./
MEMORANDU
TO:
DATE:
October26,2011
RE:
AlabamaAct 2011-535; The "Immigration Act"As you may have heard, portions
of
Alabama Act 2011-535, commonly knownasthe
"ImmigrationAct,"arenow
in
effect. We believe this lawaffectseverycontract ortransaction
your department handles. There are two primarycomponents whichaffect your department,
the
"citizenship/lawful presence" component and the "employmentverification" component.Both
areaddressed separatelybelow.
1.
The CitizenshiplLawfulPresenceComponentBeforeenteringinto any contract with an individualorageneralpartnership, the following
requirements must be fulfilled
to
ensure that individual,oreachpartner in thatgeneral
partnership,
is
aUnited States citizen or
is
otherwise lawfully present in the UnitedStates:
If
anindividual claimstobeaUnited States citizen, require them
to
do two things:I. He/she must provide one
of
the documents listed
on
ExhibitA to thismemo;and
2.
He/shemustinitial theapplicableline andsign the declarationattachedas
ExhibitB to this memo.
If
an individual claimshe/sheis notaUnited Statescitizenbut is, instead, an alien present in the
United States lawfully,requirethem to
do
two things:
1.
He/she must provide one
of
the documents listed
on
ExhibitC to this memo; and
DO
C
SHSV\204381111
October 26,2011Page 2
2.
Helshe must initial the applicable line and sign the declaration attached to this
memo asExhibit
B.
If
an individual or general partnership will notcomplywith these requirements,
do
notallowthem
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 VerificationforEntitlementsProgram ("SAVE") which
is
operated bytheUnited States Department
of
Homeland 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
of
Exhibit B is also attached hereto for use by your department.
If
youhaveany questions about how the ImmigrationActaffectsyourdepartment, please
do
not hesitate
to
contact
my
office.2.TheEmployment Verification ComponentThe "employmentverification"component
is
not yet in effect.
It
will become effectiveonJanuary
1,
2012.Therequirements under this component will be
in
addition
to
the currentaffidavit used by your department regarding the employment
of
unlawfully present aliens.BeginningJanuary 1,2012, before entering into any contract with, or awarding any contract
to,
an employer thatemploysone or more employees, Madison County must require the employer
to
sign
an
affidavit confirming they
do
notemployunauthorized aliens and areenrolledin the
federal E-Verify program. Acopy
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 alsoattachedfor use byyourdepartment beginning January 1,2012.
Beginning January
1,
2012,eachsubcontractorworkingfor a contractor on a contract with
Madison County must sign the affidavit attached hereto
as
ExhibitEbefore it beginswork.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,generalpartnerships,
corporations,limited liability companies, limited liability partnerships, and any otherorganization orassociation that employs one or more employees.
DOCSHSV\20438111\
October 26, 20
II
Page3
If
youhave any questions about how the Immigration Act affects yonr department, please do nothesitate to contact my office.
JDB
Enclosures
c:
Honorable Mike Gillespie, Madison County Commission ChairmanHonorable Roger Jones, District One
COll1ll1issioner
HonorableFayeDyer, District Two
COll1ll1issioner
Honorable JerryCraig,DistrictThreeCommissioner
Honorable Dale W. Strong, District Four CommissionerHonorable Phil Riddick, District Five ConnnissionerHonorable Robert
C.
Harrison, District SixCommissionerMr. Howard Baites, County Administrator
DOCSHSV\20438l\l\
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Madison County (Alabama) Attorney - Memo to Purchasing Dep't re HB56 (10/26/11)
See http://www.scribd.com/doc/76269767 for a more recent memo that affects this one.
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