Denied licenses, legal immigrants sue state Registry

[mdunlap24 0]

OK, I'm trying this again. My first post never made it that I can see.

Interesting article about RMV's in Massachusetts.

Denied Licences, Legal Immigrants Sue State Registry

[Dr_LHA 3]

According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so.

This part of the story didn't ring true to me. Every DMV I have been involved with have required me to show proof of legal residency when applying for a DL, same rule for USC as well. Since when were they not legally allowed to ask for proof of residency?

[khool 0]

According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so.

This part of the story didn't ring true to me. Every DMV I have been involved with have required me to show proof of legal residency when applying for a DL, same rule for USC as well. Since when were they not legally allowed to ask for proof of residency?

They are allowed to ask for proof of residency, but this suit alleges that a state agency cannot deny benefits on the basis of immigration status, e.g., via social security card.

I'm sure that jurisdiction is based on federalism principles. In theory, there should be a difference between proving immigration status and proving you are a legal resident of a state. Proving lawful immigration status in the US is not at all conclusive of one's legal residency in the state. In practice though, it's probably the easiest way to prove that you could legally be a resident of the state.

On a personal note, my wife and I live in Massachusetts. On the day of our adjustment approval, we went to the RMV to try to get my wife a state ID. The woman looked at her social security card, which states valid for work only with EAD, and told us to come back when we have her green card. Again, I can understand why they ask for social security cards, or in our case, a green card. Not a big deal in our case, we can wait.

Edited December 21, 2006 by khool

[Dr_LHA 3]

According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so.

This part of the story didn't ring true to me. Every DMV I have been involved with have required me to show proof of legal residency when applying for a DL, same rule for USC as well. Since when were they not legally allowed to ask for proof of residency?

They are allowed to ask for proof of residency, but this suit alleges that a state agency cannot deny benefits on the basis of immigration status, e.g., via social security card.

I'm sure that jurisdiction is based on federalism principles. In theory, there should be a difference between proving immigration status and proving you are a legal resident of a state. Proving lawful immigration status in the US is not at all conclusive of one's legal residency in the state. In practice though, it's probably the easiest way to prove that you could legally be a resident of the state.

On a personal note, my wife and I live in Massachusetts. On the day of our adjustment approval, we went to the RMV to try to get my wife a state ID. The woman looked at her social security card, which states valid for work only with EAD, and told us to come back when we have her green card. Again, I can understand why they ask for social security cards, or in our case, a green card. Not a big deal in our case, we can wait.

When REAL ID comes into full force, requirement to prove legal residency in the USA to get a DL will be federal law. Right now most states are applying REAL ID and requiring people to prove their legal presence in the USA (not residency, you can be a non-resident of the USA and have a state DL), although the aren't *required* to do this until 2008 I believe.

[Killer_Clown_2009 0]

I've looked into getting a MA license and as long as you meet the requirements (including valid SSN), you don't need to show proof of immigration status. If you have no SSN and a denial letter from SSA along with a valid visa class, you can get a DL.

My thought is that they were not accepting SS Cards that were not work authorized and denying people with legal status in the US a DL because they didn't have a green card.

[Dr_LHA 3]

This is a list of required documents to get a MA ID/DL:

http://www.mass.gov/rmv/license/AcceptableId.pdf

See what's on there? USCIS documentation.

[Killer_Clown_2009 0]

You need to show them your visa and it needs to be of a certain class. You don't need to be an immigrant or a potential LPR in order to qualify for a DL in this state.

Edited December 30, 2006 by jane2005

[Killer_Clown_2009 0]

Ok, I did some research. They were denying people who could not show proof of a visa or their immigration class because it was not available and/or the DMV decided it wasn't sufficient. They did however have proof of residency in MA along with valid SSN.

Here are some sample cases:

1) A woman from China who has been granted asylum in the United States. She was denied a learner's permit by the Registry even though she submitted standard federal documentation of her asylum status. The Registry asked her for additional proof of her asylum status, which the federal government typically does not issue.

2) Two women who are permitted to remain in the U.S. under the protection of the Violence Against Women Act (VAWA). One, from the Philippines, was denied a Massachusetts ID card, and the other, from the Dominican Republic, was denied a drivers license. The Registry asked them for visas, which the federal government typically does not provide when someone is already lawfully present under VAWA.

3) A woman who was the target of persecution in Zimbabwe and was granted permission by the U.S. government to remain and work here because of the risk of persecution in her home country. She has been in Massachusetts for many years but the Registry denied her a license renewal. Her daughter is also lawfully present in the U.S. and has been denied a learner's permit. In both instances, the Registry asked them to furnish current visas, which do not exist for people in their protected status.

4) A Bolivian woman who is a lawful permanent resident of the U.S. whose application for a drivers license was put on "hold" after the Registry asked her to produce a visa and a Bolivian passport. .

Edited December 30, 2006 by jane2005