25 states consider driver’s license legislation in 2004
Immigrants' Rights Update, Vol. 18, No. 7, November 8, 2004

At least 46 bills were considered in 25 states in 2004 that addressed immigrants’ access to state driver’s licenses.  While the California debate on granting licenses to immigrants, regardless of their status, dominated the news coverage, the majority of bills did not address the issue of eligibility based on immigration status.  Rather, most bills addressed which documents states should accept as proof of identification to obtain a license and what alternative documents are acceptable if an applicant is not eligible for a Social Security number (SSN).  There were attempts in four states to restrict the issuance of driver’s licenses only to people who are lawfully present in the United States.  All of those efforts failed.

Documents accepted as proof of identification.  States vary greatly in what documents they accept as proof of identification from people applying for  driver’s licenses.  Many states recognize that in order for their residents who are foreign-born to be able to obtain licenses, the state licensing agency must accept a variety of foreign documents.  This year, approximately ten states considered bills that would have either expanded or restricted their acceptance of foreign ID documents, including passports, birth certificates, and consular ID cards.  However, South Dakota is the only state that passed such a law.  The new law prohibits a state agency, state-supported university, or postsecondary technical institute from accepting the matrícula consular card or “substantially similar document issued by the Mexican Consulate” as proof of identification for any purpose.  Ten states currently accept consular ID cards as a form of identification.

Alternatives to the Social Security Number Requirement.  Currently, 47 states allow driver’s license applicants who are not eligible to be issued an SSN to present an alternative to the SSN when applying for a license.  Alternatives to presenting an SSN include presenting an affidavit verifying that the applicant is not eligible for an SSN, or verification from the Social Security Administration that the applicant is not eligible for an SSN, or an Individual Taxpayer Identification Number (ITIN), which is issued by the U.S. Internal Revenue Service to people who are required to have a taxpayer ID number but are not eligible for an SSN.  In 2004, two states changed their policies with respect to such alternatives to the SSN.  After passing a law in 2003 that allowed for the acceptance of the ITIN, in 2004 Kansas rescinded this provision and now accepts a sworn statement that the applicant is not eligible for an SSN.  Illinois also changed its policy in 2004.  Before the new law passed, Illinois required all driver’s license applicants to present an SSN, unless they had “bona fide” religious convictions against obtaining one.  The state now grants temporary licenses to immigrants who are lawfully in the U.S. and ineligible for an SSN.  (For more information on the Illinois law, see “Driver’s Licenses: Illinois Creates Exception to Social Security Number Requirement; N.Y. Assembly Holds Hearing on SSN Verification Process,” Immigrants’ Rights Update, Sept. 21, 2004, p. 4.)

In Michigan, Utah, Washington, and Wisconsin there were failed attempts to restrict eligibility for driver’s licenses only to people who are lawfully in the U.S.  The most heated battle took place in Utah, where an organization called UFIRE (Utahns for Immigration Reform and Enforcement) led a battle to overturn a 1999 law that allows immigrants who are ineligible for an SSN to obtain a license regardless of their status if they present alternative documentation.  While UFIRE attempted to scare policymakers and the public with false claims that the 1999 provision undermines national security, the diverse driver’s license coalition comprised of immigrant advocates, religious leaders, and law enforcement was able to defeat the attempt to overturn it.

Home | About NILC | Publications | Community Education Materials
Immigrants & Employment | Immigrants & Public Benefits | Immigration Law & Policy
Trainings | Links
California Immigrant Welfare Collaborative