Issue of the Week LXX: What Should States Require of An Immigrant to Receive A Driver’s License?

February 3, 2014
Written by Amy Taxin in
National Collegiate Dialogue
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States with high immigrant populations, especially California, are grappling with the issue of how best to issue driver’s licenses
States with high immigrant populations, especially California, are grappling with the issue of how best to issue driver’s licenses. Photo Credit: lation.foxnews.com

Immigrants who are in the United States illegally are often called "undocumented" despite carrying a long list of papers: passports, consular ID cards, birth certificates from their home countries, and those of their children born here.

The question remains which documents will constitute a golden ticket for them to be able to apply for long-awaited driver's licenses in the Golden State next year.

California officials are trying to strike a balance between having a secure license and making it accessible to immigrants who are currently prohibited from driving. The key is ensuring immigrants prove they are who they claim to be and preventing fraud without making the requirements so onerous that people give up on trying to get a license.

"We can't make it too restrictive," said Jan Mendoza, a spokeswoman for the state's Department of Motor Vehicles. "But we have to have the integrity of, this person is who they are and this person lives in California."

California has proposed allocating $67 million in next year's budget to issue the licenses. The state plans to open five dedicated offices and hire up to 1,000 temporary workers to process roughly 1.4 million applications expected over the program's first three years, said Lizette Mata, deputy director of special projects at the DMV.

California may be the biggest, but it's hardly the first state to grapple with the issue. Eleven states have enacted laws to issue driver's licenses to immigrants in the country illegally, many of them over the last year, according to the National Immigration Law Center.

To obtain a license in California, immigrants will have to prove their identity and that they reside in the state, sign an affidavit, and pass written and road tests like other drivers. The licenses will contain a distinct marking and cannot be used as federal identification.

Immigrant advocates are urging state officials to keep an open mind on documents that could prove an immigrant's identity, such as foreign driver's licenses or voting cards. Some suggest that immigrants ought to be able to use their children's U.S. birth certificates, school records or baptismal records to demonstrate their own identity.

"Because we are dealing with the undocumented population, we want to make sure we have unconventional ways for people to prove their identity," said Ronald Coleman, government affairs manager at the California Immigrant Policy Center.

In Illinois, which started issuing the licenses last year, immigrant advocates tried to get documents belonging to the U.S.-born children of immigrants included, but state officials decided against it, said Fred Tsao, policy director at the Illinois Coalition for Immigrant and Refugee Rights. Illinois initially considered requiring immigrants to submit their landlords' contact information to demonstrate residency but backtracked after immigrants feared they could be evicted once their status was disclosed, he said.

Many immigrants carry a host of documents so legal and some fraudulent. The challenges is determining that the applicant is who he or she claims they are.

In California, advocates are worried consulates may not be equipped to handle a deluge of passport applications. Another concern is immigrants who came to the U.S. fleeing violence but who may not have applied for - or qualified for - asylum, and whether they'll feel comfortable going to a government office from the country they left.

"As much as I would like the process to be easier, I don't foresee a process that does not require a governmental type of identification," said Martha Arevalo, executive director of the Central American Resource Center in Los Angeles. "I don't see the state going for that."

In addition to identity, other states also require immigrants to prove residency through leases, utility bills and other documents to prevent people from crossing state lines to seek a license. In 2006, Tennessee stopped issuing driving documents to immigrants in the country illegally after several cases of fraud showed the cards were heading out of state.

Earlier this week, about 200 people attended a workshop in Sacramento to provide input to California on which documents immigrants can and can't readily get. A second workshop is planned for Southern California in February.

Maria Eugenia Galvan, a 44-year-old hair stylist from a Los Angeles suburb, said she has a Mexican passport and birth certificate and is ready to apply. But she worries about friends who don't have such papers and may have to get a relative to unearth birth certificates issued years ago in small, remote Mexican villages.

Her main concern, however, is price: California officials have yet to decide how much the new licenses will cost, but Galvan can't afford to go without one.

"A police officer stopped me one time, and he took my car," Galvan said, adding that she also got cited for not having insurance. "We had to pay $1,200 in fines."

Copyright 2014 The Associated Press.

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Comments

Just patching a leak in a sinking ship

Submitted by PARKS2014-34 on

Of course immigrants need drivers license, it is impossible for them to make it in this country if they can not even be mobile. While it does seem kinda strange that people in the country illegally could obtain one, I still feel it is important. That being said, these smaller issues should really just bring up the larger ones. We need larger immigration reform making our country safer and less difficult for people who want to come here legally.

immigrants go through hell in

Submitted by PARKS2014-09 on

immigrants go through hell in order to gain their citizenship. some are never granted the means to gain their citizenship so yes they are here illegally. but they do this so that they may be free to do as americans do; they come here for a better life.it is not their fault where they were born, they didnt choose it. but they did choose to be apart of the american culture. so they should have to choice to drive. yes they are breaking the law, but most often immigrants come here to ensure a better life for themselves and their families. i think if they dont have a good reason then no they shouldnt be allowed this sort of luxury, but if they can prove they are here for a purpose then i dont want to be the one to deny food from the mouths of their families.

It Depends

Submitted by PARKS2014-11 on

In the case of what states should require of an immigrant is a big topic but it seems that most are urging that a large majority would be illegal. People assume that an immigrant is someone illegal and should be deported immediately, I want to tell people that this isn't true, I am an immigrant and I have been here for 13 years but I had no problem getting my license. I believe though if you can prove that you or your kids who are old enough are citizens, then you should be able to get a license. If you really look at it the question shouldn't be are they legal, it should be did they pass the drivers test.

If a person is an 'illegal'

Submitted by PARKS2014-24 on

If a person is an 'illegal' immigrant, would the driver's licenses be illegal? Isn't that almost the same thing as a fake id? the only difference is ones an age and the other is an actual person that can be deported. Why are we judging these immigrants when they are people also. We don't truly know them so how do we know that they are different than us besides the language? They could be just trying to provide for their families just like we are trying to do.

In My Opinion

Submitted by PARKS2014-10 on

In my opinion these immigrants should be granted a license if they can pass the written test and driving exam and can prove their identity with proper documentation. It does not grant them citizenship, it only gives them permission to drive. I am also an immigrant and I am here LEGALLY. I was given a very hard time when getting my state driver's license and was almost discriminated against. I did finally get it. It only shows that I have passed the required tests to drive here in the United States. Whatever the states decide, I think there needs to be a list of guidelines for all states to follow when giving licenses to ANY person.

No

Submitted by PARKS2014-01 on

I am nor American and I still believe that it should not exist this option. United States must not accept or give benefits to people who cross the frontier illegally. This is because that is not right, and also it is not safe at all. If a country did not control each person, the country do not know anything about that certain person, which means it could be a potential criminal. Also if a country gives an ID to ilegal inmigrants they shall have an official document from Us, which seems pointless to me. Maybe United State should create another office that would help this kind of people. But make an officiall process to make them legal citizens in the begining after the adequate rutine of identity check.

Being an illegal immigrant,

Submitted by PARKS2014-16 on

Being an illegal immigrant, by law, one does not have the right to receive any benefits or services that the citizens receive but morally we can not deny a person the right to live and choose where they want to succeed with their lives. Illegal immigrants though not all but some are usually victims of abuse, torture or mistreatment and/or poor living conditions in their homes and so they seek a better life elsewhere. So one must ask themselves denying them such rights, how does that violate the moral code of our societies? Maybe the reason they dont have legal papers is due to a strict system or costly processes that they obviously can not afford. Thus, California and other states should loo to make these processes accessible and affordable for immigrants.

Illegal immigrants with legal rights?

Submitted by PARKS2014-02 on

I was also very confused by this article and agree with some of the comments that state that someone who is here illegally should not be able to acquire legal documents. This is a complex issue because of anchor babies and the fact that if you are born in America you automatically get a passport here, a crazy idea in itself, but I don't see the benefits to California for providing this kind of identification.

DL

Submitted by UCCSWEST-S2014-31 on

I believe every state should allow immigrants to have a drivers licenses. I don't believe it is a privilege but a need for safety. There are certain rules to follow on the road, which drivers without proper teachings aren't aware of. Also those that are driving will be required to carry auto insurance, which will help insurance costs decrease since the need of covering uninsured motorists wouldn't be a requirement in states with a higher ratio of immigration.

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