Florida: Bill To Allow Undocumented Immigrants To Obtain Driving Certificates Is Supported By Gov. Bush But Withdrawn By Sponsor

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

Florida: Bill to allow undocumented immigrants to obtain driving certificates is supported by Gov. Bush but withdrawn by sponsor
Immigrants' Rights Update, Vol. 18, No. 3, May 20, 2004

A bill introduced in the Florida Senate and endorsed by Gov. Jeb Bush which would have allowed undocumented immigrants to obtain driving certificates has been withdrawn by its sponsor under pressure from the Florida Sheriff’s Association. It is likely that a separate bill will be introduced to study the issue.

Critics of the withdrawn bill charge that allowing undocumented immigrants to obtain driving certificates would legitimize their stay in the U.S. However, Gov. Bush has stated that such a policy would balance public safety with the everyday need to drive.

While immigrants’ advocates welcome the fact that the governor and some members of the legislature support granting licenses to undocumented immigrants, many are concerned that the version of the bill that was introduced contained requirements that would have made it impossible to implement. For example, the bill would have required that foreign consulates obtain copies of applicants’ criminal records in their countries of origin, despite the fact that many immigrants come from countries that are experiencing political turmoil or whose government bureaucracies are corrupt. Nor is it clear that consulates have the resources or ability to perform such a task. In addition, the bill would have exempted Cubans and Canadians from many of the more onerous prerequisites for obtaining a driving certificate.

Highlights of the withdrawn bill include the following:

It would create a two-year driving permit for immigrants who do not meet current immigration status requirements for a driver’s license.
To be eligible for the permit, the applicant would have to be a citizen of a country that maintains diplomatic relations with the U.S., is not a threat to the U.S., and is not on a list of terrorist countries.
Applicants would have to (1) present a consular ID card that contains a digital image and was produced using security measures and features to prevent tampering or counterfeiting that satisfy the standard set by the Florida Dept. of Motor Vehicles (the DMV could accept other documents, including a passport, national identity card, or other similar proof of identity issued by the government of the applicant’s country of citizenship); (2) present a second form of ID that could include, but would not be limited to, an employer ID card or an Individual Taxpayer Identification Number (ITIN, which is issued by the U.S. Internal Revenue Service); (3) submit fingerprints that would be used to conduct criminal background and security checks through the Florida Dept. of Law Enforcement (FDLE) and the FBI; (4) submit proof that they have resided in Florida for at least 6 months during the last 5 years preceding the date of application; (5) affirm that they have never been convicted of any crime that would constitute a felony in Florida, and that they are not wanted, either in their country of citizenship or in the U.S., for a crime that would constitute a felony in Florida; and (6) submit proof of ownership of a motor vehicle, proof of a lease, or document to the satisfaction of the DMV their necessity to operate a motor vehicle for employment, business, occupational, educational, medical, or religious reasons, for support of the applicant or the applicant’s family, or for other similar reasons prescribed by the DMV.
Before the applicant could be issued a driving permit, the embassy or consulate of the applicant’s country of citizenship would have to provide the following information: (1) documentation that the applicant (a) has not been convicted of a crime in that country that would constitute a felony in Florida and (b) is not wanted for any crime; (2) a certified copy of the applicant’s official driving record, if available; (3) certification that the form of ID submitted by the applicant to get a consular ID card or other form of ID issued by the consulate is legitimate; and (4) certification that the applicant’s country of citizenship maintains a security system to prevent the issuance of multiple identities to one individual.
Before issuing a driving permit, the DMV would have to: (1) verify through U.S. Citizenship and Immigration Services (CIS) that the applicant is not subject to an order of deportation; (2) conduct a criminal background check through the FDLE and the FBI; (3) verify through the FDLE and the FBI that the applicant is not a security risk to the state or the U.S.
The driving permit would have to have a background that distinguished it from a driver’s license, and it would be valid for only two years.
Cuban immigrants would not have to comply with many of the requirements listed above. They would not have to: (1) be from a country that has diplomatic relations with the U.S. and that is not on a list of terrorist countries; (2) present a consular ID or other ID issued by the consulate of their country of citizenship (instead, they would have to present a form of ID prescribed by the DMV); (3) present a second form of ID; (4) demonstrate that they have resided in the state for at least 6 months; or (5) affirm that they have never been convicted of a crime in their country of citizenship. Nor would the consulate of their home country have to produce any information about their driving record or criminal background, nor would the DMV check with CIS to verify whether they are subject to an order of deportation.
Foreign nationals who visit Florida would be able to obtain a driving permit if they provided proof of ownership or rental of a residence in Florida or proof of ownership of an established business and proof of ownership or lease and registration of a motor vehicle in the state. This provision appears to be designed to welcome foreign visitors, such as Canadian “snowbirds,” who regularly visit Florida but have not officially established residence in the state.