Birmingham's Immigration Policy: The Rules That Matter

If you live in Birmingham or are thinking about moving there, immigration policy are one of those things you probably won't think about until they affect you directly. Birmingham has 2 specific rules on the books covering different aspects of immigration policy, and some of them might surprise you.

Sanctuary Policy Preemption

Alabama HB 432, signed in 2023 and codified within AL Code Title 31, bars Birmingham and every other Alabama municipality from adopting sanctuary policies that limit cooperation with federal immigration authorities. Violators risk loss of state grant funding.

Key details: Law: AL HB 432 (2023). Local sanctuary: Prohibited. Penalty: Loss of state grants. Enforcer: AL Attorney General. Detainers: Must be honored.

A finding of noncompliance can trigger loss of state-administered grants, civil enforcement by the Alabama Attorney General, and removal of officials who knowingly enforce a void sanctuary policy.

This is one of the stricter rules in Birmingham's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

E-Verify Mandates

Alabama's Beason-Hammon Act, codified at AL Code Title 31 Chapter 13, requires every Birmingham employer to enroll in the federal E-Verify system and check the work eligibility of new hires. Public contractors and subcontractors must certify compliance.

Key details: Statute: AL Code 31-13-9. Coverage: All Alabama employers. Public contracts: Affidavit required. System: Federal E-Verify. Effective: 2011 enacted.

Employers who fail to use E-Verify can face suspension of business licenses by the Alabama Department of Homeland Security and disqualification from public contracts, plus federal immigration enforcement penalties.

Compared to other cities, Birmingham takes a harder line on e-verify mandates. The enforcement and penalty structure reflects that.

The Bottom Line

Birmingham is tougher than many cities when it comes to immigration policy. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Birmingham, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Birmingham can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.