"Nonwork" SSNs No Longer Available for Driver's License Applicants

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

"NONWORK" SSNs NO LONGER AVAILABLE FOR DRIVER'S LICENSE APPLICANTS
Immigrants' Rights Update, Vol. 16, No. 2, April 12, 2002

The Social Security Administration (SSA) has announced that, effective Mar. 1, 2002, the agency will no longer assign "nonwork" Social Security numbers (SSNs) to persons who need them solely to secure a state driver's license. The SSA will continue to issue nonwork SSNs to persons

required by a federal statute or regulation to provide an SSN to secure a benefit or service, or
required by a state or local law to provide an SSN to secure general assistance benefits to which they have established an entitlement.

To obtain a nonwork SSN, applicants must provide evidence of age, identity, and immigration status, as well as a letter from the benefit agency explaining the need for the SSN (see SSA's Program Operations Manual System (POMS) RM 00203.510). Immigrants who need an SSN in order to secure a state or local benefit must submit evidence of lawful status. POMS RM 00203.510.D.2. By contrast, all immigrants regardless of status may obtain a nonwork SSN where a federal statute or regulation requires one in order to secure a federal benefit. POMS RM 00203.560.

Although the SSA published an advance notice of proposed rulemaking in October 1999 announcing potential restrictions on nonwork SSNs, it never published a final rule (see "SSA to Restrict Issuance of SSNs for Nonwork Purposes," Immigrants' Rights Update, Nov. 17, 1999, p. 9). Numerous states currently require applicants for driver's licenses to provide SSNs. The SSA's new policy has already prevented some otherwise eligible immigrants from securing driver's licenses.

The SSA's restriction comes at a time when states are debating at least 35 proposals to expand or restrict access to driver's licenses for immigrants. For example, some states are debating whether to accept individual taxpayer identification numbers (ITINs) as an alternative to the SSN.

The National Immigration Law Center is working with other national groups to track current state policies and the proposals that are moving through state legislatures and administrative agencies. To provide information about driver's license policies and proposals in your state, please contact Tyler Moran at tylertmoran@yahoo.com. The SSA's POMS are available on the agency's web site, at policy.ssa.gov/poms.nsf/poms?OpenView. The driver's license policy is also explained in the SSA's "frequently asked questions" site, at www.ssa.gov.