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US States Issue Licenses to Illegal Immigrants, Despite Controversy
President Barack Obama – Source: Whitehouse.gov
Immigration reform has been a thorny issue in US politics in recent years with conservative and liberal leadership taking opposing positions on finding a legal path for undocumented immigrants. It has also become a major issue in the 2016 presidential race, especially given the fiery comments of billionaire Donald Trump of the Republican Party. Donald Trump's unfiltered comments against illegal immigration has made him a leading light for many opposed to immigration just as well as it made him the cannon fodder of the season's Republican campaign.
However, while politicians bicker over the issue, more than a dozen states have been taking measures to accommodate undocumented immigrants, from providing sanctuary to issuing driver's licenses and identification documents to them.
Some states issue such driver's licenses because, in their view, it helps public safety on the roads by ensuring that only licensed persons drive on their roads. They argue that it also provides a boost to their local economy. Some of these states have enacted laws to issue driver's licenses to undocumented immigrants who are eligible for work permits under the Obama administration's executive policy – the Deferred Action for Childhood Arrivals program. The Obama policy seeks to shield undocumented immigrants who arrived US as children, and grew up here, from deportation.
In many cases, however, the licenses issued by these states have limited purposes. They are not valid for federal identification purposes and other official business. In some instances the licenses may be used only as evidence of a grant of driving privileges.
Generally, all the states that issue driver's license to undocumented immigrants require applicants to establish residency in the particular state and provide some form of identification. Social security numbers are rarely a requirement for obtaining these licenses.
Some states have also enacted a key provision in their laws that information provided for the licenses, may not be used against the undocumented immigrants for purposes of enforcing immigration laws.
To many of the beneficiaries of these state driver's licenses, the concern remains that they still cannot drive in other states where non-citizen ID is not permitted. It is also not quite clear what it would mean for them if they have to display or show this identification in states that do not recognize the non-citizen ID.
What is clear so far is that undocumented immigrants will not be allowed to use the license to enter federal buildings or board an airplane because the government still considers the IDs and their holders unlawful, and in order to comply with a new federal law on secure ID cards, states that issue the licenses have to distinctly mark the limited-purpose driver's licenses.
Also, due to a preliminary injunction by a Federal Court in Texas that blocked President Obama's Executive Order on Immigration , issuance of driver's licenses to undocumented immigrants who are eligible for work permits under the Deferred Action for Childhood Arrivals program are currently stalled in those states that enacted laws for that purpose. The lawsuit at the Federal Court in Texas was brought by 26 states challenging President Obama's executive action as unconstitutional and are using the preliminary injunction to block the commencement of the provisions of the executive action.
On Tuesday, April 7, 2015, the same court rejected the US Department of Justice application to remove the preliminary injunction. The Obama administration appealed the injunction and asked the 5th Circuit Court of Appeals to set aside the Judge's order. The Justice Department argued that immigration policy is in the exclusive domain of the federal government, therefore, states do not have the legal right to bring the action. On the other hand, Texas argued that it has a stake to bring the legal action because Texas will incur the costs of providing drivers' licenses, schooling and health care to immigrants granted permission to stay in the United States by Obama's executive order. Also on April 6, 2015, New York City Mayor, Bill De Blasio announced that 73 cities and counties including New York City and Los Angeles have filed a new friend of the court brief in the 5th Circuit Court of Appeals in the Texas vs. United States lawsuit, urging immediate implementation of Obama's executive actions on immigration. On May 26, 2015, however, the 5th Circuit Court of Appeal upheld the Texas District court injunction and denied the motion for stay and the request to narrow the scope of the injunction. (See, State of Texas, et al vs. United States of America, et al., Case No. 1:14-cv-00254, United States District for the Southern District of Texas, Brownsville Division). The matter may end up in the US Supreme Court eventually.
The Obama administration announced the DACA program in June 2014, and it went into effect in August 2014.The federal initiative gives two years of legal status to immigrants who came to the country illegally as children, bestowing the same rights as any U.S. citizen, such as going to school, being able to work and driving a car. The status is renewable every two years.
Meanwhile, the states currently issuing driver's licenses to undocumented immigrants or have enacted laws to issue such driver's licenses include:
CALIFORNIA
California has a law that permits the Department of Motor Vehicles to issue driver's licenses to undocumented immigrants who are eligible for work permits under a new policy handed down by the Obama administration.
Applicants must submit proof of identity and state residency and pass a written test to get a driving permit. Those who don't possess foreign government-issued identification on a list of approved documents can be interviewed by a DMV investigator to see if they qualify.
Immigrants must pass a road test to get the license, which will be marked with the words "federal limits apply." Those who have licenses from other states are not required to take the road test again
Illinois
To qualify, applicants must prove they have lived in Illinois for at least a year and show they are ineligible for a Social Security card. Documents that will be accepted include a copy of a lease, utility bills and a valid passport or consular identification card. Immigrants must pass a vision, written, and road test.
Maryland
Motorists who pass a driving test and can prove two years' residency — even if they cannot prove lawful status in the country — would be able to apply for the second-tier license. Those licenses would have all the driving privileges of other Maryland licenses but could not be used as federal identification.
New Mexico
To qualify, applicants must prove they live in New Mexico and provide individual taxpayer identification number as a substitute for a Social Security Number (SSN). Acceptable documents include a copy of a lease, utility bills and a birth certificate, valid passport or consular identification card. New Mexico was one of the first states to offer licenses to immigrants regardless of status.
Oregon
To qualify, applicants must prove they have lived in Oregon for more than one year and provide a written statement that they have not been assigned a Social Security card. Documents that will be accepted include a copy of a lease, utility bills and a valid passport or consular identification card. Immigrants must pass a vision, written, and road test. Oregon offers licenses to immigrants regardless of status.
Utah
To qualify, applicants must prove they live in Utah and provide individual taxpayer identification number as a substitute for a SSN. Documents accepted include a copy of a lease, utility bills and a birth certificate, valid passport or consular identification card. Fingerprinting of all applicants are required.
Washington
To qualify, applicants must prove they have lived in Washington for at least six months and show they are ineligible for a Social Security card. Documents accepted include a copy of a lease, utility bills and a valid passport or consular identification card. Immigrants must pass a vision, written, and road test.
Colorado
To qualify, applicants must prove they have lived in Colorado for at least two years and provide individual taxpayer identification number as a substitute for a SSN. Documents accepted include a copy of a lease, utility bills and a valid passport or consular identification card. Immigrants must pass a vision, written, and road test. Colorado has reciprocal agreements with Canada, France, Germany, and the Republic of South Korea. If you have a driver's license from any of these countries, the testing requirements will be waived.
NEVADA
Those applying for the driving privilege cards must show some proof of their identity as well as evidence of Nevada residency and insurance. New drivers must pass a driving test, and pay to retake the test if they fail. The information provided for the licenses, however, may not be used against them for purposes of enforcing immigration laws, a key provision in a state like Nevada where about a fourth of all residents are Latino.
NORTH CAROLINA
State transportation officials announced plan to begin issuing driver's licenses and ID cards effective from March 25, 2015 to immigrants who were brought to the United States illegally as children but qualify under a federal program that blocks deportation and grants work permits.
The Deferred Action for Childhood Arrivals program blocks deportation and grants work permit to immigrants brought to the United States as minors without authorization. Eligible applicants include high school students, high school graduates, those with a GED and those who have served in the military and have no felony convictions or significant misdemeanors.
CONNECTICUT
Undocumented immigrants with federal documentation proving their deportation proceedings have been deferred will receive an “unverified” license valid for driving within the state of Connecticut.
RHODE ISLAND
Rhode Island is considering a bill that would allow the Department of Motor Vehicles to issue driving privilege licenses and permits to applicants who are living in the United States illegally from 2016 to ensure that all drivers, regardless of their immigration status, are trained, tested and insured when driving.
OHIO
Deputy registrars are now instructed to issue temporary licenses to persons qualified under the Deferred Action for Childhood Arrivals program, after the applicant's immigration status is confirmed through a federal data base.
WEST VIRGINIA
To qualify, applicants must prove they live in West Virginia and show they are ineligible for a Social Security card. Documents that will be accepted include a copy of a lease, utility bills and a valid passport or consular identification card. Immigrants must pass a vision, written, and road test.