Illinois creates exception to Social Security number requirement; N.Y. Assembly holds hearing on SSN verification process

IMMIGRANTS & PUBLIC BENEFITS

Driver's Licenses

Driver’s licenses: Illinois creates exception to Social Security number requirement; N.Y. Assembly holds hearing on SSN verification process
Immigrants' Rights Update, Vol. 18, No. 6, September 21, 2004

Illinois has enacted a law that will allow immigrants who are lawfully present in the United States but ineligible for a Social Security number (SSN) to apply for a “temporary visitor’s driver’s license.” The law will go into effect on Jan. 1, 2005. And in New York, the state assembly’s Standing Committee on Transportation held a hearing on Aug. 19 to examine the New York Dept. of Motor Vehicles’ process for verifying the SSNs of license-holders and applicants.

Under current law, Illinois requires all driver’s license applicants to present an SSN unless they have “bona fide” religious convictions against obtaining one. Supporters of the law that takes effect Jan. 1 argued that many lawfully present immigrants, such as students and family members of immigrants with work visas, are ineligible for an SSN and need to drive to attend school or for work.

The new law will allow immigrants who are ineligible for an SSN to apply for a temporary visitor’s driver’s license if they can prove that they are a resident of Illinois and that their presence in the U.S. is lawful. The temporary license will be valid for three years or for the period of time the individual is authorized to remain in the U.S., whichever period is shorter. The statute instructs the Illinois secretary of state to adopt rules regarding the design and content of the license.

Meanwhile in New York, those who testified in favor of a process that would allow all drivers, regardless of their immigration status, to obtain licenses included the president-elect of the American Immigration Lawyers Association, the executive director of the New York Immigration Coalition, a professor at the United States Military Academy at West Point, and affected immigrants.

The hearing was scheduled because the New York Dept. of Motor Vehicles is currently in the process of verifying the 10 to 11 million SSNs in its database with the Social Security Administration (SSA). The stated purpose of the DMV’s effort is to verify the identities of individuals in the DMV database and uncover any instances in which SSNs have been used fraudulently. New York DMV officials estimate that, as a result of this program, between 275,000 and 300,000 licenses will be revoked or suspended because their holders presented fraudulent SSNs when applying for licenses.

Like most states, New York requires driver’s license applicants to present an SSN. However, also like most states, New York allows applicants who are ineligible for an SSN to present alternative documentation (for an overview of states’ policies with regard to driver’s license, see this NILC chart). Thus, in New York a driver’s license applicant may present a letter from the SSA stating that the applicant is not eligible for an SSN. Although no state law authorizes it to do so, the New York DMV also requires applicants without an SSN to prove that they are lawfully in the U.S. New York immigrants’ rights advocates estimate that of the licenses that will be suspended, 200,000 will be those issued to immigrants who are ineligible for an SSN and cannot provide proof of lawful status.

The Puerto Rican Legal Defense and Education Fund has filed a lawsuit challenging the New York DMV’s authority to impose a lawful presence requirement on driver’s license applicants. For more on this lawsuit, see “Lawsuit Challenges N.Y. Requirement That License Applicants Present SSN and/or Proof of Lawful Residence,” p. 6 of this issue.