Background: House Bill 3 would require enhanced sentencing for criminal defendants who are undocumented immigrants. Under this legislation, if a person convicted of a felony is found to be undocumented, they would face harsher sentencing. Specifically, the bill mandates that a Class D felony conviction be elevated to a Class C felony, a Class C felony to a Class B felony, and a Class B felony to a Class A felony. Additionally, any undocumented person convicted of a Class A felony must receive a minimum sentence of 15 years, with a maximum of life imprisonment. The bill also stipulates that if an undocumented person is convicted of a misdemeanor involving a minor as the victim, they must be sentenced as if they had committed a Class C felony.
Our Position: The ACLU of Alabama opposes HB3. This bill is a discriminatory measure that unjustly punishes individuals based on their immigration status rather than the nature of the crime itself. Enhanced sentencing laws have been shown to disproportionately impact marginalized communities, leading to further inequities in the criminal justice system. Furthermore, multiple studies, including a 1994 report by the U.S. Commission on Immigration Reform, have concluded that immigration is not associated with higher crime rates. Criminal sentencing can have a profound effect on a person's ability to remain lawfully in the United States, and this bill seeks to impose harsher penalties on individuals solely because of their status. HB3 is another attempt to conflate immigration with criminality, reinforcing harmful stereotypes while failing to improve public safety.
