Alabama Immigration Lawyer Help

Immigration Law in Alabama — what to do right now

If ICE has taken someone, write down their full legal name and date of birth and find their A-number (alien registration number) from any immigration paperwork, then look them up on ICE's free Online Detainee Locator System. Do not let them sign anything labeled 'voluntary departure' or 'stipulated removal' without understanding it — signing can waive a hearing and trigger years-long reentry bars. Then call 1-844-690-0555. Our AI assistant will walk you through locating them, what the detainer means, and whether a bond hearing is possible — free, 24/7, and in Spanish if you need it.

The law in Alabama: Immigration Law

Immigration is federal law, and that single fact controls everything about an Alabama case. Status is granted or taken away by federal agencies and courts — USCIS, ICE, the immigration judges of the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals, and ultimately the U.S. Court of Appeals for the Eleventh Circuit in Atlanta. Alabama's circuit and district courts have no power over removal, asylum, or green cards. What Alabama can do is cooperate with enforcement — and in 2025 it chose to do so aggressively.

Removal proceedings run under INA § 240 (8 U.S.C. § 1229a) before an immigration judge. For non-detained Alabama residents, that judge sits at the Atlanta — W. Peachtree Street Immigration Court (Peachtree Summit Federal Building, 401 W. Peachtree St.) — often a 2.5 to 4-hour drive each way from Alabama. If someone is detained, ICE's New Orleans Field Office (which covers Alabama, Arkansas, Louisiana, Mississippi and Tennessee) typically moves them to the Stewart Immigration Court inside Stewart Detention Center in Lumpkin, Georgia, a court whose judges deny well over 90% of asylum cases. Relief from removal is fact-specific: asylum under INA § 208 (8 U.S.C. § 1158), cancellation of removal under INA § 240A (8 U.S.C. § 1229b) for long-residing residents, or adjustment of status to a green card under INA § 245 (8 U.S.C. § 1255).

On the affirmative side — where you apply before anyone is in court — USCIS in the Atlanta field-office region adjudicates family petitions (I-130), green cards, naturalization (N-400), DACA renewals, affirmative asylum (I-589), and humanitarian U and T visas under INA § 101(a)(15)(U) and (T) for crime and trafficking victims. These are the cases Alabama's nonprofit centers handle most. The Eleventh Circuit's case law governs appeals here, and it is generally less protective on asylum and discretionary relief than circuits in the West, so the same facts can produce a harder outcome in Alabama than in California.

Layered on top is Alabama's own enforcement statute. The 2011 Beason-Hammon Act (HB 56) was mostly struck down, but its mandatory E-Verify mandate for employers (Ala. Code § 31-13-15) survived, and it banned local sanctuary policies. In 2025 the Legislature added SB 53, making it a Class C felony — defined as 'human smuggling' — to knowingly transport an undocumented person into Alabama (effective October 1, 2025), and SB 63, requiring law enforcement to collect fingerprints and a DNA sample from people in custody they determine lack legal status (effective June 1, 2025). None of these grant or remove federal status — but they shape the risk you live with day to day.

Key Statutes (federal + Alabama)

INA § 208 / 8 U.S.C. § 1158 — Asylum and the one-year filing deadline
INA § 240 / 8 U.S.C. § 1229a — Removal (deportation) proceedings
INA § 240A / 8 U.S.C. § 1229b — Cancellation of removal for long-residing residents
INA § 245 / 8 U.S.C. § 1255 — Adjustment of status (green card from inside the U.S.)
Ala. Code § 31-13-15 (HB 56) — Surviving mandatory E-Verify; SB 53 & SB 63 (2025) enforcement layer

Courts & Agencies (all federal or out-of-state)

Atlanta — W. Peachtree St. Immigration Court (EOIR) — non-detained Alabama cases
Stewart Immigration Court, Lumpkin GA — most detained Alabamians
ICE Enforcement & Removal Operations — New Orleans Field Office (covers Alabama)
USCIS — Atlanta field-office region (green cards, N-400, I-130, DACA, asylum)
Board of Immigration Appeals (Falls Church VA) → U.S. Court of Appeals, Eleventh Circuit

Penalties & Deadlines

Asylum: file Form I-589 within 1 year of last U.S. arrival (INA § 208(a)(2)(B))
BIA appeal: Notice of Appeal must be RECEIVED within 30 days of the judge's decision
Motion to reopen: generally 90 days; in absentia order: 180 days
Unlawful-presence bars: 3 years (>180 days) or 10 years (>1 year) on departure
SB 53 transport felony: up to 10 years + $15,000 fine; federal illegal reentry up to 20 years

Your Case Isn't in Alabama — and That Distance Is the Trap

The single thing that blindsides Alabama families: there is no functioning immigration court in the state. If you're not detained, your hearing is in Atlanta, hours away, where missing one date can produce an in absentia removal order. If you are detained, ICE moves you to Stewart in Lumpkin, Georgia — far from family, far from counsel, and notoriously stingy on bond. On top of that, Alabama in 2025 moved to expand detention — the Etowah County jail in Gadsden is being brought back into ICE use after closing in 2022 — and criminalized transport of undocumented people. Distance plus detention is why people lose winnable cases. Before you drive anywhere or sign anything, call 1-844-690-0555 — free, 24/7 — for information on what your notice actually means.

Likely outcomes & penalties

Immigration outcomes depend on the relief available and whether you act before a deadline closes. These are realistic ranges for Alabama cases routed through Atlanta and Stewart — not promises.

Removal order + reentry bar

A final removal order typically bars return for 5, 10, or 20 years — and permanently for an aggravated felony or reentry after removal. This is the core 'penalty' in every Alabama deportation case.

Bond release vs. mandatory detention

Some detainees at Stewart win release on bond pending their case; others fall under mandatory detention (INA § 236(c)) with no bond at all. Stewart's grant rates are among the lowest in the country.

Relief granted (asylum / cancellation / adjustment)

When relief is granted, the result can be asylum status, a green card, or a closed case — but Eleventh Circuit law makes asylum harder to win here than in many western states.

Voluntary departure

If granted, you must leave within the set period (max 60 or 120 days). Miss it and it converts to a removal order plus penalties — a costly mistake people make without understanding the terms.

Mistakes to avoid

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Signing a 'voluntary departure' or 'stipulated removal' form in detention at Stewart without understanding that it waives your hearing and can trigger a 3-, 10-, or 20-year bar on returning.

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Missing your hearing date in Atlanta because of the distance or a wrong address on file — an in absentia removal order can follow, and you then have only 180 days to move to reopen.

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Letting the asylum one-year deadline pass after arriving in Alabama; Form I-589 must be filed within one year of your last entry, and the changed-circumstances exceptions are narrow.

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Assuming an Alabama state court or county jail can fix an immigration hold — only federal authorities (ICE, EOIR, USCIS, the BIA) can, and a detainer is an ICE request, not a state ruling.

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Waiting to act because free representation seems available; Alabama has far fewer BIA-accredited nonprofit providers than Texas or California, so demand vastly outstrips capacity and delay can be fatal to a case.

How it works

No income test, no web form, no waiting on hold. Call any hour, in English or Spanish, the moment ICE acts or a notice arrives from Atlanta.

It explains your detainer, your notice, the asylum and appeal deadlines, and how the Atlanta and Stewart courts work — in plain language. This is legal information, not legal advice, and it creates no attorney-client relationship.

If your case needs a lawyer, we can help you book a paid consultation with an attorney licensed to handle Alabama immigration matters. Online booking isn't live yet, so we arrange it through the call.

Free & low-cost Immigration Law help in Alabama

Alabama has a thin but real network of nonprofit and BIA-accredited immigration providers, plus official referral routes. These are free or low-cost starting points — and they are not Legal Hotline. Our AI assistant can help you decide which fits and what to ask.

Hispanic & Immigrant Center of Alabama (¡HICA!)

BIA-recognized organization with partially accredited representatives handling family petitions, DACA, naturalization (N-400), VAWA, U-visas, adjustment of status and green-card renewals. Birmingham-based, serving statewide.

Adelante Alabama Worker Center

Birmingham-based worker and immigrant rights center offering know-your-rights training, deportation-defense support and referrals for those facing ICE enforcement.

Alabama Coalition for Immigrant Justice (ACIJ)

Statewide rapid-response and detention-support network providing know-your-rights resources and connecting detained Alabamians and their families with help.

Catholic Social Services (Archdiocese of Mobile / Diocese of Birmingham)

Immigration legal services with BIA-accredited representation across south and central Alabama — family-based petitions, adjustment, citizenship and humanitarian cases.

EOIR List of Pro Bono Legal Service Providers (Atlanta & Stewart)

The official Justice Department roster of free legal-service providers for people in removal proceedings before the Atlanta and Stewart immigration courts — the courts that hear Alabama cases.

Immigration Advocates Network — National Legal Services Directory (Alabama filter)

Searchable directory of nonprofit and low-cost immigration legal providers; filter to Alabama to find vetted organizations near you.

Alabama State Bar Lawyer Referral Service

Official referral service of the Alabama State Bar. Toll-free 1-800-392-5660; online referral 24/7. Connects you to a bar-member attorney for an initial 30-minute consultation charged no more than $50 (and sometimes waived).

FAQ — Immigration Law in Alabama

Is there an immigration court in Alabama?

No. Alabama has no functioning immigration court. If you're not detained, your case is heard at the Atlanta — W. Peachtree Street Immigration Court in Georgia; if you're detained, ICE usually moves you to the Stewart court in Lumpkin, Georgia. Both are federal courts. To understand which one applies to your notice, call 1-844-690-0555 — free, 24/7.

ICE took my husband in Alabama — what do I do right now?

Find his A-number from any immigration paperwork and use ICE's free Online Detainee Locator System with his name and date of birth, because he may be moved to Stewart in Georgia within days. Do not let him sign anything until he understands it. Call 1-844-690-0555 and our AI assistant will walk you through locating him and what a detainer means — legal information, not advice.

How do I get someone out of Stewart Detention Center?

It depends on whether they're eligible for a bond hearing or fall under mandatory detention under INA § 236(c). Stewart's bond grant rates are among the lowest in the country, so the request has to be built carefully. Call 1-844-690-0555 for free information on whether a bond hearing is possible and what it involves, then we can help you book an Alabama-licensed attorney.

What is the asylum one-year deadline and does it apply in Alabama?

Yes — it's federal, so it applies the same in Alabama. You generally must file Form I-589 within one year of your last arrival in the U.S. under INA § 208(a)(2)(B). The exceptions for changed or extraordinary circumstances are narrow. If your year is running out, call 1-844-690-0555 now for free information on the deadline and what counts as an exception.

I missed my hearing in Atlanta — is my case over?

Not necessarily. A missed hearing usually produces an in absentia removal order, but you may be able to move to reopen within 180 days for exceptional circumstances — or with no time limit if you never received proper notice. The clock matters enormously. Call 1-844-690-0555 for free information on reopening before that window closes.

Can an Alabama state court or county jail lift an immigration hold?

No. An ICE detainer is a federal request, and only federal authorities — ICE, the immigration judge, USCIS, or the Board of Immigration Appeals — can act on immigration status. Alabama's state courts have no power over removal or bond. For free information on what a detainer means in your situation, call 1-844-690-0555.

Does Alabama's 2025 immigration law affect my family?

It can. SB 53 makes it a Class C felony — up to 10 years and a $15,000 fine — to knowingly transport an undocumented person into Alabama, with no exception for family members, and SB 63 requires law enforcement to collect fingerprints and DNA from people in custody they believe lack status. These don't change your federal case but they change your day-to-day risk. Call 1-844-690-0555 for plain-English information.

How long do I have to appeal an immigration judge's decision?

Your Notice of Appeal must be received by the Board of Immigration Appeals within 30 calendar days of the judge's decision — not postmarked, received — and the deadline can't be extended. Appeals from Alabama go to the BIA and then the Eleventh Circuit. Call 1-844-690-0555 right away for free information on the appeal window.

Can I get a green card or become a citizen while living in Alabama?

Yes. USCIS in the Atlanta field-office region handles green cards (adjustment under INA § 245), family petitions (I-130) and naturalization (N-400) for Alabama residents — these are filed with the agency, not in court. To understand which forms and timing apply to you, call 1-844-690-0555 for free information, in your language.

Is the call really free, and are you a law firm?

The call to 1-844-690-0555 is genuinely free, 24/7, with no income test. Legal Hotline is not a law firm and not a public defender — we give legal information, not legal advice, and the call creates no attorney-client relationship. If you decide you want representation, we can help you book a paid consultation with an Alabama-licensed immigration attorney.

Alabama Immigration Attorneys: Join Our Referral Network

Are you an attorney licensed to handle immigration matters for Alabama clients — deportation defense, asylum, bond at Stewart, family petitions or naturalization? We send frightened, ready-to-act callers to vetted attorneys after our AI assistant gives them free information. If you'd like to receive paid-consultation referrals from people across Birmingham, Huntsville, Montgomery, Mobile and the rest of the state, join our network. This is a referral path for licensed attorneys only and is entirely separate from the free help offered to callers.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Facing ICE, Detention or Deportation in Alabama? Your Clock Is Already Running.