Madison County (Alabama) Attorney - Memo to County Departments Re HB56 (12/5/11)

8/3/2019 Madison County (Alabama) Attorney - Memo to County Departments Re HB56 (12/5/11)

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M E M O R A N D ~

TO:

Honorable Jerry

Honorable Dale mmissioner, District 4

Honorable Bob Harrison, Commissioner, District 6

Honorable Mark Craig, License Director

Honorable Tommy Ragland, Probate Judge

Honorable Lynda Hall, Tax Collector

Honorable Blake Doming, Sheriff

Honorable Fran Hamilton, Tax Assessor

Angela Anderson, Director, Purchasing Department

Matthew Danner, Director, Building Inspection

Anne W. Burkett, Director, Planning and Economic Development

Richard Grace, Director, Public Works

John Morring, Director, Waste Control and Recycling

Fritz Mucke, Director, Water Department

Mike Fritz, Director, Animal Control

DATE: December 5, 2011

RE: Alabama Act 2011-535; The "Immigration Act"

On December 1, 2011, Luther Strange, the Attorney General of the State of Alabama, issued a

document entitled "Guidance Letter from the Alabama Attorney General, No. 2011-01," a copy

DOCSHSV\205275\1\



December 5, 2011

Page 2

of which is attached for your convenient reference. This guidance letter addresses the

implementation of Alabama's new "Immigration Act."

Under the Attorney General's guidance letter, a county may not attempt to verify either UnitedStates citizenship or the immigration status of individuals before completing any transaction with

that individual until it is emolled in the federal Systematic Alien Verification for Entitlements

("SAVE") program. Madison County's registration in the SAVE program is not complete due to

the complexity of the information required by the Federal Government.

As a result, do not require anyone to prove their United States citizenship or immigration status

under the Immigration Act until you receive notice that Madison County is emolled in the SAVE

program. Once Madison County is registered, you will be notified and will receive instructions

on how to proceed in compliance with the Immigration Act.

Please do not hesitate to contact my office if you have any questions.

JDB/mn

Enclosure

Honorable Mike Gillespie, Chairman, Madison County Commission

Honorable Roger Jones, District One Commissioner

Honorable Faye Dyer, District Two Commissioner

Honorable JeITY Craig, District Three Commissioner

Honorable Dale W. Strong, District Four Commissioner

Honorable Phil Riddick, District Five CommissionerHonorable Robert C. Harrison, District Six Commissioner

Mr. Howard Baites, County Administrator

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LUTHER STRANGEATTORNEY GENERAL

STATE OF A L ABAMA

O F F I C E O F T H E A T T O R N E Y G E N E R A L

December I, 20 II

501 WASHINGTON AVENUE

MONTGOMERY, AL 36130

(334) 242·7300WWW.AGO.ALABAMA.GOV

GUIDANCE LETTER FROM THE ALABAMA ATTORNEY GENERAL, No.

2011-01

SUBJECTS/KEY WORDS: Act No . 2011-535; Beason-Hammon Alabama Taxpayer

and Citizen Protection Act; Immigration; Section 30; Business Transaction;

Verification of Alien's Immigration Status; Implementation

This Guidance addresses the implementation of Sections 30(c) and (f) of

Act No. 2011-535 in light of th e federal government's refusal or delay to verify

an alien's immigration status. As mandated by Sections 30(c) and (f), State and

local officials can determine an alien's immigration status only through

verification with the federal government through either th e Systematic Alien

Verification fo r Entitlements ("SAVE") program or some other verification with

th e U.S. Department of Homeland Security pursuant to 8 U.S.C. § 1373(c).

Until a State entity or political subdivision establishes a protocol with th e

federal government fo r the SAVE program or fo r some other verification with

th e U.S. Department of Homeland Security pursuant to 8 U.S.C. § 1373(c), the

State entity or political subdivision cannot implement Sections 30(c) and (f). I

SECTION 30

Section 30 makes it a Class C felony fo r an illegal alien to enter into, or

attempt to enter into, a business transaction with the State or a political

subdivision of the State. Act No. 2011-535, § 30. Section 30 also makes it a

Class C felony for a person to enter into, or attempt to enter into, such a

business transaction on behalf of an illegal alien. Id. A person entering into, or

attempting to enter into, a business transaction with the State or a politicalsubdivision of the State is required to demonstrate- to the official or employee

conducting the business transaction on behalf of the State or th e political

subdivision-either (I) his or her United States citizenship or (2) if he or she is

an alien, hi s or her lawful presence in the United States. Id.

I Sections 30(a), (b), (d), and (e) are implemented.



GUIDANCE LETTER, No. 2011-01

Page 2

Section 30(c) provides:

ANALYSIS

Any person entering into a business transaction orattempting to enter into a business transaction with this state or a

political subdivision of this state shall be required to demonstrate

his or her United States citizenship, or if he or she is an alien, his

or her lawful presence in the United States to the person conducting

th e business transaction on behalf of this state or a political

subdivision of this state. United States citizenship shall be

demonstrated by presentation of on e of the documents listed in

Section 29(k). An alien's lawful presence in the United States shall

be demonstrated by this state's or a political subdivision of this

state's verification of th e alien's lawful presence through the

Systematic Alien Verification for Entitlements program operated by

th e [U.S.] Department of Homeland Security, or by other

verification with the [U.S.] Department of Homeland Security

pursuant to 8 U.S.C. § 1373(c).

Section 30(f) provides:

In the enforcement of this section, an alien's immigration

status shall be determined by verification of the alien's immigration

status with the federal government pursuant to 8 U.S.C. § 1373(c).

An official of this state or political subdivision of this state shall

not attempt to independently make a final determination of whether

an alien is lawfully present in the United States.

Section 30 does not authorize State or local officials to make a

determination of an alien's immigration status, and, in fact, expressly forbids

it . As emphasized repeatedly throughout Act No. 2011-535, only the federal

government may make a determination as to an alien's immigration status.

Accordingly, under no circumstances is a State or local official or employee

allowed to make a determination as to whether an alien is lawfully present in th e

United States. An alien may be denied the right to proceed with a business

transaction with the State or a political subdivision only on the basis of a

federal determination that the alien is unlawfully present.

CONCLUSION

Until a State entity or political subdivision establishes a protocol with the

federal government fo r th e SAVE program or for some other verification with

th e U.S. Department of Homeland Security pursuant to 8 U.S.C. § 1373(c), the

State entity or political subdivision cannot implement Sections 30(c) and (f),



Madison County (Alabama) Attorney - Memo to County Departments Re HB56 (12/5/11)

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