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MEMORA

TO:

DATE:

October 26,2011 Alabama Act 2011-535; The "Immigration Act"

RE:

As you may have heard, portions of Alabama Act 2011-535, commonly known as the "Immigration Act," are now in effect. We believe this law affects your department's issuance of permits and certificates of occupancy. Before issuing any permit or certificate of occupancy to an individual, certain measures must be taken to ensure that individual is a United States citizen or is otherwise lawfully present in the United States. Before issuing any permit or certificate of occupancy to a general partnership, the same measures must be taken to ensure each partner is a United States citizen or is otherwise lawfully present in the United States. If an individual claims to be a United States citizen, require them to do two things:

1.
2.

He/she must provide one of the documents listed on Exhibit A to this memo; and He/she must initial the applicable line and sign the declaration attached as Exhibit B to this memo.

If an individual claims he/she is not a United States citizen but is, instead, an alien present in the United States lawfully, require them to do two things:

l.

He/she must provide one of the documents listed on Exhibit C to this memo; and He/she must initial the applicable line and sign the declaration attached to this memo as Exhibit B.

2.

If an individual or general partnership will not comply with these requirements, do not issue

them the permit Of certificate of occupancy. These requirements do not apply to corporations, limited liability companies, or limited liability partnerships.

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October 26, 2011 Page 2

Madison County, Alabama is in the process of registering for the Systematic Alien Verification for Entitlements Program ("SAVE") which is operated by the United States Department of Homeland Security. Once Madison COWIty is fully registered, each individual who claims he/she is an alien lawfully present in the United States must be verified through SAVE. More information regarding SAVE will follow once registration is completed. A non-marked copy of Exhibit B is also attached hereto for use by your department. If you have any questions about how the Immigration Act affects your department, please do not hesitate to contact my office.

1DB/run Enclosures

c:

Mike Gillespie, Chairman Honorable Roger Jones, District One Commissioner Honorable Faye Dyer, District Two Commissioner Honorable Jerry Craig, District Three Commissioner Honorable Dale W. Strong, District Four Commissioner Honorable Phil Riddick, District Five Commissioner Honorable Robert C. Harrison, District Six Commissioner Mr. Howard Baites, COWlty Administrator

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EXHIBIT A

CITIZENSHIP DOCUMENTS

One of the following documents, or a legible photocopy, must be presented in order to show United States citizenship prior to entering into any transaction with Madison County, except when applying for a marriage license (See Ala. Laws, Act. No. 2011-535, Section 7; Section 30): I. Driver's License or Non-Driver 10 Card. This card may be' issued by Alabama or another state. To be acceptable proof of citizenship, the card must indicate the person provided proof 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 federal government. Please contact the County Attorney's office for assistance if only a naturalization certificate number is provided by the person. 5. Bureau of Indian Affairs card number, tribal treaty card number, or tribal eurollment number. 6. Consular report of birth abroad of a United States citizen. 7. Certificate of citizenship issued by the United States Citizenship and Immigration Services. 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 of birth 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 federal goverurnent pursuant to the Immigration and Nationality Act of 1952, and amendments thereto. a. If someone presents a document not listed above, please contact the County Attorney's office for assistance.

DOCSHSV\20425 III I

EXHIBIT B

DECLARATION OF CITlZENSIDP OR LAWFUL PRESENCE State of Alabama ) ) County of Madison )


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

1.

_ _ __

An alien lawfully present in the United States of America; or

2.

- - --

A citizen of the United States of America.

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

Printed Name: _ __ _ _ __ _ __ _ __ Date:_ _ _ _ _ _

EXHIBIT C
An alien must present one of the following documents to be presumed to be lawfully present in the United States: I. 2. 3. 4. A valid, unexpired Alabama driver's license. A valid, unexpired Alabama non-driver ill card. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Depmiment of Homeland Security indicating the bearer's admission to the United States. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an 1-94W form issued by the United States Department of Homeland Security indicating the bearer's admission to the United States.

5.

6.

DOCSHSVI204252\ 1\

DECLARATION OF CITIZENSIllP OR LAWFUL PRESENCE State of Alabama )


)

County of Madison )
I, the undersigned, by signing my name below, declare under penalty ofperjmy that I am (initial one): _ _ _ _ An alien lawfully present in the United States of America; or

1.

2.

_ _ __

A citizen of the United States of America.

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

Printed Name:, _ _ __ _ _ _ __ _ _ __ Date:,_ _ _ _ __