International Assistance Project of Alabama, Inc.

    IAPA was founded in 1992 to help Alabama's international residents and is celebrating its 10th anniversary this year.  IAPA was organized by busy people who were already volunteers in their communities with other organizations, but saw the need to reach out to Alabama's new international residents.  Administration is located in Montgomery, Alabama, but IAPA has volunteers all over the state.  IAPA was established as a nonprofit, publicly supported, tax-exempt, § 501(c)(3) organization. It is a statewide network of volunteers without an office, and without a paid staff. IAPA's volunteers stay in close touch with one another, day by day, and often work very quickly to provide emergency help to Alabama's new international residents.

News

Alabama continues to discriminate against foreign nationals

    State driver license rules flawed and unworkable

   The Alabama Department of Public Safety (DPS) announced that revised driver's license rules went into effect on May 17.  The Legislative Oversight Council met on May 18 to consider objections to the rules by a lawyers' subcommittee of the American Immigration Lawyers Association (AILA).  Lobbyists and DPS lawyers said there was nothing wrong with the rules and that DPS employees can be trained to enforce federal immigration laws.  The Council passed the revised driver's license regulations.
    Although the revised regulations contained many changes recommended by the AILA subcommittee, DPS continues to discriminate against legally present foreign nationals on a daily basis, particularly adjustment of status applicants for the "green card."
    "We will continue to do our best to persuade DPS that its driver's license rules are unworkable and unenforceable in that they are too complicated, too full of errors and discriminate against legally present foreign nationals in Alabama," said Campbell.  "We will persevere until the problem is solved once and for all.
    "The word is out about Alabama -- not only across the United States, but around the world.  Foreign nationals -- doctors, engineers, multinational executives and their families -- tell me they are not moving to Alabama or they are telling their friends and colleagues not to come to Alabama because they cannot get a driver's license.  This is very bad for business and state economic development, in my opinion, and it makes our state government look ignorant and inept.  Bottom line:  The state of Alabama has no business in the immigration business.  We have a federal Department of Homeland Security to handle that."
    On April 26, 2004, a lawsuit was filed against DPS by eight plantiffs seeking to force DPS to allow them take the driver's license exam and test.  All eight plaintiffs are foreign nationals legally residing in Alabama.  In all cases the plaintiffs are present with the authorization of the Department of Homeland Security (DHA), and have valid Social Security numbers.  Except for two minor children, all plaintiffs have employment authorization from DHS.
    The lawsuit asks the U.S. District Court for the Middle District of Alabama for injunctive relief to prevent DPS from continuing to discriminate against foreign nationals in Alabama on the basis of national origin.  Legally present foreign nationals in Alabama have the documents from appropriate federal agencies to prove it, and all they want is a driver's license so they can drive to work or the hospital, or the grocery store.  But DPS is routinely denying these people the opportunity to take the Alabama driver's license test in violation of both the United States Constitution and the Alabama Constitution.
    Articles about the federal lawsuit have appeared in Alabama newspapers and on the wires of the Associated Press.  IAPA legal director Boyd Campbell has been widely quoted in these articles and he has been a guest on two Birmingham radio stations -- WAPI-AM Radio (the "Richard Dixon Show"), May 4, and WYDE-FM Radio (the "Matt Murphy Show"), April 30 -- and has been interviewed by various newspapers, including The Los Angeles Times.
    IAPA continues to oppose band-aid fixes that do not fix this problem:  The State of Alabama is discriminating against legally present foreign nationals who reside in Alabama because DPS refuses to allow these people to apply for a driver's license.
    Today, Alabama has the distinction of being the only state in the United States that consistently discriminates against legally present foreign nationals based upon national origin and denies a driver license to these legally present foreign nationals and "green card" applicants.
 
Role of government in homeland security

    In the wake of passage of the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) of 2001, and establishment of the Department of Homeland Security and government reorganization that created a number of subordinate agencies, the Social Security Administration and the Commerce and Treasury departments have issued policy directives to reduce or eliminate reliance by a variety of institutions -- including banks and financial institutions -- on social security numbers.  This was done with the knowledge that the Sept. 11 terrorists opened at least 20 bank accounts in Florida with valid social security numbers they had appropriated.
    IAPA's Chairman and Legal Director, Boyd F. Campbell has worked on both new legislation and driver license rules that would eliminate reliance on a social security number for a variety of state or locally issued documents, but retain the social security number requirement for applicants for a Commercial Driver's License (CDL).
    Foreign nationals living in Alabama, who are not authorized by Citizenship and Immigration Services to be present in the United States or were not inspected by Customs and Border Protection (formerly the Border Patrol), to be employed, or who do not have lawful permanent resident status, may not apply for an Alabama driver's license.
    Nationwide, 63 bills were introduced during the 2002-2003 state legislative sessions addressing immigrants' and nonimmigrants' abilities to obtain a state driver's license.  Although almost 50 of these proposals sought to limit access for immigrants and nonimmigrants, only eight states passed restrictive laws.  Of the 15 proposals that sought to expand access, two states -- New Mexico and South Carolina -- passed such laws.  Two additional states -- Texas and Rhode Island -- are seeking to expand access to driver's licenses for immigrants and nonimmigrants.  A proposed rule in Texas would allow applicants who have never been issued a social security number to provide an affidavit instead.  Similarly, an emergency regulation in Rhode Island permits the state department of motor vehicles to accept an individual taxpayer identification number (ITIN) from applicants who do not have a valid social security number.
    In most cases, restrictive measures were withdrawn in the face of legal challenges.
    And in another development (January, 2003), a study by the Virginia Department of Motor Vehicles concluded that foreign nationals should not have to prove they are legally present before being accorded the privilege of applying for a Virginia driver's license.  Read the article:  CLICK HERE.
    For many months, DPS driver license examiners have been denying legally present foreign nationals the privilege of applying for a driver license and taking the driver license examination.  There is little public transportation in Alabama, so foreign nationals who reside in the state need a driver license to get to work, school, and home.  This problem came to the attention of the American Immigration Lawyers Association's Atlanta, Georgia, Chapter.  Georgia revised its driver license rules early in 2003.
    On November 25, 2003, a subcommittee of the American Immigration Lawyers Association, chaired by Mr. Campbell, produced draft driver license rules for consideration by the Alabama Department of Public Safety.  These rules would enable foreign nationals -- who can prove they are legally present in the United States with the authorization of the Attorney General or Department of Homeland Security, or its subordinate agencies -- to apply for an Alabama driver license.  DPS is also going to the Alabama Legislature to seek approval of a bill that would authorize DPS to issue a driver license for less than four (4) years.  Under current law, DPS can issue a driver license for a term of four (4) years only.  Many foreign nationals have U.S. visas that expire in one year or less.  DPS wants to be able to issue a driver license for one year.
    On December 9, 2003, subcommittee representatives met with Colonel Mike Coppage, director of DPS; Troy King, Governor Bob Riley's legal counsel; and representatives from the Montgomery office of the Social Security Administration.  The meeting did not go well.  Colonel Coppage stated that he had to go by current driver license rules, even though he knows they are fatally flawed.  These are rules, not law.  Alabama law states that every new resident of the state "shall procure an Alabama driver's license within 30 days after establishing residence in the state."  Despite this law, Alabama will remain the only state that refuses to allow "green card" applicants, who are legally present in the state under the authority of Citizenship and Immigration Services (CIS), to apply for an Alabama driver license.
    On February 11, 2004, subcommittee members of the American Immigration Lawyers Association and their clients presented their case for a comprehensive fix to the driver's license problem to a special Legislative Oversight Committee in Montgomery.  Based upon the questions and comments of the legislators, it is clear that the Alabama Legislature understands the problem.  It would be helpful if DPS and its director did as well.
    We would like to thank the Consuls-General of Germany, South Korea, and Mexico in Atlanta for contacting Alabama Governor Bob Riley and informing him about this problem.

New procedures for obtaining an Alabama driver's license

    The following interim procedures have been adopted by the Alabama Department of Public Safety (DPS) until it can obtain additional guidance from the Department of Homeland Security and its subordinate agencies:

1.  Mail to the Department of Public Safety the name and social security number of each person in advance.
2.  Identify the local driver's license examining station where the person would like to go to apply for an Alabama driver's license.
3.  DPS will call the local driver's license examining station and obtain the name of the driver's license examiner the person should contact.
4.  DPS will inform the person of the name of the driver's license examiner the person is to see on the appointed date and time.
5.  The person should carry with him or her documentation, including his or her unexpired passport, CIS employment authorization (if applicable), Form I-94, Arrival-Departure Record, and CIS visa approval notice (if applicable).  Students should provide a copy of Form I-20 or IAP-66.

    You may send notices via fax to:  Captain/Driver's License Division, Alabama Department of Public Safety, (334) 242-0894
    You may send notices via mail to:  Captain/Driver's License Division, Alabama Department of Public Safety, P.O. Box 1511, Montgomery, AL 36012-1511

    There remains a serious problem with regard to inaccurate information provided to DPS by Immigration and Customs Enforcement concerning applicants for adjustment of status.  A subcommittee of the American Immigration Lawyers Association is addressing this problem with DPS, but is receiving no cooperation from DPS or its director.  If you are an adjustment of status applicant, and have a receipt showing that you have filed Form I-485, Application for Adjustment of Status, with Citizenship and Immigration Services, call the DPS Legal Office at (334) 353-1511.  And please write to Alabama Governor Bob Riley if you are a foreign national legally present in Alabama who has been denied permission to take the driver's license examination at an Alabama driver's licensing examining station:

GOVERNOR BOB RILEY
STATE CAPITOL
600 DEXTER AVENUE
MONTGOMERY, AL 36130
Tel. (334) 242-7100

It's not just about drivers licenses anymore

    If you would like to read a brief description of what the Social Security Administration's new policy regarding Social Security numbers, CLICK HERE.  To read the September 9, 2002, testimony of Kenneth W. Dam, Deputy Secretary of the Department of the Treasury, on implementation of the PATRIOT Act, CLICK HERE.  In addition, the National Technical Information Service of the Department of Commerce is working with the Social Security Administration to match records and prevent identity fraud in compliance with the PATRIOT Act.  For more information, CLICK HERE.  Please note that clicking on these links will take you away from the International Assistance Project of Alabama's home page.

Background

    Since 1994, IAPA has been working diligently on a problem that, at the time, was almost unique to Alabama.  Foreign nationals lawfully present in Alabama could not get an Alabama driver's license -- and still can't in far too many cases -- even if authorized by Citizenship and Immigration Services to be employed -- because the Social Security Administration would not issue these foreign nationals a social security number.  Since 1997, every applicant for an Alabama driver's license has been required to produce a valid social security number before being allowed to take the driving test.
    On March 1, 2002, the Social Security Administration (SSA) stopped assigning social security numbers to noncitizens where the sole reason for applying for a number was to satisfy a state statute that requires a number to obtain a driver's license or to register a motor vehicle.
    Since March 1, a class-action lawsuit was filed against the Social Security Administration in the U.S. District Court for the District of Columbia.  A ruling handed down on November 26, 2002, the court held that SSA did not follow comply with the federal Administrative Procedures Act in instituting the new policy.  (Ref. Iyengar v. Barnhart, Civil Action No. 02-0825).  If SSA's policy changes again, it will have to publish the proposed change in the Federal Register.
    In December, 2002, SSA changed its policy in response to the unfavorable ruling in the D.C. lawsuit.  From now on, SSA will issue social security numbers to non-citizens who are not otherwise eligible for social security numbers for the following nonwork purposes:
    * a federal statute or regulation requires that the alien provide his or her social security number to get a particular benefit or service; or
    * a state or local law requires the alien to provide his or her social security number to get general assistance benefits to which the alien has established entitlement; or
    * a state or local law requires the non-citizen to provide his or her social security number to get a driver's license.
    New guidance from SSA follows:
    "Under these circumstances, the application for an SSN must be accompanied by documentation from the appropriate government entity explaining the need for the SSN.  The documentation must be dated and on letterhead stationery. It must specifically identify the non-citizen, the nonwork reason for which an SSN is required, the relevant statute or regulation, and the name and telephone number of an official to contact so that the information provided may be verified. It should state that the non-citizen completed all the requirements to receive the benefit/service except for an SSN."
    SSA will continue to issue social security numbers to foreign nationals who can provide documentary proof that they are lawfully present in the United States and are authorized to be employed.
    In response to passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), a federal statute aimed at securing child-support payments from "deadbeat parents," the Alabama Legislature passed a law in 1997, mandating that state agencies require an applicant for a state license or certificate to provide the applicant's social security number.  The law covers any license, certificate, permit, or other authorization to drive a private or commercial motor vehicle, as well as divorce decrees, support orders, paternity determinations, and marriage licenses.

What the amended Social Security Act requires

    The Social Security Act, as amended -- 42 U.S.C 405 (c)(2)(C)(i) and 49 C.F.R. 383.153 -- authorizes states to record social security numbers on applications for various licenses, in records relating to divorce decrees, child-support orders and paternity determinations or acknowledgements, and in death records and on death certificates -- if the applicant has one.  This Act states:
    "(i)  It is the policy of the United States that any State (or political subdivision thereof) may, in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction, utilize the social security account numbers issued by the Commissioner of Social Security for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such State (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the social security account number (or numbers, if he has more than one such number) issued to him by the Commissioner of Social Security.
    "(ii) In the administration of any law involving the issuance of a birth certificate, each State shall require each parent to furnish to such State (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the social security account number (or numbers, if the parent has more than one such number) issued to the parent unless the State (in accordance with regulations prescribed by the Commissioner of Social Security) finds good cause for not requiring the furnishing of such number.  The State shall make numbers furnished under this subclause available to the Commissioner of Social Security and the agency administering the State's plan under part D of subchapter IV of this chapter in accordance with Federal or State law and regulation.  Such numbers shall not be recorded on the birth certificate.  A State shall not use any social security account number, obtained with respect to the issuance by the State of a birth certificate, for any purpose other than for the enforcement of child support orders in effect in the State, unless section 7(a) of the Privacy Act of 1974 does not prohibit the State from requiring the disclosure of such number, by reason of the State having adopted, before January 1, 1975, a statute or regulation requiring such disclosure."
    49 C.F.R. 383.153 requires that a Social Security number be provided only by applicants for a Commercial Driver's License (CDL).
    The September 11, 2001, terrorist attacks demonstrated what can happen when private information appears on public documents such as marriage and driver's licenses, hunting and fishing licenses, etc.  Alabama's local officials are publishing valid social security numbers on thousands -- if not millions -- of public documents.  This is simply foolish and very dangerous, in light of how the September 11 terrorists obtained such information to open their bank accounts in Florida, and must be stopped.  A bill before the 2004 Alabama Legislature would address this problem.

Contact IAPA

    If you have been denied permission to test for an Alabama driver's license, denied a marriage certificate by an Alabama probate court, or denied any other state license or certificate because you do not have a Social Security number, or you know someone who is having this problem, IAPA wants to hear from you.  Please call us at (334) 832-9090, or send your e-mail to:  CLICK HERE.

IAPA assists in driver's license manual case

    IAPA participated in the case of a Mexican permanent resident who was denied the privilege of taking the Alabama driver's license test in Spanish.  IAPA offered to translate and publish Alabama driver's license manuals in six languages at no cost to the State of Alabama.  So far, DPS has not accepted our offer of help.  You may read the opinion of the Court of Appeals for the Eleventh Circuit by clicking on the following link:  Sandoval v. Hagan.  The case resulted in a settlement whose terms provide for foreign-language driver's license manuals to be published in six languages.  To find out how you can join IAPA as a volunteer and contribute to our organization, please scroll down.

Publications

    IAPA has published a detailed guide for new international residents about living and working in Alabama, and a Language Identification Card for law enforcement authorities, which has been copied and is in use in communities and at military bases and posts all over the United States.  IAPA's Language Identification Card is published in 24 languages and provides contact information for law enforcement officers so that foreign nationals who come into contact with the officers may receive our help.
    Our officers regularly publish information about demographics and U.S. immigration law and visas.  For the latest article by Dr. Donald W. Bogie, director of the Center for Demographic and Cultural Research at Auburn University at Montgomery, and Vice President of IAPA, please click on the following link:  Dr. Donald W. Bogie.  For the archive of Dr. Bogie's articles, please click on the following link:  Bogie Archives.  (Currently being updated.)
    For the latest "Immigration Law Update" by our Chairman, Boyd F. Campbell, please click on the following link:  Immigration Law Update.  His updates for the past 90 days are available on his web site by clicking on the following link:  Immigration Law Center on the Internet.

Foreign language interpreters

    IAPA organized a Linguist Databank, a repository of confidential information about Alabama interpreters and translators of more than 30 languages, who provide free emergency help to Alabama's international residents and are available for a fee for personal, business, and legal matters.  Alabama's health clinics, social service agencies, courts, and law enforcement agencies have found this resource most helpful in gaining access to skilled foreign language interpreters and translators.  For information about how to establish a formal, ongoing relationship with the IAPA's Linguist Databank, please call us at (334) 832-9090, or send your e-mail message by clicking here: SEND MAIL.

Legal Services Committee

    In 1994, IAPA's Legal Services Committee began offering free or needs based legal services to indigent foreign nationals. Since then, this committee has applied for grants to help provide legal aid for Alabama's poor international residents, but has received no support from any Alabama charitable organization or foundation.  Committee members, and other volunteers, make regular visits to poor migrant labor areas of Alabama to provide free legal assistance.  Applicants for free or needs-based legal aid must first fill out a questionnaire and affidavit of indigency for the Committee.  IAPA's Board of Directors then reviews the requests for legal aid submitted by the Committee and decides whether the cases presented are meritorious and deserving of dedication of scarce resources.  Neither the legal director, nor any member of the Legal Services Committee, receives compensation for the legal services they provide.  IAPA's legal director, Boyd Campbell, receives honoraria for speeches and workshops he gives and donates these honoraria to IAPA so that its good work can continue.
    Over the past four years, IAPA has represented a number of abused foreign national spouses of U.S. citizens for the Family Sunshine Center, a domestic abuse shelter in Montgomery, Alabama.  The cases are filed under the Violence Against Women Act (VAWA).  Foreign national spouses and the children of U.S. citizen abusers may obtain employment authorization and eventually adjust their status to that of permanent resident if the cases are successful.  So far, IAPA has been successful in obtaining immigration benefits for all of the cases referred to us by the Family Sunshine Center.
    Please help support this outstanding service to abused spouses and children with your financial contributions.  Without your help, most of these women and their children would receive no help and would face deportation from the United States.  Our VAWA cases are extraordinarily expensive and often require years of work in cooperation with the Family Sunshine Center.  You may send your tax-deductible contribution to:  IAPA, P.O. Box 11032, Montgomery, AL  36111-0032.  A copy of IAPA's Section 501(c)(3) IRS tax-exempt determination letter is available upon request.
    The Legal Services Committee has provided a number of immigration workshops across Alabama.  Often the workshops are coordinated by our Chaplain, Dr. Richard Alford.  He can be reached State Board of Missions, Alabama Baptist State Convention, P.O. Box 11870, Montgomery, AL  36111-0870, or call 1-800-264-1225, extension 220, or send e-mail to Dr. Alford:  CLICK HERE.
    Dr. Alford coordinates the Language Missions Service of the Associational/Cooperative Missions Office, State Board of Missions, of the Alabama Bapstist State Convention.  Our latest immigration workshops have focused on training trainers and in developing more church-related citizenship classes and in identifying immigration problems that foreign nationals present to Language Missions volunteers.

Direct aid for international residents

    Periodically, we will add listings of agencies or organizations that provide help to Alabama's international residents.  One of the finest such organizations follows.  It is run by one our founding Board members, Jane Ferguson.  Help is available at this facility only in the Montgomery area:

Caring Center
First Baptist Community Ministries
52 Adams Avenue
Montgomery, Alabama  36104
Telephone:  (334) 241-5141
Hours:  Monday, 9:00 a.m. to 3:00 p.m.
Tuesday, Closed.
Wednesday, 9:00 a.m. to 11:30 a.m. and 12:30 p.m. to 3:00 p.m.
Thursday, Closed.
Friday, 9:00 a.m. to 12:00 noon.

Our greatest challenge

    IAPA's greatest challenge has been to find resources to provide legal services for poor international residents who may have immigration or employment problems.  The organization has encountered bias and prejudice within Alabama charitable organizations and foundations.  IAPA is working against almost insurmountable odds to provide legal services to these poor, unserved international residents, many thousands of whom live in Alabama and work long hours for little pay to put food on our tables.  Only legal resident aliens may, by federal law, receive legal help from the Legal Services Corporation of Alabama.  IAPA's Legal Services Committee is one of the few resources that poor international residents have.  For example, we handle the immigration cases of abused foreign national spouses and children for the Family Sunshine Center without charge. These cases are very time-consuming and expensive.
    We need your help to reach the poor and foreign nationals who may not be in proper visa status.  Please contact us today if you know of a private or corporate foundation that is interested in helping Alabama's international residents, or to offer your time, talents, and tax-deductible financial contributions.  This is a crying need, and you would certainly be a saviour if you could provide help or find help for IAPA.

Officers

    Our most dedicated volunteers are our officers, who serve IAPA without pay or other compensation, and have dedicated themselves to IAPA's mission.  For a list of our current officers and how to contact them, please click on the following link:  IAPA Officers.

Telephone: (334) 832-9090
E-mail:  CLICK HERE

Or contact us via regular mail:

IAPA
P.O. Box 11032
Montgomery, Alabama 36111-0032

Basic membership: $15
Associate membership: $50
Business membership: $100
Benefactor membership: $500

Membership fees and charitable contributions are tax-deductible as allowed by federal and state law.  A copy of IAPA's Section 501(c)(3) IRS tax-exempt determination letter is available upon request.