Judge bans use of state’s alien list [The Decatur Daily, Ala.]

Nov. 30--County license officials may not ask about the residency status of people applying for mobile home decals and must use a federal system, rather than a list of state-approved documents, when verifying the immigration or residency status of people applying for other types of licenses and permits.

That's following a federal judge's temporary restraining order last week, prohibiting officials from asking residents for citizenship proof when applying for mobile home decals.

Morgan County License Commissioner Sue Baker Roan's office processed 341 mobile home registration applications Monday and Tuesday, and transactions moved quickly because residents did not have to provide proof of citizenship.

"It cut the process time on transactions," said Deputy License Commissioner Helen Hill. "Before if they didn't have proof, we were having to turn them away, but now we can't do that. We cannot ask for proof."

Although U.S. District Court Judge Myron Thompson issued the order Nov. 23, Hill said the office didn't receive it until Monday, after returning to work from the Thanksgiving holiday.

The order came after Thompson heard a case last week that the Central Alabama Fair Housing Center filed against Alabama Revenue Commissioner Julie Magee and Elmore County Probate Judge Jimmy Stubbs.

The restraining order is effective until Dec. 7.

To comply with the state's immigration law, which went into effect in September, the Department of Revenue developed a list of documents, including a valid Alabama driver's license and U.S. birth certificate, acceptable as proof of citizenship.

The list will only be used for Americans to prove citizenship when they register a vehicle or purchase a tag. Immigrants will have to provide a valid driver's license when registering a vehicle to comply with the state's mandatory insurance law.

"Legal status must come from U.S. Citizenship and Immigration Services SAVE (Systematic Alien Verification for Entitlements) program or Homeland Security," Hill said. "This was not a part of the order but instructions for the state Department of Revenue after the restraining order."

The instructions from the department stated: "Until further order is received, you may not seek to verify the citizenship of alien status of applicants for manufactured home registration. You may not refuse to issue the manufactured home decal to any person because that person cannot prove his or her U.S. citizenship or lawful immigration status."

Revenue Commissioner Amanda Scott said the order applies to transactions for manufactured home decals that her office issues.

"We assess the manufactured home and the land it's on. We do not register the homes but we issue decals," Scott said. "No one will be turned away based on their legal status."

Hill said her office has applied for access to the SAVE program and it could be January before approval is granted. Until then, Hill said, no one will be denied service in the office.

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