§ 31-13-29 — Limitations on Public Records Transactions Conducted by Unauthorized Aliens

Alabama § 31-13-29

• Jurisdiction: Alabama
• Title 31: Military Affairs and Civil Defense
• Ch. 13: Illegal Immigration

Text

(a) For the purposes of this section, public records transaction means applying for or renewing a motor vehicle license plate, applying for or renewing a driver’s license or nondriver identification card, applying for or renewing a business license, applying for or renewing a commercial license, or applying for or renewing a professional license. Public records transaction does not include applying for a marriage license, any transaction relating to housing under Title 24 or the ownership of real property, including the payment of property taxes, or the payment of any other tax to the state or a political subdivision thereof, or any other transaction.
(b) An alien not lawfully present in the United States shall not enter into or attempt to enter into a public records transaction with the state or a political subdivision of the state and no person shall enter into a public records transaction or attempt to enter into a public records transaction on behalf of an alien not lawfully present in the United States.
(c)(1) Any person entering into a public records transaction or attempting to enter into a public records transaction with this state or a political subdivision of this state shall be required to demonstrate his or her United States citizenship, as provided in subsection (g), or his or her lawful presence in the United States, as provided in subdivision (10) of Section 31-13-3. An alien’s lawful presence in the United States may be verified through the Systematic Alien Verification for Entitlements program operated by the Department of Homeland Security, or by other verification with the Department of Homeland Security pursuant to 8 U.S.C. §1373(c).
(2)a. A citizen shall not be required to demonstrate citizenship for subsequent public records transactions after an initial verification of citizenship is made.
b. An alien demonstrating lawful permanent residence in the United States by the presentation of proper documentation proving that the alien is a lawfully permanent resident in the United States shall not be required to demonstrate lawful status for subsequent public records transactions after an initial verification is made.
(d) A violation of this section by an alien not lawfully present or by a person knowingly acting on behalf of an alien not lawfully present is a Class C felony.
(e) An agency of this state or a county, city, town, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 1901.
(f) 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.
(g) A person’s United States citizenship may be demonstrated or confirmed by any one of, or a legible photocopy or a copy in a digital or other electronic format of one of, the following documents:
(1) A driver’s license or nondriver’s identification card issued by the Alabama State Law Enforcement Agency or the equivalent governmental agency of another state within the United States, provided that the governmental agency of another state within the United States requires proof of lawful presence in the United States as a condition of issuance of the driver’s license or nondriver’s identification card.
(2) A birth certificate indicating birth in the United States or one of its territories.
(3) Pertinent pages of a United States valid or expired passport identifying the person and the person’s passport number, or the person’s United States passport.
(4) United States naturalization documents or the number of the certificate of naturalization.
(5) Other documents or methods of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act of 1952, as amended.
(6) Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.
(7) A consular report of birth abroad of a citizen of the United States of America.
(8) A certificate of citizenship issued by the United States Citizenship and Immigration Services.
(9) A certification of report of birth issued by the United States Department of State.
(10) An American Indian card, with KIC classification, issued by the United States Department of Homeland Security.
(11) Final adoption decree showing the person’s name and United States birthplace.
(12) An official United States military record of service showing the applicant’s place of birth in the United States.
(13) An extract from a United States hospital record of birth created at the time of the person’s birth indicating the place of birth in the United States.
(14) AL-verify.
(15) A valid Uniformed Services Privileges and Identification Card.
(16) Any other form of identification that the Alabama Department of Revenue authorizes, through an administrative rule promulgated pursuant to the Alabama Administrative Procedure Act, to be used to demonstrate or confirm a person’s United States citizenship or lawful presence in the United States, provided that the identification requires proof of lawful presence in the United States as a condition of issuance.
(h) If the state or a political subdivision thereof is notified by the federal government that a person is an alien unlawfully present in the United States, the person’s motor vehicle license plate, driver’s license, nondriver identification card, business license, professional license, or commercial license shall, should they exist, be immediately revoked or rescinded by the appropriate authorities and shall not be reinstated until the state or a political subdivision thereof is notified by the federal government that the person is an alien lawfully present in the United States.

Legislative History

(Act 2011-535, p. 888, §30; Act 2012-491, p. 1410, §1.)