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

[peejay 327]

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

[Bad_Daddy 2,209]

[mawilson 2,133]

New York has the same policy - you can't get a driver's license unless you're here legally (and I don't mean as a tourist).

[rika60607 215]

As someone who drives legally, I resent any law that makes it more difficult for drivers to get drivers licenses and therefore car insurances. If illegals cause an accident and I am hurt, I'd rather they had insurance and did not execute "hit and run" expecting that police officer will immediately know that they are illegal and take them into custody and eventually get them deported.

If they are deported, I will never see a dime from them for any damages. How is this good???

[mawilson 2,133]

As someone who drives legally, I resent any law that makes it more difficult for drivers to get drivers licenses and therefore car insurances. If illegals cause an accident and I am hurt, I'd rather they had insurance and did not execute "hit and run" expecting that police officer will immediately know that they are illegal and take them into custody and eventually get them deported.

If they are deported, I will never see a dime from them for any damages. How is this good???

Keeps them in fear of the authorities from whom they might otherwise seek protection.

[mawilson 2,133]

Keeps them in fear of the authorities from whom they might otherwise seek protection.

I meant to say "whom they might seek protection with".

They are illegal, after all. They *should* be afraid of the authorities.

[kristen_maroc 126]

Out of status. Undocumented... A person cannot be illegal.

Do you call yourself "an illegal" because you have sped while driving and broken the law?

[웃 910]

Out of status. Undocumented... A person cannot be illegal.

Do you call yourself "an illegal" because you have sped while driving and broken the law?

I do

[mawilson 2,133]

Out of status. Undocumented... A person cannot be illegal.

Do you call yourself "an illegal" because you have sped while driving and broken the law?

Fine, let's just call them criminals. Better?

You know as well as I do that it's never just about their status. If all they wanted to do was chill out and drink Corona Light while here illegally, I'd have no issue with their status.

But as soon as they start working here, they commit other crimes, such as 1) tax evasion (if they work for cash) or 2) identity theft (if they use a social security number).

[kristen_maroc 126]

I know this is a losing battle with some people, but it's one that I think is worth fighting.

People aren't illegal; their actions are. End of story, unless we start using the term "criminal" and "illegal" interchangeably, or start calling everyone who has ever sped or ran a red light an "illegal."

[Darnell 8,479]

Howdy From Texas!

[mawilson 2,133]

or start calling everyone who has ever sped or ran a red light an "illegal."

Running a red light is not a criminal offense.

Working in the US without authorization is.

Falsely representing yourself to be a US citizen is.

Using someone else's Social Security number as your own is.

Not paying taxes on your cash wages is.

[Usui Takumi 1,562]

Does this law mean if you are in AOS and have an EAD, your license is only as good as the EAD? Then when you get your license after the 2 year GC its only good for those 2 years? Basically, someone who comes in via the K1 would need to renew their license 3-4 times in roughly two years? If these further renewals within the "normal" expiration period were free I guess thats ok, otherwise it seems a bit like a way to make quick cash for the state.

first license - EAD, renewal - 2 year greencard, renewal - NOA1 for ROC, renewal - 10 year GC. That's 4 visits in 2.5-3 years.

Edited July 4, 2011 by Sousuke

[Karee 4,191]

This is old news. My wife had to show her green card to get her TX ID.

[Darnell 8,479]

Does this law mean if you are in AOS and have an EAD, your license is only as good as the EAD? Then when you get your license after the 2 year GC its only good for those 2 years? Basically, someone who comes in via the K1 would need to renew their license 3-4 times in roughly two years? If these further renewals within the "normal" expiration period were free I guess thats ok, otherwise it seems a bit like a way to make quick cash for the state.

first license - EAD, renewal - 2 year greencard, renewal - NOA1 for ROC, renewal - 10 year GC. That's 4 visits in 2.5-3 years.

Yup.

Texas Likes Immigrants, collects extra fees for those with lawful presence - it's just good business, helps to pay for training for DPS counter clerks.