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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
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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.
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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),
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