Toolkit | Access to Driver’s Licenses

Toolkit | Access to Driver’s Licenses


LEGISLATIVE TESTIMONY, RESEARCH, AND RELATED ISSUES

TOOLKIT CONTENTS

Legislative Testimony

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Testimony for the Maryland House Judiciary Committee on HB 789

“The ACLU of Maryland supports HB 789, which would create a limited-use driver’s license.  Limited-use driver’s licenses would help ensure that more Marylanders have access to the basic necessities of daily life, would improve public safety and security, and would be consistent with the standards set forth in the federal REAL ID Act of 2005.” (ACLU of Maryland*)

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Testimony for the Maryland Senate Judicial Proceedings Committee on SB 715

“The ACLU of Maryland strongly supports this much-needed proposal to expand Maryland residents’ access to a license to drive. Without a license to drive, individuals cannot perform the most essential daily functions and activities, such as taking their children to school, going to medical visits, grocery shopping, keeping medical appointments, or going to and from their places of employment. In addition, expanding access to licenses to drive is critical for highway safety.” (ACLU of Maryland*)

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Testimony in Support of SB 68, SB 628, and HB 6037 to Allow Undocumented Immigrants Access to Driver’s Licenses

“First, we discuss the policy benefits of granting undocumented immigrants driver’s licenses. Second, we discuss the Legislature’s legal authority to expand access to licenses. Third, we discuss the successes other states have had in making driver’s licenses more widely available, including the documentation policies they have used to issue secure, verifiable licenses. Fourth, we briefly discuss additional implementation issues.” (Worker & Immigrant Rights Advocacy Clinic, Yale Law School; Counsel for Congregations Organized for a New Connecticut (CONECT*)

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Statement on Bill 20-275, the “District of Columbia Driver’s Safety Amendment Act of 2013” 

“The ACLU of the Nation’s Capital supports the right of undocumented immigrants to enjoy the protections and freedoms provided by the U.S. Constitution. Bill 20-275 creates the opportunity for undocumented DC residents to obtain driver’s licenses, but Section 8c(d) would make those licenses distinguishable from the driver’s licenses issued to DC citizen residents. Distinguishable driver’s licenses establish a lower-tier ID for undocumented immigrants, rendering them vulnerable to discrimination and harassment by businesses, landlords, security guards, police officers, and other government agents.” (ACLU of the Nation’s Capital*)

Research

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Virginia DMV Data Sharing with ICE: How Does It Happen and How HB2163 Can Stop It (PDF)

The organizations issuing this report conducted a yearlong investigation to determine how the Virginia Department of Motor Vehicles (DMV) shares and sells its data. The DMV maintains one of the largest databases about Virginia residents, containing sensitive personal information such as Social Security numbers, dates of birth, photos, and home addresses. U.S. Immigration and Customs Enforcement’s (ICE’s) access to this information puts drivers who obtain a Virginia non-REAL ID license at risk that it will be used to target them for raids and deportation. The report describes the direct and indirect mechanisms through which ICE can obtain DMV data. These mechanisms include access through the Virginia Criminal Information Network (VCIN) — a criminal justice platform operated by the Virginia State Police — and its portal connecting with the Nlets information sharing network; direct requests by ICE to the DMV for information through case-by-case or batch requests, or (in the past) through direct access to the DMV’s driver query system; and by ICE purchasing data from private companies that buy the data from the DMV. The report describes certain stopgap measures that the Virginia DMV has taken to limit sharing and repurposing of personal information, and supports codification of those measures in legislation. The report describes how proposed legislation would limit use of DMV data for immigration enforcement. (Legal Aid Justice Center, Virginia Coalition for Immigrant Rights, Just Futures Law, and ACLU People Power Fairfax, February 3, 2021)

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Green-Light Georgia Driver’s Licenses for All Immigrants

This report by the Georgia Public & Policy Institute concludes that providing driver’s licenses to immigrants without requiring proof of lawful immigration status would not only benefit them and allow them to conduct essential daily activities, but reforming eligibility requirements and expanding the list of documents required to prove identity would also benefit other groups, such as formerly incarcerated individuals, domestic abuse survivors, and the transgender community. Expanded access to licenses would promote public safety, since unlicensed drivers are more likely to be involved in fatal crashes and to leave the scene of an accident. Having a license facilitates obtaining insurance and may result in a modest decrease in insurance premiums in Georgia. During the COVID-19 pandemic, people would be able to drive their own cars, rather than having to use public transportation and expose themselves to a greater risk of infection. The report concludes that expanded access to licenses would result in a modest increase to Georgia revenue through license issuance, vehicle registration and license fees, and collection of motor fuel taxes and the Georgia Motor Vehicle Title-Ad-Valorem Tax (TAVT). Based on the experience of other states, the report estimates that projected revenue would easily compensate for costs in staff increases and training. The report provides detailed explanations of the methodology used in computing numbers of people who will benefit from expanded access to licenses, numbers of new cars on the road, and revenues. (Stephanie Angel, Georgia Budget & Policy Institute, January 2021)

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Driving Authority for Unauthorized Immigrants (Evaluation Report)

This report by the Idaho Legislature’s Office of Performance Evaluations is the result of a request by legislators for a study of how issuance of driver’s licenses to unauthorized immigrants would affect Idaho in the areas auto insurance, road safety, and the criminal justice system. The report concludes that, while most laws in other states allowing issuance of driver’s licenses without regard to immigration status are too new to provide conclusive data regarding effects on automobile insurance and road safety, “State and national data show that accidents involving unlicensed drivers are three times deadlier than accidents involving licensed drivers. Licensing unauthorized immigrants may reduce the severity of accidents they are involved in. Additionally, two states have experienced a reduction in hit-and-run accidents after giving unauthorized immigrants driving authorization.” In Idaho, driving without a license is now an infraction for which a driver may not be arrested. Therefore, Idaho has already taken steps to lessen the possibility that unauthorized drivers will be arrested and detained by federal authorities for driving without a license. The report recognizes that a significant number of Idaho agricultural and essential workers are unauthorized and concludes that “unauthorized immigrants with access to a driver’s license are more likely to hold a job and work more hours per week than those who do not have access. Obtaining a driver’s license could increase their work productivity and job availability.” The report evaluates the costs of issuing a standard license or a driving authorization card and concludes that revenue from issuance of the licenses or cards would exceed startup and issuance costs. It recognizes that unauthorized drivers may be hesitant to obtain a driving credential if they think their personal information might be shared with federal immigration authorities and recommends that “parameters” be developed to determine what driver’s license information can be shared with them. (Office of Performance Evaluations, Idaho Legislature, January 2021)

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Secure Our Data: Protecting the Privacy of Pennsylvania Residents and Drivers

This report by the Pennsylvania statewide coalition Driving Pennsylvania Forward and the Farmworker Legal Advocacy Clinic, a law student clinic program at the Villanova University Charles Widger School of Law, describes the networks and systems through which Pennsylvania shares driver’s license information with government agencies, including U.S. Immigration and Customs Enforcement, and how agencies can use a Pennsylvania network to run face-recognition searches against driver’s license photos.  It also describes how Pennsylvania sells drivers’ information to private companies. The report makes recommendations for protecting drivers’ information in Pennsylvania databases and for restricting sales to private companies. The report’s findings are based on documents obtained through public records requests to Pennsylvania government agencies made by the ACLU of Pennsylvania and the Farmworker Legal Advocacy Clinic. The appendix to the report includes requests to and responses from the state. (Driving Pennsylvania Forward and Farmworker Legal Advocacy Clinic, September 2020)

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Accounting for Cars: Expanding Access to Driver’s Licenses Regardless of Immigration Status Will Help Virginia’s Bottom Line As Well As Helping Families and Communities

Allowing residents of Virginia to obtain driver’s licenses regardless of immigration status not only makes Virginia and its communities safer and helps immigrants and their families, it also is expected to produce substantial economic benefits for the Commonwealth. Between 124,500 and 160,800 residents would obtain licenses within two years. Car ownership would increase, with an estimated 31,100 and 56,900 additional cars being registered. As a result of additional license plate fees, registration fees, title fees, motor vehicle sales, and use tax, as well as local personal property taxes (excluding the actual driver’s license fees), state revenues would increase by $6.8 million during the first two years of implementation. (Laura Goren, The Commonwealth Institute, January 2020)

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Taking Our Foot Off the Brakes: Why Driver’s Licenses for All Makes Sense

Allowing Michigan residents to obtain driver’s licenses regardless of immigration status would have substantial economic, safety and social benefits. About 55,0000 Michiganders would apply for licenses over three years. That would increase state revenue by $13.5 million and provide $12 in continuing revenue. Of that, $9 million would be from sales and gasoline taxes connected with vehicle ownership. Revenue over ten years would offset costs of license issuance. The number of insured drivers would increase, and insurance premiums would decrease modestly. Hit-and-run accidents would likely decrease. Immigrants’ participation in their local economies would increase, and Michigan’s important agricultural industry would benefit from workers having licenses. An MLPP fact sheet, Sharing the Road: Why Driver’s Licenses for All Makes Sense (PDF), summarizes this report’s findings. (Simon Marshall-Shah, Michigan League for Public Policy, December 2019)

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Top Six Reasons to Expand Access to Driver’s Licenses

The top six reasons to expand access to driver’s licenses: (1) Based on the experience of other states, New Jersey could expect a reduction in fatal car accidents and the number of hit-and-run accidents. (2) Traffic stops when drivers don’t have licenses can result in deportations and family separations, at great social cost. When drivers have licenses, law enforcement can focus resources on critical priorities. (3) Expanded access to licenses would benefit low-income residents, vulnerable groups such as survivors of domestic violence, those who don’t have basic identification documents, unauthorized immigrants, as well those who don’t want to obtain a REAL ID license because of privacy concerns. (4) New Jersey’s high insurance premiums would be stabilized as a result of a larger insurance pool. (5) Access to driver’s licenses enables families to participate in early education and childcare programs. (6) Driver’s license expansion would generate $21 million in revenue from permit, title, and driver’s license fees, and an additional $90 million from registration fees, gas tax, and taxes on motor vehicle sales and auto parts. (Erika J. Nava, New Jersey Policy Perspective, December 2019)

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Safeguarding the Roads: Granting Driver’s License Access to All Floridians

The Florida Policy Institute studied the economic and safety benefits of implementing driver’s licenses for all residents of Florida. Their report found that doing so would generate approximately $68.6 million in revenue for the state within the first three years through driver’s license fees ($16.4 million) and vehicle purchase fees/taxes (registration and title fees, and sales and use taxes: $52.2 million) and would provide better job opportunities for new license-holders. Access to the licenses would improve public safety because more drivers would be tested and insured and fewer accidents and hit-and-runs would occur.  The report urges legislators to protect the confidentiality of driver’s license information, i.e., that it not be shared with federal immigration enforcement authorities. (Alexis Davis, Florida Policy Institute, November 2019)

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Sharing the Road: Licensing All Drivers, Regardless of Immigration Status, Boosts Safety and the Economy

This report from the Massachusetts Budget and Policy Center (MassBudget) provides an overview of the public safety and economic benefits of removing immigration status barriers to obtaining licenses in Massachusetts. According to the report, there are an estimated 184,734 undocumented residents of Massachusetts, and undocumented immigrants contribute about $184.6 million in state and local taxes to the state economy (in addition to the federal taxes they pay). These contributions support Social Security and Medicare programs, despite the fact that undocumented residents are unable to benefit from these programs. MBPC estimates that opening access to driver’s licenses for all Massachusetts residents would generate over $6 million in additional one-time revenue from permit and license fees and $62 million in additional revenue for the insurance industry. In addition, MassBudget estimates that passing the Work and Family Mobility Act will reduce insurance premiums by about $20 per year for all Massachusetts residents.

In addition to outlining economic benefits, the report includes quotations and analysis from law enforcement officials in Massachusetts and across the country that describes how ensuring that every resident is eligible to apply for a driver’s licenses leads to safer roads and increased public safety for everyone sharing Massachusetts roads. (Massachusetts Budget and Policy Center, September 2019)

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Widen the Road: Removing Barriers to Driver License Eligibility Will Improve Safety, Support Families, and Boost Businesses

This report analyzes the benefits of expanding access to driver’s licenses for Wisconsin residents regardless of their immigration status. It explains how a law offering licenses to undocumented individuals would benefit families, communities, and businesses in Wisconsin. The report also documents the contributions that undocumented immigrants make to their communities and the state. It concludes that an estimated 32,000 Wisconsin residents would obtain licenses in the first three years if barriers are removed. The report finds that access to licenses improves the lives and well-being of drivers, their children, and other family members; benefits local economies by making more workers available to businesses, especially dairy farms; improves public safety by ensuring that drivers are trained and tested; and reduces the number of uninsured drivers, lowers insurance costs, and benefits insurance companies that will gain new customers and revenue.

The authors recommend that the state enact legislation that makes licenses available to drivers regardless of immigration status and protects the confidentiality of driver’s license information. The report makes clear that these licenses comply with the REAL ID Act and recommends that the state improve access to insurance by limiting discriminatory pricing practices.

The report is accompanied by a fact sheet in English and Spanish that summarizes the benefits to all Wisconsin residents if immigrants have access to driver’s licenses. (Kids Forward and Wisconsin Budget Project, November 2018)

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The Benefits of Allowing All Immigrants Access to Driver’s Licenses (PDF)

In this issue brief, the Colorado Fiscal Institute analyzes the benefits of ensuring that all immigrants have access to driver’s licenses and expresses concern about the barriers that remained following passage of the Colorado Road and Community Safety Act in 2013. In 2018, 160,000 new immigrants would have been eligible to obtain a license. The report estimates that if all immigrants could obtain a license, Colorado drivers would save $59 million in insurance premiums, insurance companies could receive increased revenue of $118 million annually, and state and local governments could receive increased revenue as drivers registered their vehicles. The report summarizes the benefits achieved in New Mexico and Utah in uninsurance rates and certain accident rates. A summary of the issue brief as well as a fact sheet (PDF) are also provided. (Colorado Fiscal Institute, January 2018)

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Empirical Studies Support Issuance of Driver’s Licenses Without Regard to Immigration Status

As of August 2017, 12 states plus the District of Columbia and Puerto Rico issued “marked” licenses to drivers regardless of their immigration status. Proponents of these licenses have received strong support from law enforcement officials, who argue that the licenses promote public safety. The licenses ensure that drivers are trained and tested and able to obtain insurance. Drivers who have licenses are able to identify themselves and are more willing to interact with police and other government agencies. Officers, who won’t need to pursue these residents for driving without a license, can expend their limited resources on other law enforcement priorities. And researchers argue that expanding access to licenses leads to better job matches and improvements to the economy.

Implementation of the new driver’s license laws offers an opportunity for scholarly research about their impact. As described in this summary of research findings published by various entities, to date the results of empirical studies support issuance of the licenses. (National Immigration Law Center, Aug. 2017)

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Punishing Immigrants for Sprawl

This article explains why immigrants residing in the U.S. need to be able to drive, and it describes the immigration and criminal justice consequences of not having a driver’s license. The article documents the consequences for people of color of driver’s license and traffic laws aimed at immigrants, as well as racial profiling in traffic stops. It includes useful links to studies demonstrating these broader impacts, which may be helpful in challenging driver’s license restrictions purportedly directed at immigrants. (Tanya Misra, The Atlantic’s CityLab, May 23, 2017)

Two of the reports to which the CityLab article links are the following:

  • Manufacturing Felonies: How Driving Became a Felony for People of Color in Georgia. This study explains how a Georgia law that makes driving without a license a felony (designed to target immigrants) has a disparate impact on people of color, especially African Americans and Latinos. (Advancement Project and Georgia Latino Alliance for Human Rights (GLAHR), March 2016)
  • Paying More for Being Poor: Bias and Disparity in California’s Traffic Court System. This study explains how traffic stops and arrests for traffic violations are directed disproportionately at people of color, especially African Americans, subjecting them to fines and fees that are among the highest in the country, as well as to the loss or suspension of their driver’s licenses. (Lawyers Committee for Civil Rights of the San Francisco Bay Area, May 2017)

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Providing Driver’s Licenses to Unauthorized Immigrants in California Improves Traffic Safety

This peer-reviewed study by three Stanford University researchers examines the short-term traffic safety effects of the California law (AB 60) allowing immigrants who are unauthorized to be in the U.S. to obtain driver’s licenses. The study concludes that the new licenses reduced the occurrence of hit-and-run accidents, with resulting improvements in public safety and reduced costs for California drivers. The authors find that the 10 percent decrease in hit-and-run accidents attributable to the law prevented 4,000 hit-and-run accidents, saved $3.5 million in out-of-pocket expenses, and transferred $17 million in costs to at-fault drivers (meaning that accident costs were charged to the responsible party rather than to the victims of hit-and-run drivers and their insurers). This study provides critical empirical evidence of the benefits of issuing licenses to all eligible state residents, regardless of their immigration status. (Hans Lueders, Jens Hainmueller, and Duncan Lawrence, excerted from Proceedings of the National Academy of Sciences, April 2017)

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Expanding Access to Licenses

This report analyzes the costs and benefits of expanding access to driver’s licenses to New York state residents, without regard to their immigration status. It concludes that an estimated 265,000 immigrants would get a license; an estimated 97,000 cars would be purchased and registered in the state; an estimated $57 million in combined annual government revenue, plus $26 million in one-time revenues revenue generated from driver’s license fees would easily outweigh any costs; and the state would experience additional benefits in terms of better job match, increased contributions to the local economy, reinforcing New York’s position as a state that welcomes and benefits from immigrants, improved public safety, and a modest decrease in insurance costs. (David Dyssegaard Kallick and Cyierra Roldan, Fiscal Policy Institute, Jan. 31, 2017)

The Fiscal Policy Institute released the following two reports to accompany the one described above (also dated Jan. 31, 2017):

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The Road to Opportunity: Granting Driver’s Licenses to All New Yorkers

This report uses data from the New York State Department of Motor Vehicles and the U.S. Census Bureau to predict that up to 150,000 undocumented immigrants in New York City would be eligible for a license if made available to them.  The report concluded that the benefits of extending driver’s privileges to all New Yorkers would enhance public safety, provide increased financial stability for families, increase employment opportunities, and lower auto insurance premiums.  The report also concluded that increased revenues would generate up to $9.6 million  in driver’s license fees, with an additional $1.3 to the Metropolitan Transportation Authority and would boost auto sales by 2.7 percent, with resulting increases in registration and title fees, vehicle use taxes and gasoline sales taxes.  These revenues would offset program costs. (Office of New York City Comptroller, Jan. 31, 2017)

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AB 60 Driver Licenses Believed to Cause 2015 Bump in Insured Vehicles

A preliminary analysis by the California Department of Insurance highlights the positive impact of AB 60 (California’s law granting driver’s licenses to individuals who do not have proof of authorized presence in the U.S.) in reducing the number of uninsured drivers. The insurance commissioner reported that “in 2015, the first year since the passage of AB 60, the number of insured vehicles increased by 200,000 more vehicles than would have been expected.” (Calif. Insurance Commissioner Press Release, Nov. 17, 2016)

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A Legal and Policy Analysis of Driver’s Licenses for Undocumented Rhode Islanders

This is a two-part report. The legal section analyzes legislation proposed in Rhode Island that would allow undocumented drivers to obtain driving privileges, comparing the bill to the approaches taken in 14 other states. The report examines the identity and residency requirements as well as states’ compliance with the REAL ID Act.  The policy section concludes that expanding access to driver’s licenses would not lead to an increase of undocumented immigrants into the state; the percentage of uninsured drivers is higher in states without these policies, and the cost of insurance and incidence of traffic fatalities are lower in states where residents can obtain a license regardless of their immigration status. The estimated fiscal revenue for issuing such licenses is between $200,000 and $800,000.  The policy report recommends additional research and concludes that issuing driver’s licenses to undocumented drivers would lead to safer roads and potentially better economic opportunities. The report recommends establishing a clear list of requirements and eligibility criteria for issuing licenses, as well as an outreach and education campaign. (Deborah Gonzales and Peter Margulies, “Driver’s Licenses for Rhode Island’s Undocumented Residents: a Legal Analysis”; and J. Alejandro Tirado-Alcaraz, “Issuing Driver’s Licenses to Undocumented Immigrants in Rhode Island: Policy Analysis”; June 2016)

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The Economic Costs Associated with the Removal of Driver’s Licenses for Undocumented Immigrants in New Mexico

The authors of this study conclude that “repealing access to driver’s licenses for unauthorized immigrants will cost the New Mexico economy $38.5 million annually due to decreased labor force productivity among those impacted by the policy change.” Their conclusions are based on an analysis of “changes in state driver’s license policies across the U.S., after the passage of the Federal Real ID Act but before the implementation of the Deferred Action for Childhood Arrivals (DACA), to estimate the impact of this policy on labor market outcomes.” The economic effects of repealing the current law would be felt by all New Mexico residents. (Joaquín Alfredo-Angel Rubalcaba and Melina Juárez, Center for Health Policy at the University of New Mexico, Feb. 2016)

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Integrating the Undocumented Community: A Qualitative Exploration of the Process for Obtaining DC’s Limited Purpose Driver’s License

Researchers conducted 75 interviews to study the implementation of the District of Columbia’s Driver’s Safety Amendment Act of 2013, which extended driving privileges to undocumented immigrants. The study provides critical lessons regarding the steps that states should take to ensure that eligible immigrant drivers are able to obtain licenses—and to avoid barriers that interfere with this goal. The researchers found that “although important steps have been made to increase undocumented immigrants’ access to the license, major challenges persist. Undocumented immigrants undergo a different process from individuals obtaining a regular license; this process results in an extended waiting period before obtaining it. The research also determined that a lack of interpreters and the use of phone-interpretation discourages and impedes undocumented immigrants from completing the process. Other factors, such as immigrants’ limited technology skills, lack of knowledge of … DC driving rules and lack of familiarity with the multiple-choice test format also were identified as barriers to passing the required tests and completing the process.” Applicants who were able to get help from community-based organizations fared better in obtaining licenses. The report recommends improving the application process, including phasing out the appointments system, strengthening language access, and increasing accessibility of study materials to help applicants pass the knowledge and road skills test. (Center for Social Justice Research, Teaching & Service at Georgetown University; Central American Resource Center; and Trabajadores Unidos de Washington, DC; Jan. 2016)

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Hands on the Wheel: Improving Safety and Boosting Communities through Removing Barriers to Driver’s Licenses

Makes the case that “[e]xpanding access to driver’s licenses would increase safety and help Virginia’s economy and communities.” Drivers who are trained, tested, and licensed are less likely to be involved in fatal traffic accidents or to leave the scene of an accident, and have greater access to car insurance. Obtaining licenses would help drivers carry out daily activities and secure work, and could result in lower insurance costs for everyone. Finally, expanding access to licenses would not have a major fiscal cost for the state. (Commonwealth Institute for Fiscal Analysis, Jan. 2016)

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Factors Influencing the Number of Alternative Driver’s Licenses Issued by States

This report is a follow-up to an earlier Pew report (Deciding Who Drives) that explores how 11 states, plus the District of Columbia, designed and implemented laws allowing for the issuance of “alternative” licenses to unauthorized immigrants. This second report discusses the number of alternative licenses issued to unauthorized immigrants in states implementing these laws, the factors affecting the numbers, and the differences from earlier projections. (The Pew Charitable Trusts, Nov. 2015)

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Licenses for Immigrant Drivers in Massachusetts

Discusses how expanding access to driver’s licenses for immigrants regardless of immigration status would affect public safety and accountability, state revenues, and the well-being of working families. Reviews some issues involved in implementing such a policy. (Massachusetts Budget and Policy Center, Sept. 15, 2015)

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Deciding Who Drives: State Choices Surrounding Unauthorized Immigrants and Driver’s Licenses

This report “highlights the decisions and experiences of policymakers and issuing agencies in 11 jurisdictions that issue driver’s licenses to unauthorized immigrants.” It identifies four areas in which these states have taken different approaches: scope (covering expected application numbers and cost); eligibility standards; issuance procedures; and outreach and education. It concludes that it is essential for states to plan carefully in “assessing the affected population and accounting for the needs of issuing agencies”; to use available expertise to design their programs to meet the needs of target groups and take into account existing workloads; and to ensure that the target groups know about the license-issuing process. (The Pew Charitable Trusts, Aug. 2015)

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Results from a Nationwide Survey of DACA Recipients Illustrate the Program’s Impact

A survey of 546 Deferred Action for Childhood Arrivals (DACA) recipients in 34 states and the District of Columbia found that after receiving DACA, 89 percent of respondents obtained a driver’s license or state ID for the first time, 21 percent bought their first car, and 96 percent of those who bought a car bought auto insurance. The average cost of car purchases in the sample was $22,559 for new cars and $9,607 for used cars. These purchases boost state revenues, with most states collecting between 3 and 6 percent of the price in sales tax, as well as registration and title fees.  The report also illustrates that the DACA grantees experienced a 45 percent wage increase, as well as an improved ability to complete their education. (Tom K. Wong, Kelly K. Richter, Ignacia Rodriguez, and Philip E. Wolgin, July 9, 2015)

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Driver’s Licenses for All: The Key to Safety and Security in Pennsylvania

Examines the public-safety and human and economic benefits of expanding access to licenses in Pennsylvania, including an estimated increase in state revenues. Also describes the costs of not changing current law. Includes the results of a survey of Spanish- and Portuguese-speaking undocumented immigrants in Pennsylvania, illustrating the effects on individuals and their family members of not having a driver’s license. (Social Justice Lawyering Clinic at the Stephen and Sandra Sheller Center for Social Justice at Temple University Beasley School of Law, on behalf of Fight for Driver’s Licenses, June 2015)

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The Effect on Insurance Costs of Restricting Undocumented Immigrants’ Access to Driver Licenses

This report “empirically assesses the effect on the average cost of auto insurance of restricting undocumented access to legal driving documents.” According to the authors, the empirical evidence supports cost reduction and public safety arguments in favor of giving undocumented drivers access to licenses. The report concludes that preventing undocumented drivers from driving legally raises insurance rates in general. (Mauricio Cáceres and Kenneth P. Jameson, Southern Economic Journal, Vol. 81, Issue 4, Apr. 2015)

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Final Report and Recommendations of the Undocumented Motorist Safety & Insurance Task Force

Summarizes the work of the Delaware Undocumented Motorist Safety & Insurance Task Force, established by a 2104 General Assembly Concurrent Resolution. The report describes how allowing all drivers to be tested and insured serves public safety and recognizes the contribution of undocumented immigrants to the Delaware economy and the state’s communities. It recommends that the Delaware legislature pass legislation authorizing a driving-privilege card, as well as a “Trust Act” that would prevent use of information provided in an application about the applicant’s undocumented status from being used for other purposes. (Delaware Undocumented Motorist Safety & Insurance Task Force, Dec. 2014)

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Share the Road: Allowing Eligible Undocumented Residents Access to Driver’s Licenses Makes Sense for New Jersey

Report by a New Jersey think tank arguing that “[a]llowing all residents the opportunity to drive legally would make New Jersey safer, help its economy and increase the well being of many families.” (New Jersey Policy Perspective, Sept. 30, 2014)

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Living in Car Culture Without a License

Details the benefits to individuals and communities of providing access to driver’s licenses for unauthorized immigrants. The report explains that communities suffer when driving restrictions prevent their residents from participating fully in economic and social life. It also examines how expanding access to driver’s licenses contributes to public safety, while failing to offer licenses contributes to a hostile environment with long-term negative effects on communities. It notes that the REAL ID Act does not prevent states from issuing licenses to eligible drivers, regardless of their immigration status. (Sarah E. Hendricks, Ph.D, Immigration Policy Center, Apr. 24, 2014)

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Licensing All Drivers in North Carolina: A Policy that Supports Public Safety and Boosts the Economy

Describes the potential economic and public safety benefits of making driver’s licenses available to all qualified drivers in North Carolina, regardless of their immigration status. (Budget & Tax Center, a project of the North Carolina Justice Center, April 2014)

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Estimation of Fatal Crash Rates for Suspended/Revoked and Unlicensed Drivers in California

This California Dept. of Motor Vehicles report concludes that drivers whose licenses have been suspended or revoked and unlicensed drivers “are much more hazardous on the road than are validly licensed drivers. Compared to licensed drivers, those who drive without a valid license are nearly three times more likely to cause a fatal crash relative to their exposure.” (Sukhvir S. Brar, Research and Development Branch, Licensing Operations Division, Calif. Dept. of Motor Vehicles, Sept. 2012)

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Licensing Immigrant Motorists in Illinois and Improving Road Safety for All

“In the State of Illinois, licensing undocumented motorists would conserve resources, increase road safety, and create additional revenue in fees. This brief suggests policy options that would provide a legal means for undocumented immigrants to drive to work and, consequently, increase both road safety and State revenues.” (Diana M. Guelespe & Ruth Gomberg-Munoz, 2012*)

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Unlicensed to Kill

“Previous studies by the AAA Foundation for Traffic Safety have found that approximately one in five fatal crashes involved an unlicensed or invalidly licensed driver. This study presents new data on unlicensed and invalidly licensed drivers in fatal crashes over years 2007–2009, and examines trends in crashes involving unlicensed or invalidly licensed drivers from 1990 through 2009.” (AAA Foundation for Traffic Safety, Washington DC, Nov. 2011)

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Assessment of the Socioeconomic Impacts of SB 1080 on Immigrant Groups

Study of the impact of Oregon’s law imposing immigration restrictions on driver’s licenses. From the report’s abstract: “Interviews with nearly 400 Spanish-speaking Oregon residents, conducted in the Summer of 2009, indicate distress and uncertainty in the Latino community, fear of deportation arising from a traffic stop, a significant number of people driving without a license and adjustments within households that reduce access to employment, education, medical and social services, church attendance and recreation. The full range and magnitudes of impacts cannot be known with certainty until SB 1080 is fully implemented in 2016, and the economy has recovered….” (Mary C. King, et al., prepared for the Oregon Department of Transportation and the Federal Highway Administration, June 2011)

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Recession Marked by Bump in Uninsured Motorists: IRC Analysis Finds One in Seven Drivers Are Uninsured

This news release says: “In a new study, Uninsured Motorists, 2011 Edition, IRC estimates the percentage of uninsured drivers countrywide and in individual states for 2008 and 2009. The IRC estimates are based on the ratio of uninsured motorist (UM) insurance claim frequency to bodily injury (BI) claim frequency.” An attached map and table show the percent of uninsured motorists by state in 2009, according to the Insurance Research Council’s estimates. (Insurance Research Council news release, Apr. 21, 2011)

Related Issues

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Immigration Status Verification for Benefits: Actions Needed to Improve Effectiveness and Oversight

As required by the 2016 DHS Appropriations Act, the Government Accountability Office (GAO) conducted a study of U.S. Citizenship and Immigration Service’s (USCIS’s) Systematic Alien Verification for Entitlements (SAVE) system. SAVE is used by federal, state, and local agencies to verify immigration status or naturalized or derived citizenship status in a wide range of circumstances, such as for public benefits programs, driver’s and other licenses, educational assistance, and voting.  This 2017 report outlines significant deficiencies in the system and makes recommendations for improvements.

GAO found that the majority of agencies that received a SAVE response prompting additional verification of status did not complete the required steps. In addition, GAO found that the mechanisms for individuals to obtain access to DHS records, correct incorrect information, and seek redress with DHS were “largely ineffective and unlikely to enable benefit applicants to make timely record corrections.” The report also criticized USCIS’s program for monitoring agencies’ use of SAVE in accordance with the memorandum of agreement they signed with USCIS.  The consequences of the deficiencies outlined in the report are wrongful denial of the benefit sought, as well as inability of benefit applicants to challenge the wrongful denial.

Among many other requirements, the REAL ID Act requires states to verify immigration status through SAVE for their driver’s licenses to be deemed acceptable for certain federal purposes. The SAVE system’s deficiencies therefore could impede an eligible driver’s ability to obtain a REAL ID compliant or other form of driver’s license in many states. (U.S. Govt. Accountability Office, GAO-17-204, Mar. 2017)

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The High Cost of Immigration Enforcement in Colorado: Social and Economic Consequences of Article 29 of Title 29 of the Colorado Revised Statutes (SB90)

Using data gathered from a statewide hotline, this study calculated economic and social costs of law enforcement involvement in immigration enforcement, including lost wages, lost jobs, and changing work habits. Seventy-five percent of the hotline sample was reported to ICE following a driving related incident, including speeding, failure to use a turn signal, broken taillights and not having a valid Colorado driver’s license. The study demonstrates the centrality of driving offenses in the involvement of law enforcement in immigration enforcement and provides a model for calculating the costs of the involvement. (Colorado Fiscal Institute, Mar. 26, 2013)

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Misplaced Priorities: SB 90 and the Costs to Local Communities

This study does not specifically deal with driver’s licenses or other driving-related offenses; however, it provides a useful model for calculating the costs for a  state or locality of arresting, reporting and detaining possible undocumented immigrants charged with low level crimes. As indicated by the subsequent Colorado Fiscal Institute report, driving offenses, including driving without a valid Colorado driver’s licenses, constitute the bulk of the offenses leading to immigration enforcement. (Colorado Fiscal Institute, Dec. 1, 2012)

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