Madison County (Alabama) Attorney - Memo to Purchasing Dep't re HB56 (10/26/11)

8/3/2019 Madison County (Alabama) Attorney - Memo to Purchasing Dep't re HB56 (10/26/11)

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MEMORANDU

TO:

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

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 every contract or transactionyour department handles. There are two primary components which affect your department, the"citizenship/lawful presence" component and the "employment verification" component. Bothare addressed separately below.1. The CitizenshiplLawful Presence ComponentBefore entering into any contract with an individual or a general partnership, the followingrequirements must be fulfilled to ensure that individual, or each partner in that generalpartnership, 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:

I. He/she must provide one of the documents listed on Exhibit A to this memo; and2. He/she must initial the applicable line and sign the declaration attached asExhibit B to this memo.

I f an individual claims he/she is not a United States citizen but is, instead, an alien present in theUnited States lawfully, require them to do two things:1. He/she must provide one of the documents listed on Exhibit C to this memo; and

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October 26, 2011Page 2

2. Helshe must initial the applicable line and sign the declaration attached to thi smemo as Exhibit B.

If an individual or general partnership will not comply with these requirements, do not allowthem to contract with Madison County. These requirements do not apply to corporations, limitedliability companies, or limited liability partnerships.Madison County, Alabama is in the process of registering for the Systematic Alien Verificationfor Entitlements Program ("SAVE") which is operated by the United States Department ofHomeland Security. Once Madison County is fully registered, each individual who claimshelshe is an alien lawfully present in the United States must be verified through SAVE. Moreinfomlation regarding SAVE will follow once registration is completed.A non-marked copy ofExhibit B 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.2. The Employment Verification ComponentThe "employment verification" component is not yet in effect. It will become effective onJanuary 1, 2012. The requirements under this component will be in addition to the currentaffidavit used by your department regarding the employment ofunlawfully present aliens.Beginning January 1,2012, before entering into any contract with, or awarding any contract to,an employer that employs one or more employees, Madison County must require the employer tosign an affidavit confirming they do not employ unauthorized aliens and are enrolled in thefederal E-Verify program. A copy of the employer's E-Verify "memorandtUTI oftUlderstanding"must be attached to their affidavit. A copy of this affidavit is attached as Exhibit D. A nonmarked copy is also attached for use by your department beginning January 1,2012.Beginning January 1, 2012, each subcontractor working for a contractor on a contract withMadison County must sign the affidavit attached hereto as Exhibit E before it begins work. Anon-marked copy ofExhibit E is also attached for use by your department beginning January I,2012.These "employment verification" requirements will apply to individuals, general partnerships,corporations, limited liability companies, limited liability partnerships, and any otherorganization or association that employs one or more employees.

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October 26, 20 IIPage 3

If you have any questions about how the Immigration Act affects yonr department, please do nothesitate to contact my office.JDBEnclosuresc: Honorable Mike Gillespie, Madison County Commission ChairmanHonorable Roger Jones, District One COll1ll1issionerHonorable Faye Dyer, District Two COll1ll1issionerHonorable Jerry Craig, District Three CommissionerHonorable Dale W. Strong, District Four CommissionerHonorable Phil Riddick, District Five ConnnissionerHonorable Robert C. Harrison, District Six CommissionerMr. Howard Baites, County Administrator

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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 citi zenship, 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 as sistance if only anaturalization certificate number is provided by the person.5. Bureau of Indian Affairs card number, tribal treaty card number, or tribal emollmentnumber.6. Consular report of birth 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.II. 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 federalgovernment 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.

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EXHIBIT B

DECLARAnON OF CITIZENSHIP OR LAWFUL PRESENCE

State ofAlabama ))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 ofAmerica; or2. _ ____ A citizen of the United States of America.

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:._ _ _ _ _ _


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EXHIBIT C

An alien must present one of the fo llowing documents to be presumed to be lawfully present inthe United States:I. A valid, unexpired Alabama driver's license.2. A valid, unexpired Alabama non-driver ID card.3. A valid tribal emollment card or other form of tribal identification bearing aphotograph or other biometric identifier.4. Any valid United States federal or state government issued identificationdocument 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 Depatiment 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 an 1-94W form issued by theUnited States Department ofHomeland Security indicating the bearer's admission

to the United States.

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DECLARATION OF CITIZENSHIP 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):

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 Purchasing Dep't re HB56 (10/26/11)