Over 117 Driver's License Bills Introduced In State Legislatures; 17 Have Become Law

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

OVER 117 DRIVER’S LICENSE BILLS INTRODUCED IN STATE LEGISLATURES; 17 HAVE BECOME LAW
Immigrants' Rights Update, Vol. 17, No. 4, July 15, 2003

During the 2003 state legislative sessions, approximately 117 bills were introduced that address immigrants’ ability to obtain a driver’s license. Approximately 37 of the proposals sought to expand immigrants’ access to driver’s licenses, and 65 bills sought to restrict access. In addition, 14 bills that affect immigrants—but that don’t directly expand or restrict their access to driver’s licenses—were introduced. As of July 2003, 17 of these driver’s license–related bills have been enacted into law.

The bills that seek to remove restrictions do so by, for example, removing Social Security number (SSN), lawful presence, or documentation requirements, which prevent many non–U.S. citizens from obtaining driver’s licenses and automobile insurance. Other proposals include allowing documents, such as the individual taxpayer identification number (ITIN) and consular identification cards, to be accepted as forms of identification. Thus far, Georgia, Hawaii, Kansas, Louisiana, and New Mexico have passed such legislation. Georgia and Hawaii now allow applicants who are not eligible for an SSN to submit documentation from the Social Security Administration stating that they are ineligible to obtain an SSN; Kansas and New Mexico allow applicants to use an ITIN if they are ineligible for an SSN; and Louisiana created a temporary license for immigrants who are employed in the agricultural industry.

The bills that seek to impose new restrictions 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, Nevada, New Jersey, Virginia, and West Virginia have passed such laws. Colorado prohibits driver’s license applicants from using a foreign document as a form of ID; Nevada requires fingerprints for commercial driver’s licenses; New Jersey and West Virginia require driver’s licenses to be linked to the period that the applicant is authorized to be in the U.S.; and Virginia codifies an already existing lawful presence requirement.

Seven of the driver’s license–related bills signed into law during the 2003 legislative sessions are what could be called “neutral.” Arizona, Iowa, Kansas, Kentucky, and New Mexico now require driver’s license applicants to consent to be registered with the Selective Service Agency. Maryland created a task force to study driver’s license documentation and license-related fraud, developments related to the terrorist watch list, developments in the field of biometric technology, and data about uninsured and unlicensed drivers.

For a complete list of all state proposals and their status, go to the NILC Web site at here.