.

MEMORANDU

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 every contract or transaction your department handles. There are two primary components which affect your department, the "citizenship/lawful presence" component and the "employment verification" component. Both are addressed separately below. 1. The CitizenshiplLawful Presence Component

Before entering into any contract with an individual or a general partnership, the following requirements must be fulfilled to ensure that individual, or each partner in that general partnership, 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. 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:

1.

He/she must provide one of the documents listed on Exhibit C to this memo; and

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October 26, 2011 Page 2

2.

Helshe must initial the applicable line and sign the declaration attached to this memo as Exhibit B.

If an individual or general partnership will not comply with these requirements, do not allow them to contract with Madison County. These requirements do not apply to corporations, limited liability companies, or limited liability partnerships. 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 County is fully registered, each individual who claims helshe is an alien lawfully present in the United States must be verified through SAVE. More infomlation 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. 2. The Employment Verification Component

The "employment verification" component is not yet in effect. It will become effective on January 1, 2012. The requirements under this component will be in addition to the current affidavit used by your department regarding the employment of unlawfully 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 to sign an affidavit confirming they do not employ unauthorized aliens and are enrolled in the federal 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 with Madison County must sign the affidavit attached hereto as Exhibit E before it begins work. A non-marked copy of Exhibit 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 other organization or association that employs one or more employees.

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If you have any questions about how the Immigration Act affects yonr department, please do not hesitate to contact my office.

JDB Enclosures

c:

Honorable Mike Gillespie, Madison County Commission Chairman Honorable Roger Jones, District One COll1ll1issioner Honorable Faye Dyer, District Two COll1ll1issioner Honorable Jerry Craig, District Three Commissioner Honorable Dale W. Strong, District Four Commissioner Honorable Phil Riddick, District Five Connnissioner Honorable Robert C. Harrison, District Six Commissioner Mr. Howard Baites, County 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 ID Card. This card may be issued by Alabama or another state. To be acceptable proof of citi zenship, 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 emollment 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. II. Persons' official United States military record of service showing the persons' place of birth in the United States. 12. An extract fro m 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 government 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.

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EXHIBIT B

DECLARAnON OF CITIZENSHIP 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): _ __ __ An alien lawfully present in the United States of America; or _ _ _ __ A citizen of the United States of America.

1. 2.

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 fo llowing 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 ID card. A valid tribal emollment 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 Depatiment 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.

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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): _ _ _ _ An alien lawfully present in the United States of America; or _ _ __ A citizen of the United States of America.

1.

2.

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:,_ _ _ _ __