Immigrant Driver's License Restrictions Challenged in Some States

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

IMMIGRANT DRIVER'S LICENSE RESTRICTIONS CHALLENGED IN SOME STATES
Immigrants' Rights Update, Vol. 16, No. 6, October 21, 2002

Nationwide, approximately 63 bills introduced during the 2001-02 state legislative sessions addressed immigrants' ability to obtain a driver's license. Although almost 50 of these proposals sought to limit access for immigrants, only 8 states passed restrictive laws. Of the 15 proposals that sought to expand access, 2 states, New Mexico and South Carolina, passed such laws.

Since Apr. 2002, a number of states that failed to pass restrictive legislation have attempted to restrict licenses through administrative policies. And at least two states, Texas and Rhode Island, are seeking to expand access to drivers' licenses for immigrants. A proposed rule in Texas would allow driver's license applicants who have never been issued a Social Security number (SSN) to submit an affidavit instead. Similarly, an emergency regulation in Rhode Island permits the state's motor vehicles agency to accept an individual taxpayer identification number (ITIN) from applicants who do not have a valid SSN.

Administrative policies intended to restrict access to drivers' licenses for immigrants were proposed or adopted in at least six states. In most cases, the restrictive policies were withdrawn or face legal challenges.

A summary of the restrictive administrative actions initiated since April 2002 follows:

• Connecticut. A regulation was proposed to eliminate employment authorization documents as a form of identification. After the state attorney general determined that the proposed regulation would violate the equal protection clauses of the U.S. and Connecticut constitutions, it was withdrawn.

• Indiana. The Indiana Bureau of Motor Vehicles (BMV) issued a new policy that requires six documents to prove identity and Indiana residence. The new policy also creates a lawful presence requirement. After pressure from advocates, the Indiana BMV amended its rule to require only four documents to establish identity and residence. A class action lawsuit has been filed, challenging the administrative rule based on various procedural, statutory, and constitutional grounds.

• Iowa. The state's department of transportation issued a policy requiring that the words "Nonrenewable - Documentation Required" appear on the face of licenses for all non-U.S. citizens. This policy was withdrawn in Sept. 2002.

• Minnesota. An administrative rule was filed, creating a lawful presence requirement, eliminating licenses and IDs from other states as acceptable primary documents to prove identity, and requiring that licenses expire with immigration visas. The rule also requires non-U.S. citizens whose visa expires within 60 days to apply for a temporary license, and that the words "status check" and the visa expiration date be indicated on the face of licenses issued to temporary residents. The rule also eliminates the provision of state law that allows exemptions from the requirement to have the license bear a photograph. A petition has been filed with the Minnesota Court of Appeals, challenging the rule on procedural, statutory, and constitutional grounds.

• Pennsylvania. The Pennsylvania Dept. of Transportation issued a policy that limits the documents that immigrants and refugees can use to prove their identity.

• Tennessee. An executive order issued by the state's governor requires that the words "NONE PROVIDED" appear on the licenses of applicants who submit an affidavit stating that they have never been issued an SSN.

For a complete list of state proposals and their status, see the NILC Web site at www.nilc.org/immspbs/DLs/2001-02_State_DL_Proposals_10.02.PDF. For a table of the current state policies on issuing drivers' licenses, see the NILC Web site at www.nilc.org/immspbs/DLs/2001-02_State_DL_Requirements.PDF.