New driver's license rule upsets some (illegal) immigrants

[peejay 327]

New driver's license rule upsets some immigrants

They say document requirement will boost number of illegal motorists

By JAMES PINKERTON and CLAY ROBISON

2008 Houston Chronicle

Oct. 9, 2008, 10:59PM

A little-noticed administrative change preventing illegal immigrants from obtaining a Texas driver's license has upset immigrant groups, lawmakers and Hispanic activists, who predict it will boost the number of unlicensed and uninsured drivers on Texas roads. Others fear it will boost a robust black market trade in counterfeit documents.

The Texas Department of Public Safety is already enforcing the new rule in Houston, which requires noncitizens to prove they are in the country legally before they are issued a new license, renew an existing one or apply for a state identification card.

"It's a bad idea," said Rick Dovalina, a Houston attorney and past national president of the League of United Latin American Citizens. "If you look at it strictly as a public policy, the undocumented should be issued a driver license because they would be able to drive legally, and buy insurance, and protect other people in case they have an accident."

Dovalina said Texas officials should issue a license to any resident who can present a valid identity document, such as an identification card issued by the Mexican Consulate, regardless of their immigration status.

But the change, which took effect on Oct. 1, was hailed by those who favor tightening immigration enforcement.

"It's great," said Louise Whiteford, president of the Houston-based Texans for Immigration Reform. "We need to know who's here. We need to have some restrictions on who gets a driver's license."

DPS officials insist the rule changes are not an anti-immigrant measure, but intended to safeguard the licensing process and reduce identity fraud and theft.

"We implemented the new regulations statewide at the beginning of business on October 1," said Tela Mange, a DPS spokeswoman in Austin. "We've not received any negative reaction at this point."

Mange said the changes were posted in the Texas Register on July 4. There were no public comments, for or against, during a 30-day public comment period.

Change got little attention

The changes were adopted by the Public Safety Commission, the DPS' governing board, during a public meeting on Aug. 25 but garnered scant public attention through the summer.

The changes were posted on the DPS Web site on Oct. 1, the day they went into effect. But otherwise the agency made no public announcement, allowing Gov. Rick Perry to announce the new policy on Thursday, a week later.

"There was open discussion on this issue in at least two meetings, and we certainly discussed it fully," said Allan Polunsky, the committee's chairman.

The four-member commission was appointed by Perry, but Polunsky said the rule change was his, not Perry's, idea. He said the change relates to public security and safety, and it was "not focused toward illegal immigration in the classic sense."

Even though the Legislature had rejected earlier proposals to enact similar changes into law, Polunsky said the commission had the authority to impose the rule change, under its authority to "enhance public safety and to adopt procedures for issuing Texas driver licenses."

"This is a security issue in our minds. We want to know who these people are coming into our driver license offices," said Polunsky, a San Antonio lawyer. "It's not profiling or anything of that nature."

Profiling alleged

But at least one Texas lawmaker, Rep. Robert A. Alonzo, D-Dallas, called the DPS rule change unlawful profiling and said the state agency is ill-equipped to enforce federal immigration laws.

Polunsky said U.S. citizens will be able to renew their licenses as before.

State officials, however, will request documentation from individuals seeking renewals whose records on file with the agency indicate they are noncitizens.

Mange said that under the old system, immigrants checked a box on their driver's license applications indicating they weren't citizens. They also filed affidavits saying they were ineligible for Social Security cards, which were otherwise required for licenses.

But they were issued licenses anyway, as long as they could prove their identity and submit documents, such as utility bills, indicating their local address. Utility bills and similar documents no longer will be accepted, Mange said, and were being phased out even before the new policy was adopted.

Eli Garcia, a 39-year-old illegal immigrant, was standing in line preparing to check on his driving record at a driver's license office in north Houston when he heard about the new rule that will prevent him from renewing his license later this year.

"Before I got my license, I was driving without one and without insurance for five or six years," said Garcia, a Mexican immigrant who came to Houston in 1989 and established a construction business. "I guess that is going to happen again."

In the past, Garcia said, he, too, would file an affidavit stating he was ineligible for a Social Security card to renew his license.

'Assault' on immigrants

Nelson Reyes, executive director of the Central American Refugee Center in Houston, described the DPS rule change as just the latest restrictionist assault on immigrants.

"Once again, the hard-working immigration community is being punished by the state of Texas," Reyes said. "They have made a decision to change the rules in the middle of the game without waiting for comprehensive immigration reform."

But at the Houston driver's license office, air-conditioning technician Roger Cook favored the tougher rules for immigrants.

"If they're here illegally, they shouldn't be able to have the privileges of American citizens," said Cook, adding he missed six months of work last year while recovering from injuries received when an undocumented driver slammed into his car.

"We'll find out who's here illegally, and it will cut down on a lot of the fraud and stealing of IDs," said Cook.

http://www.chron.com/disp/story.mpl/front/6050257.html

[NickD 202]

New driver's license rule upsets some immigrants

They say document requirement will boost number of illegal motorists

By JAMES PINKERTON and CLAY ROBISON

2008 Houston Chronicle

Oct. 9, 2008, 10:59PM

A little-noticed administrative change preventing illegal immigrants from obtaining a Texas driver's license has upset immigrant groups, lawmakers and Hispanic activists, who predict it will boost the number of unlicensed and uninsured drivers on Texas roads. Others fear it will boost a robust black market trade in counterfeit documents.

The Texas Department of Public Safety is already enforcing the new rule in Houston, which requires noncitizens to prove they are in the country legally before they are issued a new license, renew an existing one or apply for a state identification card.

"It's a bad idea," said Rick Dovalina, a Houston attorney and past national president of the League of United Latin American Citizens. "If you look at it strictly as a public policy, the undocumented should be issued a driver license because they would be able to drive legally, and buy insurance, and protect other people in case they have an accident."

Dovalina said Texas officials should issue a license to any resident who can present a valid identity document, such as an identification card issued by the Mexican Consulate, regardless of their immigration status.

But the change, which took effect on Oct. 1, was hailed by those who favor tightening immigration enforcement.

"It's great," said Louise Whiteford, president of the Houston-based Texans for Immigration Reform. "We need to know who's here. We need to have some restrictions on who gets a driver's license."

DPS officials insist the rule changes are not an anti-immigrant measure, but intended to safeguard the licensing process and reduce identity fraud and theft.

"We implemented the new regulations statewide at the beginning of business on October 1," said Tela Mange, a DPS spokeswoman in Austin. "We've not received any negative reaction at this point."

Mange said the changes were posted in the Texas Register on July 4. There were no public comments, for or against, during a 30-day public comment period.

Change got little attention

The changes were adopted by the Public Safety Commission, the DPS' governing board, during a public meeting on Aug. 25 but garnered scant public attention through the summer.

The changes were posted on the DPS Web site on Oct. 1, the day they went into effect. But otherwise the agency made no public announcement, allowing Gov. Rick Perry to announce the new policy on Thursday, a week later.

"There was open discussion on this issue in at least two meetings, and we certainly discussed it fully," said Allan Polunsky, the committee's chairman.

The four-member commission was appointed by Perry, but Polunsky said the rule change was his, not Perry's, idea. He said the change relates to public security and safety, and it was "not focused toward illegal immigration in the classic sense."

Even though the Legislature had rejected earlier proposals to enact similar changes into law, Polunsky said the commission had the authority to impose the rule change, under its authority to "enhance public safety and to adopt procedures for issuing Texas driver licenses."

"This is a security issue in our minds. We want to know who these people are coming into our driver license offices," said Polunsky, a San Antonio lawyer. "It's not profiling or anything of that nature."

Profiling alleged

But at least one Texas lawmaker, Rep. Robert A. Alonzo, D-Dallas, called the DPS rule change unlawful profiling and said the state agency is ill-equipped to enforce federal immigration laws.

Polunsky said U.S. citizens will be able to renew their licenses as before.

State officials, however, will request documentation from individuals seeking renewals whose records on file with the agency indicate they are noncitizens.

Mange said that under the old system, immigrants checked a box on their driver's license applications indicating they weren't citizens. They also filed affidavits saying they were ineligible for Social Security cards, which were otherwise required for licenses.

But they were issued licenses anyway, as long as they could prove their identity and submit documents, such as utility bills, indicating their local address. Utility bills and similar documents no longer will be accepted, Mange said, and were being phased out even before the new policy was adopted.

Eli Garcia, a 39-year-old illegal immigrant, was standing in line preparing to check on his driving record at a driver's license office in north Houston when he heard about the new rule that will prevent him from renewing his license later this year.

"Before I got my license, I was driving without one and without insurance for five or six years," said Garcia, a Mexican immigrant who came to Houston in 1989 and established a construction business. "I guess that is going to happen again."

In the past, Garcia said, he, too, would file an affidavit stating he was ineligible for a Social Security card to renew his license.

'Assault' on immigrants

Nelson Reyes, executive director of the Central American Refugee Center in Houston, described the DPS rule change as just the latest restrictionist assault on immigrants.

"Once again, the hard-working immigration community is being punished by the state of Texas," Reyes said. "They have made a decision to change the rules in the middle of the game without waiting for comprehensive immigration reform."

But at the Houston driver's license office, air-conditioning technician Roger Cook favored the tougher rules for immigrants.

"If they're here illegally, they shouldn't be able to have the privileges of American citizens," said Cook, adding he missed six months of work last year while recovering from injuries received when an undocumented driver slammed into his car.

"We'll find out who's here illegally, and it will cut down on a lot of the fraud and stealing of IDs," said Cook.

http://www.chron.com/disp/story.mpl/front/6050257.html

Why don't they just disband the DHS and the USCIS, and keep the borders wide open? Also would have save me a ton of post tax dollars in bringing my wife and her daughter her. Bottom line is, with the current laws, they are here illegally and the mess we have between state and federal laws is because we have a state and a federal government. Why not just a federal driver's license? 50 states, 50 different sets of rules, and if you move, have to retake that driver's test, another PITA.

What about a federal ID card? The driver's license has unintentionally become the de facto ID card as well.

[almaty 19]

f##k the federal id card...i am tired of the american gov't under bush admin... become more involved in our daily lives...

[pedroh 21]

f##k the federal id card...i am tired of the american gov't under bush admin... become more involved in our daily lives...

word almaty.. fukc the man and their tries of becoming a totalitarian regime..

[almaty 19]

f##k the federal id card...i am tired of the american gov't under bush admin... become more involved in our daily lives...

word almaty.. fukc the man and their tries of becoming a totalitarian regime..

yeah..what is next by them..nudist hippies patrols...

[MariaBonita 11]

YAAY - National IDs for all and BP checkpoints everywhere!!! Woooohooo!!!!!!

Papers please!

<sarcasm off>

http://www.youtube.com/watch?v=UrFRObbSDDo

What happened to The Land Of The Free?!

[HAL 9000 96]

YAAY - National IDs for all and BP checkpoints everywhere!!! Woooohooo!!!!!!

Papers please!

<sarcasm off>

http://www.youtube.com/watch?v=UrFRObbSDDo

What happened to The Land Of The Free?!

What's that? What have you got to hide? Are you an illegal?

... or worse... an illegal-lover?!?!!?!?!

[MariaBonita 11]

YAAY - National IDs for all and BP checkpoints everywhere!!! Woooohooo!!!!!!

Papers please!

<sarcasm off>

http://www.youtube.com/watch?v=UrFRObbSDDo

What happened to The Land Of The Free?!

What's that? What have you got to hide? Are you an illegal?

... or worse... an illegal-lover?!?!!?!?!

Neither an illegal or illegal lover. I'm a freedom lover, baby! FREEDOM!

[Saddle Bronc 124]

I personally don't see anything wrong with having to prove legal status (as citizen, GC or temp-visa holder) for getting (or renewing) a DL--though I do have issues (edit, I'm not actually affected personally by it) with having the expiry of it tied to the expiry date of that visa/status (which is actually post-9/11 status-quo in many states).

But as for it leading to an increase in unlicenced drivers: poppyc0ck--although it may lead to an increase in retention of foreign unexpired DL's (of course I don't have any problems with this one, as I've actually personally done it 1994-1996) past the 30-day time limit. As for past-limit other-US-state DL's, no effect.

[HAL 9000 96]

YAAY - National IDs for all and BP checkpoints everywhere!!! Woooohooo!!!!!!

Papers please!

<sarcasm off>

http://www.youtube.com/watch?v=UrFRObbSDDo

What happened to The Land Of The Free?!

What's that? What have you got to hide? Are you an illegal?

... or worse... an illegal-lover?!?!!?!?!

Neither an illegal or illegal lover. I'm a freedom lover, baby! FREEDOM!

Using AJ's vocabulary- Why do you hate America?

[NickD 202]

YAAY - National IDs for all and BP checkpoints everywhere!!! Woooohooo!!!!!!

Papers please!

<sarcasm off>

http://www.youtube.com/watch?v=UrFRObbSDDo

What happened to The Land Of The Free?!

What's that? What have you got to hide? Are you an illegal?

... or worse... an illegal-lover?!?!!?!?!

Neither an illegal or illegal lover. I'm a freedom lover, baby! FREEDOM!

Using AJ's vocabulary- Why do you hate America?

Driver's licensing is a state not a federal issue, so really don't have to hate America, can just hate your state.

It's true that our state legislators change the law on presenting proof of legal status for the DMV for issuing driver's licenses, but didn't provide them with any training to handle this task. Same time passed a law for employers with over 3 employees to verify their employees plus applicants are legal to work, again with no training.

Also true that one agency does not like to deal with another agency, but we have to deal with them all and are expected to know the law, it's crazy. SSA told Bush in nicer words to go to hell, we ain't getting involved with immigration issues. Could have said yes, just give us a lot more money.

[Saddle Bronc 124]

Driver's licensing is a state not a federal issue, so really don't have to hate America, can just hate your state.

It's true that our state legislators change the law on presenting proof of legal status for the DMV for issuing driver's licenses, but didn't provide them with any training to handle this task.

akin to when other changes which affected immigration laws were enacted (such as Canada-US Free-Trade Pact, transmogrified into current NAFTA being obvious example), INS and DOS weren't trained on these (as shown in 1999, SIX YEARS into NAFTA when I ran into a non-cognisant INS officer @ Hartsfield Airport returning from Gatwick)

Same time passed a law for employers with over 3 employees to verify their employees plus applicants are legal to work, again with no training.

Also true that one agency does not like to deal with another agency, but we have to deal with them all and are expected to know the law, it's crazy. SSA told Bush in nicer words to go to hell, we ain't getting involved with immigration issues. Could have said yes, just give us a lot more money.

[IAMX 3,055]

Maybe they can devote their time to actually checking the border for those smuggling immigrants in, and visa overstays, and the illegals who usually go 50MPH in the 65/70MPH carpool lane driving a small beat-up utility truck.

Edited October 10, 2008 by SRVT

[mawilson 2,133]

Zero tolerance for unlicensed drivers.

Mandatory prison term, followed by deportation if illegal.

[HAL 9000 96]

Zero tolerance for unlicensed drivers.

Mandatory prison term, followed by deportation if illegal.

Not a bad idea.