Thread: Huntsville,Madison County stop government immigration checks

Huntsville, Madison County stop government immigration checks, AG offers guidance on law

Published: Sunday, December 11, 2011, 9:38 AM Updated: Sunday, December 11, 2011, 9:44 AM
By Brian Lawson, The Huntsville Times


Alabama Attorney General Luther Strange meets with The Huntsville Times Editorial Board Thursday May 26, 2011. (The Huntsville Times/Robin Conn)

HUNTSVILLE, Alabama -- Attorneys for Huntsville and Madison County this week told local government officials to stop checking immigration status during transactions until local agencies can join a federal immigration database.

The directives follow state Attorney General Luther Strange's advice to local governments to stop the status checks required under Alabama's immigration law until local agencies are enrolled in the SAVE program. His advice does not apply to law enforcement activities.

Strange is also advising the section of the law on "government business transactions" covers drivers licenses, car tags and business and professional licenses, but not services such as water, sewer, power, food and health care.

The attorney general also found the transactions section has nothing to do with the court system, including access to courts and attorneys.

Alabama Gov. Robert Bentley and top legislative leaders said Friday they plan to make some changes to the law, but stopped short of providing details. Bentley, Alabama House Speaker Mike Hubbard, R-Auburn, and Senate President Pro Tem Del Marsh, R-Anniston, also stressed they would not weaken the law.

In a separate memo recommending changes to the law, Strange suggested amending Section 30 to clarify "business transaction" and recommended lawmakers list what license transactions require a status check.

Because the law only lists a few types of transactions, there was some confusion in local governments about what services required immigration checks. Reports around the state found the law being broadly interpreted, but Strange said that should not be the case.

Law problematic

"Similarly, while some have suggested that even a definition of 'business transaction' that is limited to licensing could include such matters as parking at a meter or using a city swimming pool," Strange wrote, "these examples are sufficiently far removed from the formality of registering a vehicle, obtaining a driver's license or nondriver identification card, or acquiring a business or professional license to be beyond the scope of Section 30."

Mary Bauer, legal director of the Southern Poverty Law Center in Montgomery, which is among the groups representing 36 plaintiffs suing to block the law, said Strange's advice is a positive step, but the law has already caused numerous problems.

"Unfortunately, this guidance comes pretty late in the game, and many government agencies have already adopted policies and practices that deny people basic services, including water, and many of them have not changed those practices since the attorney general issued this guidance," Bauer said. "So, we're concerned that this guidance is simply too little, too late in the real world."

Madison County Attorney Julian Butler said he issued a directive Monday afternoon informing county government officials not to require anyone to prove their immigration status.

County must use SAVE

Butler's letter said Strange's view is a county may not inquire about immigration status until it is registered with the SAVE program.

The SAVE program provides immigration status information about noncitizens lawfully in the U.S., but the registration process can take months, federal immigration officials said.

Pell City is the only local government in the state registered with SAVE, according to federal records.

Butler said it is unclear how long it will take for the county and its departments to become part of SAVE.

To join SAVE, "We're required to tell the federal government how many non-U.S. citizens each of these people encounter," he said, "which is absolutely impossible. (License Director) Mark Craig doesn't know how many people applying for driver's licenses are legally in the United States, but not U.S. citizens."

Huntsville issued similar guidance Friday, said City Attorney Peter Joffrion.

The pullback from checking immigration status follows a federal judge's injunction in a lawsuit in Montgomery over renewal of mobile home tags.

U.S. District Judge Myron Thompson found state and county officials' use of something other than SAVE to check immigration status was outside the law.

http://blog.al.com/breaking/2011/12/hun ... _stop.html

Systematic Alien Verification for Entitlements (SAVE) Program

The SAVE Program

Eligibility

The SAVE Program is an inter-governmental initiative designed to aid benefit-granting agencies in determining an applicant's immigration status, and thereby ensure that only entitled applicants receive federal, state, or local public benefits and licenses. The Program is an information service for benefit-issuing agencies, institutions, licensing bureaus, and other governmental entities.

It is important to note that:

The SAVE Program does not make determinations on any applicant's eligibility for a specific benefit or license.

The SAVE Program does not verify status for employment. If you wish to verify the status of a new employee, please visit "E-Verify Employment Verification Program" by following the link on the right side of this page.
Benefits

The benefits of using the SAVE Program include:

Accessing immigration status information contained in the Department of Homeland Security databases, which includes information on over 100 million records.

Determining the immigration status of benefit applicants, and thereby ensure that only entitled applicants receive federal, state, or local public benefits and licenses.

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Contact SAVE

USCIS Verification Programs Contact Center 1-877-469-2563
SAVE Technical Helpline 1-800-741-5023
E-mail Address SAVE.HELP@dhs.gov
Form G-845 Please see "Forms" for mailing information.

Last updated: 11/08/2011

http://www.uscis.gov/portal/site/uscis/ ... 18190aRCRD