Alabama Immigration Law (Act No. 2011-535)

Frequently Asked Questions

Where can I get a copy of Act No. 2011-535?

The Act is available in PDF form here and in a searchable format here.  Additionally, the Attorney General’s Office had created a PDF, available here, that indicates which provisions have been enjoined or have otherwise not yet taken effect.

Where can I learn more about the various lawsuits concerning Act No. 2011-535?

Summaries of the lawsuits challenging Act No. 2011-535 are available here. Additionally, links to various documents are both available in the summaries and listed here.

When will the Attorney General’s Office be conducting training on Act No. 2011-535?

The Attorney General is responsible for defending the various challenges brought against Act No. 2011-535 in court, and he has certain other responsibilities under the Act as well.  Training, however, is not one of those responsibilities.  This Office is issuing Guidance on the law. 

Pursuant to Section 23 of the Act, the Alabama Department of Homeland Security  “shall have authority to coordinate with State and local law enforcement the practice and methods required to enforce this Act . . . .”   Additionally, the Alabama Peace Officers Standards and Training Commission is conducting mandatory training for law enforcement officers.

Can I get an Attorney General’s Opinion to resolve a question I have about Act No. 2011-535?

Section 36-15-1 of the Code of Alabama imposes certain enumerated duties on the Attorney General. These include giving his Opinion, in writing, on questions of law connected with the interests of the State and State departments and to certain enumerated local, county, and municipal officials and bodies.  Opinions are formal writings based on specific facts.  They are not binding, but they are entitled to great weight and may constitute persuasive authority.  There are times when the Attorney General will not issue an Opinion, including when the matter is in litigation.  This is a long-standing policy of the Office, which recently became the law.  Ala. Code § 36-15-1. 

While an Attorney General’s Opinion is not an option at this time because of the litigation, the Office is issuing generalized guidance which may be helpful to State and local entities in interpreting and enforcing Act No. 2011-535.  The Attorney General is undertaking this effort in light of his unique enforcement role under the Act. Some of the guidance will be based on positions that the Office has taken in court.  The Guidance is available here.