Six Of Numerous Driver's License Bills Introduced In State Legislatures Have Become Law

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

SIX OF NUMEROUS DRIVER'S LICENSE BILLS INTRODUCED IN STATE LEGISLATURES HAVE BECOME LAW
Immigrants' Rights Update, Vol. 17, No. 3, June 3, 2003

Over 103 bills that address immigrants' ability to obtain a driver's license were introduced in state legislatures during 2003. The bills fall into two broad categories: proposals that expand immigrants' access to driver's licenses and proposals that restrict immigrants' access. While it is expected that most of these bills will die in committee, six have become law to date.

Efforts to oppose restrictive proposals were challenged this year by the involvement of the Federation for American Immigration Reform, an anti-immigrant organization, in state campaigns. Immigrants' rights advocates, however, along with law enforcement, religious organizations, labor, and businesses have been successful in educating policymakers about the ineffectiveness of these restrictive proposals and preventing them from moving out of legislative committees. In Colorado, Connecticut, Georgia, Idaho, Kentucky, Minnesota, Missouri, New Mexico, and other states, coalitions emerged where none had previously existed to rally around the driver's license issue. There are approximately 36 bills that seek 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. Other proposals include allowing documents, such as the individual taxpayer identification number (ITIN) and foreign identity cards, to be accepted as forms of identification. Thus far, Kansas and New Mexico have enacted such bills into law. The Kansas law allows applicants for a driver's license, instruction permit, or state identification card to submit an ITIN if they do not have an SSN. If the applicant does not have an SSN or an ITIN, he or she must submit a sworn statement attesting to that fact. The New Mexico law allows applicants to submit an ITIN in place of an SSN and directs the secretary of Motor Vehicles to issue regulations that name other documents acceptable as substitutes for an SSN or ITIN.

There are approximately 54 bills that seek to impose restrictions. These include requirements to make the license expire with the immigration document presented as evidence of eligibility; submission of fingerprints with the application; elimination of foreign identity cards as a form of identification; and the placement of marks on immigrants' licenses to distinguish them from others. Thus far, Colorado, New Jersey, Virginia, and West Virginia have enacted such bills into law.

The Colorado law was signed by the governor on May 22, 2003, and prohibits a public entity (agency, department, board, division, bureau, commission, council, or political subdivision of the state) from accepting an identification document unless it is a document issued by a state or federal jurisdiction or recognized by the U.S. government. The document also must be verifiable by federal or state law enforcement, intelligence, or homeland security agencies. The requirement would not apply to a person reporting a crime; to a public official accepting a crime report, conducting a criminal investigation, accepting an application for services under the Women, Infants and Children (WIC) nutrition program, or providing emergency medical services; to a peace officer in the performance of the officer's duties and within the scope of the officer's employment; or instances in which federal law mandates acceptance of a document.

The central goal of the New Jersey law is to eliminate the state's department of motor vehicles and to replace it with the New Jersey Motor Vehicle Commission. However, the law also authorizes the commission to implement additional proofs of identity for a license, seek the assistance of the federal government to verify documents' authenticity, require fingerprinting of all applicants for commercial driver's licenses, and link the expiration of the license to the length of time that the person is authorized to be in the U.S.

The Virginia law requires applicants for licenses or identification cards to provide documentation of lawful presence, nonimmigrant applicants to be issued a temporary license that is valid only as long as the person is authorized to be in the U.S., and conformance with the USA Patriot Act with regard to issuing hazardous waste endorsements for commercial drivers. The West Virginia law links the expiration of the license to the length of time that the person is authorized to be in the U.S.

In addition, there are 11 proposals to require all applicants to register with the Selective Service. Only Kentucky has enacted this requirement into law. For more detail on state driver's license proposals, see the table "2003 State Driver's License Proposals" which can be accessed via NILC's Web site at www.nilc.org/immspbs/DLs/index.htm, or contact Tyler Moran at moran@nilc.org.