Governor Ivey Signs Bills Targeting Illegal Immigrant Voting and Criminal Identification

Alabama Governor Kay Ivey signed two bills on Monday, May 12 that significantly affect how Alabama deals with illegal immigrants.

“Alabama is taking steps to protect our communities from impacts on public safety and the integrity of our elections,” Ivey said in a statement. “These bills will do just that by closing a loophole in state law concerning voter ID while also further enhancing law enforcement’s ability to effectively identify illegal immigrants with criminal records.”

SB158, sponsored by State Senator Will Barfoot (R-Pike Road), prohibits the use of foreign national driver licenses as acceptable identification for voting in Alabama. Under previous law, foreign-issued licenses were not explicitly banned, leaving what state officials called a “loophole” in the voter ID law.

SB63, sponsored by State Senator Lance Bell (R-Pell City), requires law enforcement officers to collect and submit fingerprints and DNA samples from undocumented immigrants already in custody. SB63 also revises and expands definitions relevant to immigration enforcement, including that of “illegal alien" as “an alien who is not lawfully present in the United States under any federal law, regulation, order, or directive.” (SB63 Enrolled, lines 90–92)

SB63 further mandates biometric data collection from, and specifies procedures for detaining, undocumented immigrants, including:

• Law Enforcement Custody Rule: Any illegal alien in the custody of a state law enforcement agency may not be released until:
  • A full set of fingerprints is collected.
  • A known DNA reference sample is collected (if not already on file).
• Data Submission:
  • Fingerprints must be submitted to the Alabama State Law Enforcement Agency.
  • DNA samples go to the Alabama Department of Forensic Sciences for analysis and entry into state databases.

Notably, SB 63 explicitly states that “no officer of this state or any political subdivision of this state shall attempt to independently make a final determination of an alien's immigration status. An alien possessing self-identification in any of the following forms is entitled to the presumption that he she is an alien lawfully present in the United States,” followed by a list of acceptable documents (SB63 Enrolled, lines 105-110).

Supporters of the bill say this will streamline the identification process and help match detainees to any existing criminal records.

Critics of similar measures in other states have warned they could lead to racial profiling or place undue burdens on immigrant communities. However, supporters argue the laws are necessary for public safety and election integrity.