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Office of Planning, Environment, & Realty (HEP)

Memorandum: Illegal Aliens and the Uniform Act August 9, 1999

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U.S. Department of Transportation

Federal Highway Administration

Subject: INFORMATION: Illegal Aliens and the Uniform Act Date: August 9, 1999
From: Susan B. Lauffer
Director, Office of Real Estate Services
Reply to
Attn. of:
To: Division Administrators
Federal Lands Highway Division Engineers

ATTN: Right-of-Way Specialists


The passage of the November 1997 amendments concerned the ineligibility of aliens not lawfully present in the United States for payments and assistance under the Uniform Act. We have received numerous questions about the meaning of the law and its February, 1999 implementing regulation.

The Office of Real Estate Services has developed a series of Q&A's responding to these questions. We have attached a copy of the Q&A's as well as copies of sample Certification forms we recently distributed. We prepared the forms in reponse to requests from several States at the recent AASHTO right-of-way meeting in Colorado Springs, Colorado. Please note that the forms are intended as samples only and are neither guidance nor required by FHWA.

Our answers to the question discussed in the attached Q&A's have been coordinated with the Immigration and Naturalization Service and with our Office of Chief Counsel.

If you have questions or comments concerning the Q&A's (or the sample certification forms), please contact Marshall Schy at 202-366-2035; or Ron Fannin at 202-366-2042;

/signed by Susan B. Lauffer /


Updated: 9/5/2014
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