Immigrant Driver's License Proposals and Campaigns: Surprising Progress Since 9/11

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

IMMIGRANT DRIVER'S LICENSE PROPOSALS AND CAMPAIGNS: SURPRISING PROGRESS SINCE 9/11
Immigrants' Rights Update, Web Edition, May 14, 2002

In the months before September 11, efforts to expand access to driver's licenses for immigrants had made significant progress across the country. Advocates in at least fifteen states sought to remove restrictions such as Social Security number (SSN), lawful presence, or documentation requirements, which prevent many immigrants from securing driver's licenses and automobile insurance. Some state campaigns proposed that alternative identifiers, such as the Individual Tax Identification Number (ITIN), could be used in lieu of an SSN. Other campaigns sought to expand the categories of immigrants that may be eligible for a driver's license, or to broaden the list of acceptable documents. Immigrant rights advocates were joined by law enforcement, religious organizations, labor, and businesses, in demonstrating the benefits of increasing access to driver's licenses, including improved highway safety, reduction of insurance costs, and fraud prevention.

After the events of September 11, however, many of these campaigns were halted temporarily, as numerous proposals to restrict access to driver's licenses were introduced. Many of these proposals targeted immigrants specifically, such as requirements that immigrants apply for licenses in specific offices in the state, or that licenses expire with the immigration document presented as evidence of eligibility. Other proposals required that fingerprints be submitted with the application, or that a mark be placed on immigrants' licenses to distinguish them from others. In response to these proposals, immigrants and their advocates noted that placing restrictions on immigrants' driver's license eligibility is a highly ineffective method of combating terrorism. Instead of addressing terrorism, the restrictive measures prevent families from driving to work, school, or the doctor. Ensuring that all drivers are tested, licensed, and able to obtain car insurance better protects public safety and security.

Of the forty-four restrictive proposals, measures have been passed only by Colorado, Kentucky, New Jersey, and Virginia. And, in response to advocates' concerns, some of the most severe restrictions were removed from these bills prior to passage. Fourteen of the restrictive proposals have been defeated, and the remaining twenty-four bills face legal, fiscal, practical, and political obstacles. At the same time, the campaigns to expand access to driver's licenses are moving forward. One law passed in New Mexico and ten of the original fifteen "expansive" proposals have been defeated. At least four states, including California, Missouri, New York, and South Carolina, currently are considering proposals to improve public safety and security by expanding access to driver's licenses.