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Key Parts Of Act 2011-535 Requiring Proof Of
Citizenship Upheld By Judge’s
Ruling September and
October mail notices for tag
renewals contained an additional reminder for Limestone County residents
this month. The mail insert reported that the
Alabama Department of Revenue, Motor Vehicle Division, and Alabama
County Licensing Offices will undergo new business practices in regard to the provisions of Act 2011-535 of the
Alabama Legislature referred to as the Immigration Act.
Section 30 of the new law prohibits an
alien not lawfully present in the United States from entering into a
business transaction with the State and it also prohibits any person
from entering a business transaction on behalf of an alien not lawfully
present in the United States.
The term “business transaction” includes,
but is not limited to, applying for or renewing a motor vehicle license
plate, applying for or replacing a certificate of title. The law will
also impact applying for or renewing a business license by an individual
or partnership.
Court Ordered
Stay
From Implementing The New Law Is Expired
U.S. District Judge Sharon Blackburn blocked the implementation of the
new law until she ruled on whether parts or
all of the new law are constitutional. The court ordered stay
was lifted September 28
when key provisions of the law were upheld.
With the expiration of the Judge's stay, the conditions of Act 2011-535
are now in effect.
Proof Documents For
Citizenship
Any person attempting to register a motor vehicle, for the first
time or renewing, or apply for a certificate of title must prove his or
her United States citizenship. If the person is an alien, he or she must
demonstrate that he or she has lawful presence in the United States.
Corporations, LLCs and LLPs are not required to submit this
documentation.
In order to process online renewals or regular mail renewals,
individual and each joint owner will be required to provide a copy of
any of the designated proof documents. Renewing by mail will
continue in Limestone County if the new law should go in effect
following the court ruling. Then each applicant must prove U. S.
citizenship prior to registering their vehicle or applying for a vehicle
title by submitting one of the documents (or a legible photocopy of one
of the documents) shown below:
1. Driver’s license or nondriver identification card issued by
the Alabama Department of Public Safety (DPS). The driver’s license or nondriver
identification card must be valid which means unexpired.
ALVerify will benefit vehicle owners renewing by
regular mail or online. The key items required from the DPS driver license is
last name, license number and license expiration date.
The
new law states that a driver’s license or nondriver identification card
issued by another State will not be acceptable unless there is language
printed on the license or identification card, by the issuing
jurisdiction that indicates that the person has provided satisfactory
proof of United States citizenship.
2. U.S. birth certificate.
3. Valid or expired passport identifying the applicant and the
applicant’s passport number.
4. Naturalization documents or the number of the certificate of
naturalization.
5. Proof issued by the federal government pursuant to the
Immigration and Nationality Act of 1952.
6. Bureau of Indian Affairs card number, tribal treaty card
number or tribal enrollment number.
7. Consular report of birth abroad of a citizen of the U.S.
8. Certificate of citizenship issued by the U.S. Citizenship and
Immigration Services.
9. Certification of report of birth issued by the U.S.
Department of State.
10. American Indian card, with KIC classification, issued by the
U. S. Department of Homeland Security.
11. Final adoption decree showing the applicant’s name and U.S.
birthplace.
12. Official U.S. military record of service with the applicant’s
place of birth in the U.S.
13. An extract from a U.S. hospital record of birth created at the
time of the applicant’s birth indicating the applicant’s place of birth
in the U.S.
Plan
Ahead
September through November
is the busiest time for vehicle registrations throughout all Alabama county
licensing offices. If you have a privately-owned
vehicle that is subject to renewal this fall, be sure that each owner or co-owner
provides a valid and unexpired DPS card. If the vehicle owner does
not have a valid and unexpired Alabama driver license, then a U.S. birth certificate
or U.S. passport may be provided. |