phillip Ensler testified against the Alabama bill, saying the crime already exists under federal law. He conceded that exemptions made the bill better but said, 'It just seems very cruel and overly broad that we're going to criminalize people doing innocent things.'
Tennessee Gov. Bill Lee, a Republican, signed a law last week that criminalizes harboring, transporting or hiding individuals without legal immigration status 'for the purpose of commercial advantage or private financial gain.'
Texas also has toughened its immigration laws. Last year, it increased prison sentences under a state anti-smuggling law that prohibits transporting individuals with the intent to conceal them from law enforcement.
Some of the similar measures considered by legislatures this year would apply more narrowly than the Florida and Texas laws. An Idaho law signed in March by Republican Gov. Brad Little creates a felony crime of 'trafficking a dangerous illegal alien,' defined as knowingly transporting someone in the country illegally who has been convicted of a felony or certain sex offenses. The new crime is punishable by up to two years in prison and a $10,000 fine.
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