Undocumented Immigrants and the Right to Marry
County clerks in a number of states have refused to issue marriage licenses to undocumented immigrants. The clerks argue that federal law requires marriage license applicants to provide a Social Security number. Undocumented immigrants, who are not eligible to apply for a Social Security number, are therefore denied marriage licenses. This article explains why states cannot deny marriage licenses to undocumented immigrants.
The article addresses a number of questions.
- Why Do County Clerks Ask For a Social Security Number?
- Does PRWORA Require States To Deny Licenses to Applicants Who Fail to Provide a Social Security Number?
- Has the Federal Government Provided Guidance on this Issue?
- Have State Attorneys General Issued Official Opinions on this Issue?
- Could a State Enact a Law Denying Marriage Licenses to Undocumented Immigrants?
The article also provides the following analyses:
- Analysis: Following Federal Guidance
- Analysis: State’s Interest in Protecting the Institution of Marriage
- Analysis: Social Security Number Not a Condition Precedent
- Analysis: Constitutional Right to Marry
- Analysis: Intent of the Legislature
Please click on the .pdf icon in the top right corner to access the complete text.
| Attachment | Size |
|---|---|
 Undocumented immigrants and marriage.pdf | 45.5 KB |