We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
NO PAPERS? YOU CAN’T HAVE WATER: A CRITIQUE OF LOCALITIES’ DENIAL OF UTILITIES TO UNDOCUMENTED IMMIGRANTS.
- Authors
Shahshahani, Azadeh; Madison, Kathryn
- Abstract
Access to utility services is a crucial part of a person’s ability to live and make a home in a particular place. For those who are denied service by the local agency or company that provides public utilities—like electricity and water—there are very few ways to achieve a decent and dignified life in that locality. Even in the twenty-first century, some households in the United States face the risk of going without electricity or running water in their homes because of their national origin or immigration status. In Alabama, utility service providers have declined to provide service to applicants who cannot provide a Social Security Number (SSN) or specific identity documents that are not available to undocumented immigrants. At least two cities in Georgia have similar policies. The practice of denying utility services to individuals who cannot provide a SSN violates U.S. federal law and is contrary to international human rights norms and obligations. In this Article, we will discuss two approaches to this problem. First, we will discuss options for challenging these policies under U.S. law. The Privacy Act may be utilized to challenge state and local government policies that require SSN disclosure for utility service, while the Fair Housing Act (FHA) provides a basis to challenge any government or private utility provider based on the disparate impact of these policies on noncitizens and certain racial groups. Second, we will analyze how such utility service denials violate international human rights treaties and norms regarding security of the person, adequate standards of living, the right to water, and the right to equal treatment. Together, these domestic and international legal authorities provide a basis for immigrants’ rights and human rights advocates to challenge these policies in court and lobby against the adoption of such policies.
- Subjects
LEGAL status of undocumented immigrants; SOCIAL security numbers; FAIR Housing Act of 1968 (U.S.); HUMAN rights; LEGAL authorities; LOCAL government; PRIVACY Act of 1974 (U.S.)
- Publication
Emory International Law Review, 2017, Vol 31, Issue 4, p505
- ISSN
1052-2840
- Publication type
Article