Most State Proposals to Restrict Drivers' Licenses for Immigrants Have Been Unsuccessful

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

MOST STATE PROPOSALS TO RESTRICT DRIVERS' LICENSES FOR IMMIGRANTS HAVE BEEN UNSUCCESSFUL
Immigrants' Rights Update, Web Edition, July 15, 2002

During the 2001-02 state legislative sessions, approximately 61 bills were introduced that addressed immigrants' ability to obtain drivers' licenses. Fifteen of the proposals sought to expand immigrants' access to drivers' licenses and 46 bills sought to restrict access. As of July 2002, two states have enacted expansive proposals and six states enacted restrictive proposals.

Before the events of Sept. 11, 2001, campaigns to expand immigrants' access to drivers' licenses were gaining momentum in at least 15 states. Campaigns were conducted by highway safety organizations, immigrants' rights advocates, labor, law enforcement, and religious organizations, among others. Advocates sought to allow alternative identifiers to the Social Security number (SSN), expand the list of immigration documents used to prove identity, and remove existing restrictive requirements. Because of reports that some of the Sept. 11 terrorists were able to obtain drivers' licenses, most campaigns were stalled after the attacks. Nevertheless, expansive proposals in New Mexico and South Carolina passed and were signed into law. New Mexico's law repeals the requirement that applicants must have an SSN, and South Carolina's law expands the categories of immigrants who are now eligible for a license. Campaigns in many other states have continued, and advocates plan to introduce new bills next year.

Of the 46 restrictive bills introduced, 38 bills failed and only six states enacted bills into law: Colorado, Florida, Kentucky, New Jersey, Ohio, and Virginia. Colorado codified an existing requirement that applicants for a license must be lawfully present in the country; Florida, Kentucky, New Jersey, and Ohio tied the expiration of an immigrant's license to his or her immigration document; and Virginia required noncitizens to submit fingerprints with their license application and authorized the state police and driver's license agency to share information with federal agencies. Ohio also authorized the registrar to implement "security features" on noncitizens' licenses. Due to the work of advocates at the state level, the restrictive proposals that passed were greatly improved before they were signed into law. Among the restrictive proposals that failed to pass was a Tennessee bill that sought to repeal a law passed last year. That law expanded immigrant eligibility by permitting state residents to submit an affidavit if not eligible for an SSN. A complete list of all state proposals and their status is available on NILC's website.