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So far during the 2006 state legislative
sessions, at least 66 bills are pending in 24 different states that
address immigrants' ability to obtain a driver's license. Since some
legislative sessions began in 2005, approximately half of the bills were
newly introduced in calendar year 2006. As in previous years, most
bills seek either to expand or restrict immigrants' eligibility for
driver's licenses. However, a number of bills this year specifically
seek to create a different license or "driving certificate" for certain
immigrants. In addition, a number of bills and resolutions also address
the federal REAL ID Act. (For more on the REAL ID Act, see "REAL ID Enacted: Imposes Rigid Driver's License
Requirements,"
Immigrants' Rights Update, June 30, 2005, pp. 1-3.)
Bills that seek to create a license for
immigrants that is different from that issued to state residents who are
U.S. citizens have been introduced in California, Georgia, Illinois,
Indiana, Kentucky, Michigan, Mississippi, New Jersey, and Virginia. All
these bills are pending except the Mississippi bill, which has been
rejected. Although not identical, the bills generally call for the
creation of a "driving certificate" or "temporary license" that would be
issued to immigrants who either cannot prove that they are lawfully
present in the U.S. or who would not qualify for a license under the
provisions of the REAL ID Act (which will not take effect until 2008 at
the earliest). Most bills also would require that the certificate be
valid only for the length of the applicant's authorized stay in the
U.S. These proposals are based largely on existing policies in
Tennessee and Utah (see "New Tennessee Law Creates 'Driving Certificate'
for Most Noncitizens," IRU, Aug. 9, 2004, p. 3, and "Utah Creates 'Driving Privilege Card' for
Applicants without SSNs," IRU, Mar. 31, 2005, p. 3). In all
cases, the driving certificate or temporary license would have to look
different from a regular driver's license and could not be used as ID
for federal purposes.
Bills that seek to implement the REAL ID Act's
requirements have been introduced in California, Illinois, Michigan,
Mississippi, New Mexico, and Wisconsin. However, in all cases the bills
seek only to implement the immigration status restrictions and not the
act's other requirements, such as its information-sharing provisions and
technology standards. Because the U.S. Dept. of Homeland Security has
not yet issued regulations clarifying or implementing the relevant
provisions of the REAL ID Act, states that pass laws to implement the
act's requirements before the regulations are issued will likely be
forced to make revisions later. Two of the many questions that remain
unanswered because the DHS has not yet issued regulations include what
documents will be acceptable to prove an applicant's lawful status in
the U.S., and what provisions will be made for immigrant applicants who
are lawfully present in the U.S. but whose immigration statuses are not
listed among those in the REAL ID Act as making a person in that status
eligible for a REAL ID-compliant driver's license or ID. The Wisconsin
bill, which implements the immigration status restrictions in the REAL
ID Act, passed the legislature and was signed by the governor on Mar.
10. Meanwhile, the New Hampshire House of Representatives has passed a
bill that would prohibit the state from implementing the REAL ID Act and
which states that it is "contrary and repugnant" to the New Hampshire
and U.S. Constitutions.
REAL ID-related resolutions are also
pending in Kentucky, New Hampshire, Virginia, and Washington. The
Kentucky resolution calls for a study of driver's licenses as they
relate to REAL ID; the New Hampshire resolution (which is separate from
the bill mentioned above) declares the state's opposition to REAL ID;
the Virginia resolution calls for a joint subcommittee to study the
impact of REAL ID on the commonwealth; and the Washington resolution
calls on Congress to repeal the REAL ID Act. Resolutions expressing
opposition to the REAL ID Act have already passed in New York City and
Santa Fe, New Mexico (see "Resolutions Critical of REAL ID Adopted by Santa
Fe and the American Library Association, and Introduced in New York City
Council," IRU, Oct. 5, 2005, p. 3).
A new law also passed in Maine that would
restrict certain expired documents from being used as proof of
identification, including a passport, foreign document, or immigration
visa.
For more detail on driver's license bills
introduced in 2006, check the "Immigrants & Driver's Licenses" page
of NILC's website, especially its "State Driver's License Legislation &
Requirements" section.
By
Tyler Moran, NILC
policy analyst
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