(a) No court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States, if the party had direct or constructive knowledge that the alien was unlawfully present in the United States at the time the contract was entered into, and the performance of the contract required the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or performance could not reasonably be expected to occur without such remaining.
(b) This section shall not apply to a contract for lodging for one night, a contract for the purchase of food to be consumed by the alien, a contract for medical services, or a contract for transportation of the alien that is intended to facilitate the alien's return to his or her country of origin.
(c) This section shall not apply to a contract authorized by federal law, to a contract entered into prior to May 18, 2012, or to a contract for the appointment or retention of legal counsel in legal matters.
(d) In proceedings of the court, the determination of whether an alien is unlawfully present in the United States shall be made by the federal government, pursuant to 8 U.S.C. ยง 1373(c). The court shall consider only the federal government's determination when deciding whether an alien is unlawfully present in the United States. The court may take judicial notice of any verification of an individual's immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 13 - Illegal Immigration.
Section 31-13-1 - Short Title.
Section 31-13-2 - Legislative Findings.
Section 31-13-3 - Definitions.
Section 31-13-4 - Memorandum of Agreement With u.s. Department of Homeland Security.
Section 31-13-8 - Enrollment or Attendance at Institutions of Postsecondary Education.
Section 31-13-9 - Verification of Employment Eligibility by Employers Seeking Economic Incentives.
Section 31-13-10 - Willful Failure to Complete or Carry Alien Registration Documentation.
Section 31-13-11 - Unauthorized Aliens Prohibited From Seeking Employment in State.
Section 31-13-13 - Concealing, Harboring, Shielding, etc., Unauthorized Aliens.
Section 31-13-14 - Dealing in False Identification Documents; Vital Records Identity Fraud.
Section 31-13-15 - Employment of Unauthorized Aliens Prohibited.
Section 31-13-16 - Certain Business Expense Deductions Prohibited.
Section 31-13-17 - Discriminatory Employment Practices.
Section 31-13-22 - Enforcement of Chapter in Coordination With Federal Immigration Laws.
Section 31-13-23 - Enforcement Report.
Section 31-13-24 - Solicitation, Attempt, or Conspiracy to Violate Chapter.
Section 31-13-25 - E-Verify Employer Agent Service.
Section 31-13-26 - Enforcement of Certain Contracts Prohibited.
Section 31-13-28 - Voter Registration Eligibility and Requirements.
Section 31-13-29 - Limitations on Public Records Transactions Conducted by Unauthorized Aliens.
Section 31-13-30 - Relation to Real ID Act of 2005.
Section 31-13-31 - Defense of Law Enforcement Officers in Enforcement of Chapter.
Section 31-13-32 - Report to Alabama Department of Homeland Security.
Section 31-13-33 - Rental Agreements With Unauthorized Aliens Prohibited.
Section 31-13-34 - Enforcement of Chapter.
Section 31-13-35 - Records Searches by Department of Revenue; Investigations.