Madison County (Alabama) Attorney - Memo to Probate Judge re HB56 (10/26/11)

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

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MEMORAND,-,.,,,,,t_., County Attorney

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 document recording in theProbate office and land redemption. The Immigration Act specifically exempts the issuance ofmarriage licenses, so the process by which your office issues marriage licenses should not bealtered to comply with the Immigration Act.Before recording documents for, or redeeming property to, an individual, celtain measures mustbe taken to ensure that individual is a United States citizen or is otherwise lawfully present in theUnited States. Before recording documents for, or redeeming property to, a general partnership,the same measures must be taken to ensure each partner is either a United States citizen or isotherwise lawfully present in the United States.If an individual claims to be a United States citizen, require them to do two things:

1. 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 as ExhibitB to this memo.

If 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; and2. He/she must initial the applicable line and sign the declaration attached to thismemo as Exhibit B.

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October 26, 2011Page 2If an individual or general partnership refuses to comply with these requirements, do not allowthat individual or general partnership to record documents in the Probate office or redeem land.If an individual or general partnership mails in a document to be recorded, do not record thatdocument unless they have also mailed in a legible photocopy of one of the documents listed onExhibit A or Exhibit C and an initialed and signed copy ofExhibit B.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. Once Madison County is fully registered, each individual who claimshe/she is an alien lawfully present in the United States must be verified through SAVE. Moreinformation regarding SAVE will follow once registration is completed.A non-marked copy of Exhibit B is also attached hereto for use by your office. If you have anyquestions about how the Immigration Act affects your office, please do not hesitate to contactme.

JDB/mnEnclosuresc: Mike Gillespie, ChairmanHonorable Mike Gillespie, Madison County CommissionChairmanHonorable Roger Jones, District One CommissionerHonorable Faye Dyer, District Two Commissioner

Honorable 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

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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 10 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 eurollmentnumber.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.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 federalgoverurnent 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

DECLARATION OF CITlZENSIDP OR LAWFUL PRESENCE

State ofAlabama ))County ofMadison )

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 ofAmerica.- ---

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

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


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EXHIBIT C

An alien must present one of the following 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 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 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 Depmiment 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 of Homeland Security indicating the bearer's admissionto the United States.

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DECLARATION OF CITIZENSIllP 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."

PrintedName:,____ _ ____ ___Date:,_ ____

Madison County (Alabama) Attorney - Memo to Probate Judge re HB56 (10/26/11)

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