Amendment turns TX DPS immigrant driver's license policy into law

[Kathryn41 3,205]

Post violating TOS has been removed along with post quoting same.

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Moderator hat off here . . .

Georgia has had this same requirement in place since the year after I moved here. I was able to get my first driver's license after showing my EAD (I couldn't get a license unless I had a 'dated' immigration document) but that license was valid for 3 years - the maximum a non-citizen was allowed. When I went to renew it 3 years later , my green card was only valid for one more year so the license was renewed for one more year. The following year it expired when my green card expired and I had filed for Removal of Condition. I then had to provide dated proof of my immigration status valid for at least one year - and since I didn't get an NOA1 for my ROC that was the I-551 stamp in my passport. I got a license valid for one year. The following year I had my 10 year green card and had to renew my card - this time for 3 years which was the maximum period allowed, and again I had to provide my green card as proof of my legal status in the US. Only when I became a citizen was I able to get a license valid for longer - and I had to provide proof of my citizenship (which was verified before they issued the license) to get a license valid for longer.

Current Georgia policy requires dated proof of legal immigration status in the US and any DL that is issued expires on the same date as the immigration document. It is a nuisance as you do have to go in person each time as well but I don't see it as a problem. Driving isn't a right - it is a privilege and in the US, one that is tied to the validity of legal presence.

Edited July 5, 2011 by Kathryn41

[Gary and Alla 3,694]

We have to do the same in Vermont. So what? You mean there was a state that didn't require this?

[Darnell 8,478]

eh - Texas had a few loopholes - this new law shifted them out.

[peejay 327]

We have to do the same in Vermont. So what? You mean there was a state that didn't require this?

As the original article stated...the states of Washington and New Mexico still issue driver's licenses to illegal aliens.

[tallcoolone 102]

eh - Texas had a few loopholes - this new law shifted them out.

Agreed

This law will help keep the Illegal Aliens in Texas from getting a legal driver license.

Will it keep them from driving, NO. But hey most don't have insurance either.

About 6 years ago before Texas went with a magnetic strip in the back of the DL, The Illegals could purchase a forged DL for around $250.........

[Gary and Alla 3,694]

As the original article stated...the states of Washington and New Mexico still issue driver's licenses to illegal aliens.

So what is the beef of the human trafficking/human abuse supporters? They do not care if they get minimum wage, social security, healthcare, safe working conditions, why would they worry that they can't get driver's licenses? If you are Ok with people being smuggled in inhuman conditions, living in inhuman conditions, working in inhuman conditions all for the purpose of putting $$$ in the pockets of business owners...why would you be concerned if they can get a driver's lisence?

[Usui Takumi 1,562]

Post violating TOS has been removed along with post quoting same.

~~~~~~~~~~~~~~~~~~~~~

Moderator hat off here . . .

Georgia has had this same requirement in place since the year after I moved here. I was able to get my first driver's license after showing my EAD (I couldn't get a license unless I had a 'dated' immigration document) but that license was valid for 3 years - the maximum a non-citizen was allowed. When I went to renew it 3 years later , my green card was only valid for one more year so the license was renewed for one more year. The following year it expired when my green card expired and I had filed for Removal of Condition. I then had to provide dated proof of my immigration status valid for at least one year - and since I didn't get an NOA1 for my ROC that was the I-551 stamp in my passport. I got a license valid for one year. The following year I had my 10 year green card and had to renew my card - this time for 3 years which was the maximum period allowed, and again I had to provide my green card as proof of my legal status in the US. Only when I became a citizen was I able to get a license valid for longer - and I had to provide proof of my citizenship (which was verified before they issued the license) to get a license valid for longer.

Current Georgia policy requires dated proof of legal immigration status in the US and any DL that is issued expires on the same date as the immigration document. It is a nuisance as you do have to go in person each time as well but I don't see it as a problem. Driving isn't a right - it is a privilege and in the US, one that is tied to the validity of legal presence.

Did you have to pay each time?

[Kathryn41 3,205]

Did you have to pay each time?

Yes. It was a new license each time. The fee was pretty low though. I think it was between $10 to $15. I didn't have to pay for my new license when I became a citizen though as the old one was still valid. They just updated the information and printed the new license at no additional cost.

Edited July 5, 2011 by Kathryn41

[jundp 191]

We have to do the same in Vermont. So what? You mean there was a state that didn't require this?

Washington doesn't require proof of legal residence. However, when my husband got his license (before he even applied for AOS - we got his license the week before we were married), he showed his K1 Visa, his SS# (he lived here during high school when his dad worked in Boston), and I had to fill out a form vouching for him. We were surprised really that it was so easy. We were told it was because he had a German license.

TBH though, I don't really see why anyone would have a problem with someone living in the US driving legally. As someone else stated, isn't it preferable that EVERYONE who drives has access to insurance and a license?

So what is the beef of the human trafficking/human abuse supporters? They do not care if they get minimum wage, social security, healthcare, safe working conditions, why would they worry that they can't get driver's licenses? If you are Ok with people being smuggled in inhuman conditions, living in inhuman conditions, working in inhuman conditions all for the purpose of putting $$$ in the pockets of business owners...why would you be concerned if they can get a driver's lisence?

I see someone already answered your previous question.

I agree with this post 100%

[Ban Hammer 12,836]

Washington doesn't require proof of legal residence. However, when my husband got his license (before he even applied for AOS - we got his license the week before we were married), he showed his K1 Visa, his SS# (he lived here during high school when his dad worked in Boston), and I had to fill out a form vouching for him. We were surprised really that it was so easy. We were told it was because he had a German license.

uh what???

[DaveE111 10]

Post violating TOS has been removed along with post quoting same.

~~~~~~~~~~~~~~~~~~~~~

Moderator hat off here . . .

Georgia has had this same requirement in place since the year after I moved here. I was able to get my first driver's license after showing my EAD (I couldn't get a license unless I had a 'dated' immigration document) but that license was valid for 3 years - the maximum a non-citizen was allowed. When I went to renew it 3 years later , my green card was only valid for one more year so the license was renewed for one more year. The following year it expired when my green card expired and I had filed for Removal of Condition. I then had to provide dated proof of my immigration status valid for at least one year - and since I didn't get an NOA1 for my ROC that was the I-551 stamp in my passport. I got a license valid for one year. The following year I had my 10 year green card and had to renew my card - this time for 3 years which was the maximum period allowed, and again I had to provide my green card as proof of my legal status in the US. Only when I became a citizen was I able to get a license valid for longer - and I had to provide proof of my citizenship (which was verified before they issued the license) to get a license valid for longer.

Current Georgia policy requires dated proof of legal immigration status in the US and any DL that is issued expires on the same date as the immigration document. It is a nuisance as you do have to go in person each time as well but I don't see it as a problem. Driving isn't a right - it is a privilege and in the US, one that is tied to the validity of legal presence.

Yep - my wife just went throught the Georgia experience. She just got her license about three weeks ago and it expires the same day as her conditional green card. Various issues with USCIS and documentation led to it taking 11 months after arrival here to get her license. Bottom line is that Georgia goes into the SAVE database to verify eligibility for immigrants.

[Saddle Bronc 124]

Amendment turns DPS immigrant driver's license policy into law

By JASON BUCH

SAN ANTONIO EXPRESS-NEWS

July 3, 2011, 2:05PM

As the House early last month debated a must-pass finance bill, one member slipped in language that puts into law a controversial Texas Department of Public Safety policy requiring driver’s license applicants to show they’re in the country legally.

The amendment, added by Rep. Jim Pitts, R-Waxahachie, to the education funding bill legislators needed to balance the state budget, originally was included in SB 9, the so-called “sanctuary cities” bill that failed in the special session. It also had appeared in an omnibus homeland security bill by Sen. Tommy Williams, R-The Woodlands, that died in the regular session.

The new law approved last Tuesday makes some tweaks to a 2008 DPS policy that prevents illegal immigrants from getting a driver’s license and created a special license for temporary visitors.

The rules require Texans applying for or renewing their license to show they are citizens or are in the country legally.

By putting it into law, the state potentially undermines an ongoing lawsuit that argues DPS doesn’t have authority to check legal status. Across the nation, only New Mexico and Washington don’t have similar policies.

“From the standpoint of anyone who’s renewing their license, really it’s not going to be anything different,” Williams said.

He said the bill fixes problems with the DPS policy that had resulted in some legal visitors being denied licenses. And those who have proved their citizenship go into a DPS database and won’t have to do so again, Williams said.

The bill’s biggest change is that it allows DPS to tie the expiration dates of licenses to immigrants’ legal status, so their licenses expire at the same time as their visas.

But some House members decried the language after the bill passed last week, saying it impinges on civil liberties and keeps those who can’t show legal status from getting insurance, heaping costs on Texas drivers.

“Why do I have to be questioned about my citizenship?” said Rep. Armando Walle, D-Houston. “You know I’m an American. Would they question someone that’s blond-haired and blue-eyed?”

Rep. José Menéndez, D-San Antonio, said his problems with the new law — and DPS’ policy — pale in comparison to his concerns about the failed sanctuary cities bill, but he’s no fan of the driver’s license rules.

“Does this mean fewer people are going to go in and get their driver’s license and fewer people are going to get insurance? That’s a negative,” he said.

Vikrant Gandhi, who immigrated to the U.S. from India in 2005 and is a market researcher and consultant in San Antonio, said his wife’s driver’s license identifies her as a temporary visitor, something he said could lead to her being treated differently when she has to show ID.

They’re considering moving to Colorado, Gandhi said.

“I’m not against them checking” the status of those applying for a license, he said. “But my thought is why does anyone who looks at my license need to know that?”

Luis Figueroa, the legislative affairs attorney for the Mexican American Legal Defense and Educational Fund, which is involved in a lawsuit challenging the DPS rules, said the department’s policy kept some people who should have received licenses, such as citizens who were delivered by a midwife or visitors who have legal status the DPS isn’t familiar with, from getting them and he’s not sure the new law will change that.

“We’ve gotten hundreds of complaints of people getting the wrong licenses, people having to keep coming back and bringing more documents and people getting denied licenses,” Figueroa said.

But Williams says the new law takes steps to address those concerns. It requires the DPS to make the licenses for temporary visitors look similar to other licenses. It also creates 10 temporary visitors stations at DPS offices in major metropolitan areas and along the border that would be staffed by clerks who are trained to review immigration documents.

According to the DPS website, you can renew online if you are a U.S. citizen and your Social Security number is on file with the department. It also states that if you haven’t renewed in person at a driver’s license office in the past six years, you may be asked to present proof of lawful presence.

http://www.chron.com/disp/story.mpl/metropolitan/7637818.html

What about GC holders who need to get DL's.

For Canucks (on temp visas), time-honoured approach of renewing in Province of last residence (if they don't want to go through the hassle of renewing when your visa expires) works fine.

BTW, Mr. Gandhi apparently hasn't figured out that every state DL issued since 2001/09/12 to a temp visa holder indicates that--with expiry date exactly the same as that of the visa!

[Saddle Bronc 124]

Post violating TOS has been removed along with post quoting same.

~~~~~~~~~~~~~~~~~~~~~

Moderator hat off here . . .

Georgia has had this same requirement in place since the year after I moved here. I was able to get my first driver's license after showing my EAD (I couldn't get a license unless I had a 'dated' immigration document) but that license was valid for 3 years - the maximum a non-citizen was allowed. When I went to renew it 3 years later , my green card was only valid for one more year so the license was renewed for one more year. The following year it expired when my green card expired and I had filed for Removal of Condition. I then had to provide dated proof of my immigration status valid for at least one year - and since I didn't get an NOA1 for my ROC that was the I-551 stamp in my passport. I got a license valid for one year. The following year I had my 10 year green card and had to renew my card - this time for 3 years which was the maximum period allowed, and again I had to provide my green card as proof of my legal status in the US. Only when I became a citizen was I able to get a license valid for longer - and I had to provide proof of my citizenship (which was verified before they issued the license) to get a license valid for longer.

Current Georgia policy requires dated proof of legal immigration status in the US and any DL that is issued expires on the same date as the immigration document. It is a nuisance as you do have to go in person each time as well but I don't see it as a problem. Driving isn't a right - it is a privilege and in the US, one that is tied to the validity of legal presence.

Why didn't you simply wait until your ON licence expired before getting the GA one?

[Kathryn41 3,205]

Why didn't you simply wait until your ON licence expired before getting the GA one?

Because Georgia law requires all drivers who are resident in Georgia to have a Georgia Driver's License after 30 days of residency. Residency is determined by having a Georgia address and not by immigration status. I did drive on my Ontario license from my arrival to when I got my EAD - about 4 months - after the DDS said it was probably alright, however the police might view it differently if I were stopped for anything. I took the risk. I know others who were told by DDS that they could not drive on their foreign license after 30 days and didn't do so.

Edited July 5, 2011 by Kathryn41

[Saddle Bronc 124]

Because Georgia law requires all drivers who are resident in Georgia to have a Georgia Driver's License after 30 days of residency. Residency is determined by having a Georgia address and not by immigration status. I did drive on my Ontario license from my arrival to when I got my EAD - about 4 months - after the DDS said it was probably alright, however the police might view it differently if I were stopped for anything. I took the risk. I know others who were told by DDS that they could not drive on their foreign license after 30 days and didn't do so.

I checked with GA Patrol on a similar subject (whether I had to changeover from foreign DL as a temp visa holder) in 1994 and was told "no" (I don't know if this matter changed post-2001). Got away with driving on Alberta DL for over 2 years--and even escaped a speeding ticket in August 1994, as the Dekalb County (I was stopped where PIB meets I-285) traffic-cop couldn't figure out the whole deal on it.