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Montgomery, AL Immigration Policy: Sanctuary Policy Preemption (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Ordinance
City Code § 6-6, employment of illegal aliens
Adopted
Ord. No. 23-2008; amended Ord. No. 27-2021
1st violation
License suspended until compliance shown
2nd violation (3 yrs)
1-year license suspension
3rd violation (3 yrs)
Permanent revocation, city business ban
Enforcing office
Dept. of Finance / mayor's designee

Summary

Montgomery has no sanctuary policy; instead its code punishes local businesses that knowingly employ illegal aliens by suspending or revoking their city business license. A first offense suspends the license until the employer proves compliance, and a third offense within three years bars the violator from doing business in the city at all.

(b)A person shall not knowingly employ, recruit or refer for a fee for employment, an illegal alien or pay compensation to an employee or contractor for division of such payment with any illegal alien, or knowingly participate in any scheme whereby an illegal alien is engaged, directly or indirectly, to perform work for compensation in money or other valuable consideration...(e)Penalties...(1)For the first violation of subsection (b), the Director shall order a suspension of the person's license until the person shows to the satisfaction of the director that the person is no longer in violation of subsection (b)...(2)For the second violation of subsection (b) occurring within three years from the issuance of the director's first order, the director shall order the suspension of the license for one year.(3)For a third violation of subsection (b) occurring within three years of the issuance of the director's first order, the director shall order the permanent revocation of the license and issue an order prohibiting the violator from doing business within the city.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

Code Section 6-6 bars any person from knowingly employing, recruiting, or referring for a fee an illegal alien, or knowingly paying an employee for a scheme that funnels compensation to an illegal alien. An employer has a defense if it collected and documented lawful-resident verification at least 14 days after hire, or ran the federal work-authorization verification service within that window, even if the documentation later proves false. Complaints go to the city's department of finance; the director investigates and, on substantial evidence, holds a contested-case hearing under the Alabama Administrative Procedure Act before deciding whether a violation occurred.

Penalties escalate with each finding: a first violation gets the business license suspended until the owner files a sworn statement that it is no longer employing illegal aliens; a second violation within three years of the first order suspends the license for a full year; and a third violation within that same three-year window triggers permanent revocation of the license and an order barring the violator from doing business anywhere in the city. This is an employer-sanctions ordinance, not a policing or detainer policy: it says nothing about whether Montgomery police or jail staff cooperate with federal immigration detainers, and the code contains no separate sanctuary-city resolution or 287(g) agreement.

Violations & Fines

A first finding of knowingly employing an illegal alien suspends the offending business's city license until the owner files a sworn statement of compliance. A second finding within three years brings a one-year suspension, and a third finding within that window means permanent revocation plus a city order prohibiting the violator from doing business in Montgomery at all.

Frequently Asked Questions

Is Montgomery, Alabama a sanctuary city?
No. Montgomery's code contains no sanctuary declaration; instead Section 6-6 penalizes employers who knowingly hire illegal aliens by suspending or revoking their city business license, an employer-enforcement ordinance rather than a police non-cooperation policy.
What happens to a Montgomery business caught employing an illegal alien?
The city's director of finance can suspend its business license after a first violation until the owner swears compliance, suspend it for a year on a second violation within three years, and permanently revoke it and bar the business from the city on a third.
Can an employer avoid liability by checking work authorization?
Yes. Section 6-6(c) provides a defense if the employer collected and documented lawful-resident verification, or ran the federal electronic work-authorization check, within 14 days of the employee starting, even if that verification later turns out to be false.

Sources & Official References

Other rules in Montgomery

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