Code of Alabama

Ala. Code § 31-13-8 (2026)

Enrollment or Attendance at Institutions of Postsecondary Education.

✓ official Alabama Legislature (ALISON) text, current July 2026

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An alien who is not lawfully present in the United States shall not be permitted to enroll in or attend any public postsecondary education institution in this state. For the purposes of this section, a public postsecondary education institution officer may seek federal verification of an alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A public postsecondary education institution officer or official shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. Except as otherwise provided by law, an alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit, including, but not limited to, scholarships, grants, or financial aid.

(Act 2011-535, p. 888, §8; Act 2012-491, p. 1410, §1.)

Notes of Decisions

Cited in 4 cases, 2012–2017 · leading case: Hispanic Interest Coalition of Alabama v. Governor of Alabama, 691 F.3d 1236 (11th Cir. 2012).

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Hispanic Interest Coalition of Alabama v. Governor of Alabama, 691 F.3d 1236 (11th Cir. 2012). · cites it 2× “Ala.Code § 31-13-8. In order to execute this prohibition, officers of those institutions may “seek federal verification of an alien’s immigration status with the federal government” pursuant to 8 U.”

State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017). “, Ala. Code § 31-13-8 ; S.C. Code Ann. § 59-101-430 ; see also Estrada, 2017 WL 2062078 at *1.”

People for Ethical Treatment of Animals, Inc. v. Miami Seaquarium, 189 F. Supp. 3d 1327 (S.D. Fla. 2016). “2012) (finding standing where the organizational plaintiff, Alabama Appleseed Law & Justice (“Appleseed”), whose mission *1339 was “to identify root causes of injustice and equality in Alabama and to develop and advocate for solutions,” 10 claimed injuries arising from an…”

State v. McCcd (Ariz. Ct. App. 2017). “, Ala. Code § 31-13-8 ; S.C. Code Ann. § 59-101-430 ; see also Estrada, 2017 WL 2062078 at *1.”

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