STATES CONSIDER MEASURES REGARDING ACCESS OF ILLEGAL IMMIGRANTS TO DRIVERS’ LICENSES

Two states with the largest populations of immigrants have been debating the issue of allowing illegal immigrants get drivers’ licenses. Millions of illegal immigrant drivers in this country could be affected by the debate.

In California, a hotly debated bill allowing undocumented immigrants died this month after a close vote in committee. A law on the books since 1994 in California requires first time driver’s license applicants to prove that they are not illegally in the US. Backers of the bill argued that allowing illegal immigrants to get drivers’ licenses would improve traffic safety. By not allowing illegals to drive legally, they were forcing people to drive on California roads without insurance, testing or licensing. Backers of the bill will try later this year to push through a bill that would allow illegal immigrants with pending immigrant visa petitions to get a driver’s license. Supporters of the bill further argue that the Department of Motor Vehicles should not be in the business of enforcing immigration laws.

California Governor Gray Davis is said to have opposed the failed version of the bill although he has not stated whether he opposes a modified version.

California currently has strict procedures requiring the Department of Motor Vehicles to check INS databases to determine an applicant’s immigration status. While most are approved while applicants wait in line, about 200,000 cases are flagged an sent to the INS for further checking. It can then take several months to get cleared. A bill introduced by a California State Senator would scrap the secondary verification step unless there was reason to believe the applicant’s documents are fraudulent. That bill has passed the Senate in California and now awaits passage in the Assembly.

Florida, on the other hand is moving in the opposite direction of California. It has just implemented a new law getting tougher on illegal immigrant drivers. Beginning this month, first time drivers must show one of five documents before getting a driver’s license –

• a US birth certificate
• a US passport
• a green card
• an employment authorization document
• proof of non-immigrant visa status

They must also show a separate identification document from a list that includes such papers as a marriage certificate, baptism certificate, Social Security Card, birth announcement, or family Bible records.

Some states have recently liberalized requirements, however. For example, Utah no longer requires a Social Security card.

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