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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.