Tighter License Rules Hit Illegal Immigrants

Daniel C. Vock, Stateline.org (Washington, D.C.), August 24, 2007

Even where it’s legal, it’s getting tougher for illegal immigrants to get driver’s licenses.

The handful of states that issue licenses to illegal immigrants are stepping up efforts to combat fraud and identity theft. That means stricter rules for ensuring immigrants live in-state and are who they say they are.

In the last year, North Carolina and Tennessee stopped issuing licenses to illegal immigrants altogether. Meanwhile, New Mexico’s motor vehicle agency enlisted the Mexican government to help the state check the identity of would-be drivers. Maine is working to start limiting licenses to in-state residents, after decades of resisting.

Only seven states—Hawaii, Maine, Michigan, New Mexico, Oregon, Utah and Washington—allow undocumented immigrants to get driver’s licenses.

Supporters of the policy say it helps authorities know who’s on the road, encourages immigrant motorists to buy insurance and decreases tension between police and immigrants.

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Only Utah currently issues a different sort of license for people, including immigrants, who don’t have Social Security numbers. The state’s “driver privilege card” has red outlines and, at the top, states the card is “not valid identification for Utah government entity.”

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Maryland Del. Ana Sol Gutierrez (D) hopes to take a different approach to complying with Real ID.

She wants Maryland to continue issuing its normal licenses to citizens and foreigners living in the state. Only people who specifically ask for—and pay for—the Real ID-compliant licenses would get the federally approved version.

Gutierrez said giving drivers the option of which kind of license they want could save Maryland millions of dollars, while letting people more easily guard their personal information.

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Besides, states are ill-equipped to determine the immigration status of drivers, said Maine Secretary of State Matthew Dunlap. Even checking an applicant’s immigration paperwork doesn’t always work, because the U.S. State Department routinely grants blanket extensions for visa holders from certain countries, he said.

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Still, several states that give licenses to illegal immigrants are asking for more proof of residency and identity.

In a first-of-its kind effort launched this year, New Mexico is now tapping into the foreign government’s database to look up names, birthdays and photos of Mexican drivers living in the state. The database lets the agency verify the identity of people who use an ID card issued by Mexican consulates, called the “matricula consular.”

The state also checks the identity of American citizens with a federal database.

An ongoing audit found that more than 99 percent of foreign drivers in New Mexico who signed up used their correct identity, noted Ken Ortiz, director of New Mexico’s Motor Vehicle Division.

Still, the agency also recently announced it will start requiring all drivers, including foreign nationals, to provide two forms of identification instead of the previous one.

Ortiz said the ability of foreigners to get New Mexico licenses, a change instituted along with several other insurance reforms in 2003, contributed to a steep drop in the state’s rate of uninsured motorists. In 2003, New Mexico had one of the worst uninsured rates in the country with 33 percent. Now, its rate is 11 percent.

The state licenses 30,000 drivers who don’t have Social Security numbers.

After decades as a hold-out, Maine lawmakers took steps this spring to limit its driver’s licenses to Maine residents, after authorities discovered ads in Polish-language New York City newspapers promising easy access to Maine licenses, said Dunlap, the secretary of state. The Legislature directed Dunlap to work with outside groups to address practical concerns that a residency requirement could create.

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