Kent County Clerk sued over failing to grant marriage licenses to illegal immigrants

By Kyla King The Grand Rapids Press
March 31, 2010, 9:00AM

Attorneys for two unnamed West Michigan couples were to file a class action lawsuit in federal court today, claiming the Kent County clerk is violating civil rights by not granting marriage licenses to illegal immigrants who don't have a Social Security number.

The suit, being filed in U.S. District Court in Grand Rapids, says Clerk Mary Hollinrake is breaking state and federal laws by requiring people who apply for marriage licenses but don't have a Social Security number to prove they qualify for two specific exemptions.

It asks a judge to order her to stop and seeks monetary damages and attorney fees.

"This is contrary to the constitution of the United States and Michigan and discriminatory in that it has an effect of discriminating against a large group of the Hispanic community in Kent County," said Robert Alvarez, and attorney from Wyoming whose firm has partnered with a Southfield law office.

Alvarez said he is filing the suit on behalf of two local couples, who are using pseudonyms to protect their identity because two of the four people are here illegally and fear deportation.

The complaint identifies one couple as Juan Doe, a U.S. citizen, and Maria Doe, a citizen of Mexico who lives in Grand Rapids and is ineligible for a Social Security number. The couple -- who have lived together since 2005 and have two children -- say Hollinrake's office denied them a marriage license when Maria was unable to sign a sworn affidavit and provide documentation saying she was exempt from providing a Social Security number under one the two acceptable answers listed.

The second couple is identified as Andrea Doe, a U.S. citizen who lives in Wyoming, and Noe Doe, a Mexican citizen who lives in Grand Rapids and is ineligible for a Social Security number. The couple have been together since 2000 and had to cancel plans to be married at a local church after being denied a marriage license.

affidavit for not providing SS on marriage license in Kent County.jpgView full sizeAffidavit for not providing a Social Security number on an application for a marriage license in Kent County.The suit says Andrea Doe spoke directly with Hollinrake to explain that her fiance, Noe, did not have a Social Security number because of his lack of legal status and was told that was not a sufficient "legal reason" to qualify for an exemption.

When reached Tuesday, Hollinrake said she could not specifically comment on the lawsuit because she had not seen a copy of it. She said her policy is based on federal law, which says each state must require county clerks to collect Social Security numbers on marriage license applications.

County clerks have been collecting the numbers since 2005, when the federal government decided to enforce a little-known law that requires it on marriage license applications in case they are needed to collect child support payments.

Hollinrake's office -- and others throughout the state -- require applicants without a Social Security number to sign a document swearing they do not possess one.

The affidavit Hollinrake uses allows applicants to claim only two exemptions. One is a religious exemption, such as being a member of some Amish and Old Order Mennonite communities that are not issued Social Security cards. The other is listed as a "legal exemption," with examples such as a "citizen of another country with student or finance visa, etc. or other visa, or in the process of becoming a U.S. citizen, for example."

Hollinrake said the document was reviewed and authorized by Kent County attorneys.

"The only time I am not obligated to collect a Social Security number is when they have a religious reason or the other legal exemption," Hollinrake said.

Hollinrake said she would not interpret the lack of legal status as a "legal reason" and has turned down applications because of that.

"We would not accept that because it isn't even logical to write that down as a legal exemption," Hollinrake said.

Alvarez believes this practice is illegally followed to some degree by clerks throughout the state but said it has been difficult to find plaintiffs willing to file suit because of fears of deportation. The suit was filed in Kent County against Hollinrake because the plaintiffs are local, he said.

The issue has been controversial since 2007 with proponents of strict immigration laws.

In 2008, at the request of Republican Sen. Wayne Kuipers of Holland, Michigan Attorney General Mike Cox issue an opinion on the matter. It said a clerk may issue a marriage license to applicants willing to swear they do not have a Social Security number and that county clerks are not authorized to investigate the underlying reason.

Hollinrake said Cox's opinion uses the word "may," while federal law says a clerk "shall" collect the Social Security number.

"I try to follow the law as closely as I can," she said.


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