Decatur Utilities now prohibits illegal immigrants from obtaining
electric, gas, water or sewer service, an official said Friday.
Stephen Pirkle, DU business manager and chief financial officer, said
DU previously required residents seeking utilities to provide
identification, but their immigration status was not relevant.
"We did not document or confirm whether or not they were citizens or
aliens here legally," Pirkle said. "Because of the new law, we are now
going through the process to confirm that they are either a citizen or
an alien here legally.
"If not, we will deny them service."
In seeking a ruling that the immigration law was unconstitutional, the
U.S. Department of Justice claimed that Section 30 would prevent
illegal immigrants from obtaining power and water service.
State Attorney General Luther Strange argued in a legal brief he filed
in August that the Justice Department's claim was "misinterpreting, or
at least exaggerating" the requirements of the law.
"Its fear that Section 30 would prohibit such aliens from having
running water or sewer services, for example, has little basis,"
Strange wrote.
Section 30 makes it a felony for illegal immigrants to transact
business with the state or its subdivisions.
In the brief, Strange said many utilities are not subdivisions of the
state and not subject to Section 30.
Pirkle said DU began imposing the requirement in the last two weeks,
but he is not aware that anyone has been denied service based on
immigration status.
He said it is not always clear whether a person is an undocumented
immigrant or simply failed to bring necessary identification to apply
for service.
Pirkle said DU is only requiring documentation of legal immigrant
status for individuals and partnerships beginning new service, adding
an account to existing service or attempting to restore service after
it has been shut off for nonpayment.
"If you're already a customer and you already have service with us —
and there's no discontinuation of service — we don't have to do
anything," Pirkle said.
Section 30 of the Beason-Hammon Alabama Taxpayer and Citizen
Protection Act requires the state and its political subdivisions to
confirm that individuals conducting "business transactions" — which
the law defines to mean "any transaction" — are legally present in the
United States.
The law makes it a felony for a legal resident to enter into a
transaction with the state or its subdivisions on behalf of an
undocumented immigrant.
State Rep. Micky Hammon, R-Decatur, the House sponsor of the law,
applauded DU for taking the step.
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