Madison County (Alabama) Attorney - Memo to License Director re HB56 (10/26/11)

8/3/2019 Madison County (Alabama) Attorney - Memo to License Director re HB56 (10/26/11)

1/6

/

TO:

DATE: October 26, 20 IIRE: Alabama Act 2011-535; The "Immigration Act"

As you know, portions of Alabama Act 2011 -535 , commonly known as the "Immigration Act,"are now in effect. We believe this law affects all licenses and tags issued and/or renewed by youroffice. We understand your office has begun requiring documents specified in the ImmigrationAct to show United States citizenship. Based on our research, we believe to be fully compliantwith the Immigration Act, each individual or general partnership who wants to obtain and/orrenew a driver's license, business license, or any other license or tag must also initial and sign thedeclaration attached hereto as Exhibit A. Before issuing/renewing any license or tag to a generalpartnership, we believe each partner of that partnership must initial and sign this declaration.As noted in the August 11, 2011 Notice your department received from the Alabama Departmentof Revenue, this does not apply to corporations, limited liability companies, or limited liabilitypartnerships.Madison County, Alabama is in the process ofregistering for the Systematic Alien Verificationfor Entitlements Program ("SAVE") which is operated by the United States Department ofHomeland Security. As also noted in the Alabama Dept . of Revenue's August 11 , 2011 Notice,once Madison County is fully registered, SAVE is to be used to verify the lawful presence ofnon-U.S. citizens who want to obtain or renew a license or tag. More information regardingSAVE will follow once registration is completed.A non-marked copy of Exhibit A is also attached hereto for use by your department. If you haveany questions about how the Immigration Act affects your department, please do not hesitate tocontact my office.

lDBEnclosures

DOCSHSVI204248\l


2/6

October 26, 2011Page 2

c: Honorable Mike Gillespie, Madison County Commission ChairmanHonorable Roger Jones, District One CommissionerHonorable Faye Dyer, District Two CommissionerHonorable Jerry Craig, District Three CommissionerHonorable Dale W. Strong, District Four CommissionerHonorable Phil Riddick, District Five CommissionerHonorable Robert C. Harrison, District Six CommissionerMr. Howard Baites, County Administrator

DOCSHSV\204248\1 \


3/6

EXHIBIT A

CITIZENSHIP DOCUMENTSOne of the following documents, or a legible photocopy, must be presented in order to showUnited States citizenship prior to entering into any transaction with Madison County, exceptwhen applying for a marriage license (See Ala. Laws, Act. No. 2011-535, Section 7; Section 30):

I. Driver's License or Non-Driver ID Card. This card may be issued by Alabama or anotherstate. To be acceptable proof of citizenship, the card must indicate the person providedproof of United States citizenship .2. United States Birth Certificate.3. United States passport indentifying the person and the persons' passport number.

a. If someone presents only the pertinent pages of the passport, that is acceptable.4. United States naturalization documents or the number of the certificate of naturalization.

a. If only the number is provided, the number must be verified with federalgovernment. Please contact the County Attorney's office for assistance if only anaturalization certificate number is provided by the person.5. Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollmentnumber.6. Consular report ofbirth abroad of a United States citizen.7. Certificate of citizenship issued by the United States Citizenship and ImmigrationServices.8. Certification of report of birth issued by the United States Department of State.9. American Indian Card, with KIC classification, issued by the United States Department

of Homeland Security.10. Final adoption decree showing the persons' name and United States birthplace.11. Persons' official United States military record of service showing the persons' place ofbirth in the United States.12. An extract from a United States hospital record of birth created at the time of the persons'birth indicating the persons' place of birth in the United States.13. Other documents or methods of proof of United States citizenship issued by the federalgoverrunent pursuant to the Immigration and Nationality Act of 1952, and amendmentsthereto.

a. If someone presents a document not listed above, please contact the CountyAttorney's office for assistance.

DOCSHSV\20425 1111


4/6

EXHIBIT B

DECLARAnON OF CITIZENSHIP ORLAWFUL PRESENCE

State ofAlabama ))County of Madison )

I, the undersigned, by signing my name below, declare under penal1y of perjury that I am(initialonc):

1. ___ _ An alien lawfully present in the United States ofAmerica; or2. _ ___ A citizen of the United States ofAmerica.

This declaration is provided to comply with Alabama Act No. 2011535, known as the "BeasonHammon Alabama Taxpayer and Citizen Protection Act."

Printed Name:.___ _ ________Date:._ _ _ _ _


5/6

EXHIBIT C

An alien must present one of the fo llowing documents to be presumed to be lawfully present inthe United States:1. A valid, unexpired Alabama driver's license.2. A valid, unexpired Alabama non-driver i l l card.3. A valid tribal enrollment card or other form of tribal identification bearing aphotograph or other biometric identifier.4. Any valid United States federal or state government issued identificationdocwnent bearing a photograph or other biometric identifier, if issued by an entitythat requires proof of lawful presence in the United States before issuance.5. A foreign passport with an unexpired United States Visa and a correspondingstamp or notation by the United States Depaliment of Homeland Securityindicating the bearer's admission to the United States

. 6. A foreign passport issued by a visa waiver country with the corresponding entrystamp and unexpired duration of stay annotation or all 1-94W form issued by theUnited States Department ofHomelaJ.1d Security indicating the bearer's admissionto the United States.

DOCSHSV\204252\ 1


6/6

DECLARATION OF CITIZENSHIP OR LAWFUL PRESENCE

State of Alabama ))County ofMadison )

I, the undersigned, by signing my name below, declare under penalty ofperjmy that I am(initial one):

1. _ ___ An alien lawfully present in the United States ofAmerica; or2. ____ A citizen of the United States ofAmerica.

This declaration is provided to comply with Alabama Act No. 2011-535, known as the "Beason-Hammon Alabama Taxpayer and Citizen Protection Act."

Printed Name:,____ ________Date:,_ ____

Documents

Madison County (Alabama) Attorney - Memo to License Director re HB56 (10/26/11)