This is but a first baby step in striking down the entire law, or a large portion of it. The AG sounds like he has a good head on his shoulders and he's a Republican! Nice to see him follow the letter of the Fed. law as he should. I think the greatest impact of this law will be felt this coming spring/summer season when more crops are left to rot, if they are even planted due to the shortage of immigrant workers.
I couldn't find anything more about the people who are denied utility services without proof of citizenship but that, too, should be blocked for humanitarian reasons.
HUNTSVILLE, Alabama -- In a plainly worded letter last week, Alabama
Attorney General Luther Strange advised government officials across the
state to stop requiring people to demonstrate U.S. citizenship or lawful
immigration status during transactions for things like car tags.
The announcement touches a major and far-reaching area of the Alabama immigration law.
And it is unclear how long that part of the law will be on hold.
Strange
said local governments should not check immigration status until they
establish a relationship with the U.S. government's SAVE program, as
called for in the immigration law. The program offers a computer check
on immigration status when someone wants to enter a government business
transaction.
But so far, of Alabama's 460 incorporated cities and
67 counties, only Pell City is signed up with SAVE, according to the
United States Citizenship and Immigration Services, which runs the
program. And the review process can take months before a local
government or agency is signed up, said spokeswoman Sharon Scheidhauer.
SAVE
participation was a major factor in a recent federal lawsuit that led
to a section of the law being temporarily blocked. The court order may
have also had an impact on Strange's guidance letter.
The lawsuit
was filed in federal court in Montgomery to ensure mobile home tags
could be renewed by people living in Alabama. U.S. District Judge Myron
Thompson found last month that the verification of immigration status
approach used by the Alabama Department of Revenue and the Elmore County
probate judge conflicted with federal law, as they were not verifying
people through SAVE.
Sam Brooke, an attorney for the Southern
Poverty Law Center, and one of the attorneys suing the state to block
the law's implementation, said Strange's order was overdue.
"This
is a big deal for immigrants, but also for all Alabamians, who are no
longer going to have to wait in long lines to get their car tag,
driver's license, etc.," Brooke said. "It is just unfortunate they
didn't issue this guidance months ago, because counties and cities have
been out of compliance with the law for a long time now, for no reason."
But,
despite Strange's letter directing that governments "should not require
anyone to demonstrate their citizenship or lawful presence in the
United States," the law has another, possibly complicating wrinkle.
The
Alabama League of Municipalities issued guidance Friday suggesting that
"individuals still need to declare their citizenship or lawful status
under penalty of perjury."
Lori Lein, a general counsel for the
league, said the law's Section 7, dealing with state or local public
benefits, requires a declaration of citizenship be made.
That
section says if the effort to verify a person's status through SAVE is
delayed or inconclusive, the person can be given the benefit - license,
car tag, etc. - but has to sign a declaration swearing they are here
lawfully. Lein said the declaration is not regarded as burdensome for
local governments, since they are not checking that information for
accuracy.
The SPLC's Brooke said any claim that a declaration is
required is an inaccurate reading of the law and of what a "public
benefit" means.
Strange's letter and a frequently asked questions
section on the Alabama Attorney General's website covering immigration,
don't mention the declaration requirement.
Alabama Revenue
Commissioner Julie Magee advised probate judges and license and tax
officials across the state in a Thursday memo to stop checking
immigration status until they are part of SAVE.
Magee's message was blunt.
"Under
no circumstances is a state or county official or employee to make a
determination as to whether an alien is lawfully present in the United
States," Magee wrote. The memo does not mention a declaration
requirement.
Madison County Attorney Julian Butler said Friday he
is still studying the issue and will advise the Madison County
Commission next week.
Huntsville City Attorney Peter Joffrion said
since Huntsville is still waiting to become part of the SAVE program,
the only people who've been asked to provide a declaration in Huntsville
are U.S. citizens. Joffrion said it is still unclear if the city will
need to require people to swear they are lawfully in the U.S.