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Immigrants’ rights, privacy, and civil rights advocates
held a national driver’s license strategy meeting in Washington, DC, on
July 27, 2005, to develop a national agenda for overturning or
challenging implementation of the REAL ID Act, to strategize about state
implementation options under REAL ID, and to build alliances among
various sectors.
Seventy advocates from 29 states attended the
one-day meeting, which was the first opportunity for national and
grassroots advocates to meet face-to-face to discuss the REAL ID Act’s
effects. Sessions included panel presentations followed by participant
discussion.
As previously reported, the REAL ID Act will
prevent the federal government from accepting state driver’s licenses as
identification unless they meet the act’s requirements within three
years. Driver’s license applicants will have to prove that they are
U.S. citizens or lawfully present in the U.S.; however, not every lawful
immigration status will qualify the person holding it to be eligible for
a federally approved state license or ID. Documents presented by
license or ID applicants to prove identity, date of birth, Social
Security number, and residence will have to be verified with the issuing
agency. Applicants will not be able to present foreign documents other
than a passport to prove their identity, legal name, and date of birth.
Any state-issued driver’s license that does not comply with REAL ID’s
requirements for federally acceptable ID will have to bear a notice on
its face that it cannot be accepted by the federal government as ID, and
it must use a unique design and color. States will have to
electronically share with other states the information in their motor
vehicle databases. The federal government has not yet issued
regulations to implement the act, leaving many questions about its
implementation unanswered. (For more on the REAL ID Act, see “REAL
ID Enacted: Imposes Rigid Driver’s License Requirements,”
Immigrants’ Rights Update,
June 30, 2005, p. 1.)
Advocates agreed that a REAL ID strategy
requires a coordinated agenda that allows for flexibility among states,
with the goal of minimizing the impact of REAL ID on immigrant
communities. The American Civil Liberties Union, whose national
organization and affiliates participated in the meeting, has announced a
national campaign to pressure Congress to repeal the REAL ID Act. In
the ACLU’s view, portions of the REAL ID Act are vulnerable, especially
those that lead to the creation of a de facto national ID system or
impose increased costs. Repeal of the lawful presence requirement will
be more difficult.
Advocates at the meeting argued that the
refusal of even a handful of states to adapt their licenses to the REAL
ID’s requirements for federal identification would send a powerful
message. Achieving this will require coordination of strategy and
messages among different communities and interest groups that the REAL
ID Act places an undue burden on state governments and all drivers.
Most participants agreed that advocacy on the state level should focus
on building state and local opposition to REAL ID, with the goal of
encouraging the state either not to adopt the law’s federal ID
requirements or to fight for the most generous interpretation of the
law. Some advocates from states that currently issue licenses to people
regardless of immigration status are considering the possibility of
leaving the driver’s license available to all while implementing REAL ID
on a state ID card. Several thought that their states might implement a
certificate of driving for those who would not qualify for a license.
It would not be usable for federal identification purposes. A similar
certificate is currently available in Tennessee.
Advocates agreed on the need to educate the
immigrant community, the general public, and policymakers about what the
REAL ID Act really does and its impact on citizens and immigrants
alike. This necessitates building broad alliances, calling legislative
offices, holding briefings to educate legislators before their sessions
begin, giving presentations on talk radio and before different
constituencies, and making effective use of websites and newsletters.
Moreover, it will be important to educate policymakers about
anti-immigrant groups that are linked to prominent groups favoring
driver’s license restrictions.
Advocates also suggested urging local
governments to adopt resolutions opposing the REAL ID Act, as Santa Fe,
New Mexico, has already done and as members of New York City’s city
council hope New York will do (see “Resolutions Critical of REAL ID
Adopted by Santa Fe and the American Library Association, and Introduced
in New York City Council,” below). Similar resolutions have been passed
to prevent state and local law enforcement from enforcing federal
immigration law (see
PDF-1 and
PDF-2).
The strategy meeting will be followed up by
national calls, in which advocates can discuss strategy and share
information. To join the national calls and the NILC-sponsored driver’s
license listserv, contact Jennifer Hojaiban at hojaiban@nilc-dc.org.
Please provide your contact information and a short description of your
involvement in driver’s license advocacy.
—By
Joan Friedland, NILC staff
attorney
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