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DRIVER'S LICENSE RESTRICTIONS
After the tragic events of September 11, 2001 a debate over immigrants' access to
driver's licenses and state identity documents surfaced. Undocumented immigrants
come and stay in the United States primarily to work, bolstering the economy by filling
vital jobs. Like their U.S. citizen counterparts, many immigrants must drive in order to
work, take kids to school, and go to the doctor. Most areas of the country are not
adequately served by public transportation. Denying driver's licenses to undocumented
immigrants will not prevent them from driving, it will only prevent them from driving
legally.
Restrictive Licensing Will Impede Law Enforcement and National Security
While proponents of stricter regulations believe that denying driver's licenses to
foreigners will inhibit terrorists' ability to carry out terrorist activity, restricting driver's
licenses is an inefficient way to enforce immigration laws and prevent terrorism. In
fact, denying driver's licenses to large segments of the population jeopardizes the
safety of everyone in the community. Licensing noncitizens enriches our domestic
intelligence by allowing law enforcement authorities to verify the identities and
addresses of millions of foreign nationals. Restrictive licensing will deprive authorities
of this information. The proliferation of fraudulent documents that will result from
restrictive licensing will impede law enforcement efforts by contaminating intelligence
regarding who is present in the United States.
Driver's License Proves Competency to Drive, not Eligibility for Benefits
Other proponents for increased regulations argue that allowing undocumented
immigrants access to a driver's license will encourage more illegal immigration, and
allow undocumented immigrants to use their drivers' licenses to access taxpayer
financed services. A driver's license, which only proves identity and ensures that the
license holder has shown a minimal level of competency to drive, is not a migration pull
factor. Public benefits programs require proof of immigration status and additional proof
of identity, so there is no risk that a driver's license would enable an out-of-status
immigrant to secure benefits for which they are not eligible.
State Driver's License Agencies Not Qualified to Interpret Immigration Laws
Immigration procedures are extremely complex and subject to frequent changes. State
driver's licensing agencies do not have the authority or the expertise to navigate
through the variety of immigration status documents. State driver's license agencies
should work to ensure that those individuals who drive are licensed, insured, and
knowledgeable of all rules; they should not act as immigration enforcement agents.
Verifying legal presence can also be very costly, California taxpayers pay $1.8 million
a year to have Department of Motor Vehicles (DMV) staff persons check the legal
status of applicants. Immigration databases are not updated quickly enough to contain
current immigration status for all persons, and the accuracy and reliability of the
databases are problematic; immigration and SSA databases have been shown to have
error rates approaching 20 percent. As a result, many legal immigrants and U.S.
citizens may be unfairly denied driver's licenses.
Licensed, Insured Drivers Make Streets Safer
Licensing requirements are intended to increase public safety and security. Increased
restrictions will prevent millions of motorists from taking driving tests and obtaining
insurance. Unlicensed and uninsured drivers are more likely to flee the scene of an
accident. Nationally, uninsured motorists cause 14 percent of all accidents, and over
$4.1 billion in insurance losses per year. In most states, law enforcement officials and
insurance companies oppose restrictions on drivers' licenses, citing public safety as
their main reason. Issuing licenses to people who can prove their identity through
foreign passports, birth certificates, or other verifiable documents will reduce the
incentive for falsifying identification. As long as someone can prove their identity and
ability to drive safely, they should not be denied a driver's license.
Solution
State DMVs should not focus on verifying immigration status. Their role should be to
ensure that motorists are qualified to drive, knowledgeable of all applicable rules, and
properly licensed and insured. 1 States should refrain from narrowing the list of
acceptable documents needed to obtain a driver's license. Documentation requirements
should be drawn broadly to include documentation that proves identity rather than
status, and should never be drawn so narrowly that they prevent lawful immigrants
from obtaining drivers' licenses. 2 States that have implemented overly restrictive
documentation requirements should revisit them.
Local advocacy strategies to fight against increased restrictions include organizing
community meetings to discuss the policies of your state's DMV as well as creating
coalitions that unite a broad range of advocates such as police departments, car
insurance companies, churches, community organizations, banks, employers, labor
unions and many others with a self-interest in broadened access to driver's licenses.
For an overview of States' Driver's License Requirements, visit the website of the
National Immigration Law Center (NILC).
footnotes
1. Issue Paper of the U.S. Conference of Catholic Bishops, Migration and Refugee
Services, "Issue: Driver's License Proposals."
2. Id.
After the tragic events of September 11, 2001 a debate over immigrants' access to
driver's licenses and state identity documents surfaced. Undocumented immigrants
come and stay in the United States primarily to work, bolstering the economy by filling
vital jobs. Like their U.S. citizen counterparts, many immigrants must drive in order to
work, take kids to school, and go to the doctor. Most areas of the country are not
adequately served by public transportation. Denying driver's licenses to undocumented
immigrants will not prevent them from driving, it will only prevent them from driving
legally.
Restrictive Licensing Will Impede Law Enforcement and National Security
While proponents of stricter regulations believe that denying driver's licenses to
foreigners will inhibit terrorists' ability to carry out terrorist activity, restricting driver's
licenses is an inefficient way to enforce immigration laws and prevent terrorism. In
fact, denying driver's licenses to large segments of the population jeopardizes the
safety of everyone in the community. Licensing noncitizens enriches our domestic
intelligence by allowing law enforcement authorities to verify the identities and
addresses of millions of foreign nationals. Restrictive licensing will deprive authorities
of this information. The proliferation of fraudulent documents that will result from
restrictive licensing will impede law enforcement efforts by contaminating intelligence
regarding who is present in the United States.
Driver's License Proves Competency to Drive, not Eligibility for Benefits
Other proponents for increased regulations argue that allowing undocumented
immigrants access to a driver's license will encourage more illegal immigration, and
allow undocumented immigrants to use their drivers' licenses to access taxpayer
financed services. A driver's license, which only proves identity and ensures that the
license holder has shown a minimal level of competency to drive, is not a migration pull
factor. Public benefits programs require proof of immigration status and additional proof
of identity, so there is no risk that a driver's license would enable an out-of-status
immigrant to secure benefits for which they are not eligible.
State Driver's License Agencies Not Qualified to Interpret Immigration Laws
Immigration procedures are extremely complex and subject to frequent changes. State
driver's licensing agencies do not have the authority or the expertise to navigate
through the variety of immigration status documents. State driver's license agencies
should work to ensure that those individuals who drive are licensed, insured, and
knowledgeable of all rules; they should not act as immigration enforcement agents.
Verifying legal presence can also be very costly, California taxpayers pay $1.8 million
a year to have Department of Motor Vehicles (DMV) staff persons check the legal
status of applicants. Immigration databases are not updated quickly enough to contain
current immigration status for all persons, and the accuracy and reliability of the
databases are problematic; immigration and SSA databases have been shown to have
error rates approaching 20 percent. As a result, many legal immigrants and U.S.
citizens may be unfairly denied driver's licenses.
Licensed, Insured Drivers Make Streets Safer
Licensing requirements are intended to increase public safety and security. Increased
restrictions will prevent millions of motorists from taking driving tests and obtaining
insurance. Unlicensed and uninsured drivers are more likely to flee the scene of an
accident. Nationally, uninsured motorists cause 14 percent of all accidents, and over
$4.1 billion in insurance losses per year. In most states, law enforcement officials and
insurance companies oppose restrictions on drivers' licenses, citing public safety as
their main reason. Issuing licenses to people who can prove their identity through
foreign passports, birth certificates, or other verifiable documents will reduce the
incentive for falsifying identification. As long as someone can prove their identity and
ability to drive safely, they should not be denied a driver's license.
Solution
State DMVs should not focus on verifying immigration status. Their role should be to
ensure that motorists are qualified to drive, knowledgeable of all applicable rules, and
properly licensed and insured. 1 States should refrain from narrowing the list of
acceptable documents needed to obtain a driver's license. Documentation requirements
should be drawn broadly to include documentation that proves identity rather than
status, and should never be drawn so narrowly that they prevent lawful immigrants
from obtaining drivers' licenses. 2 States that have implemented overly restrictive
documentation requirements should revisit them.
Local advocacy strategies to fight against increased restrictions include organizing
community meetings to discuss the policies of your state's DMV as well as creating
coalitions that unite a broad range of advocates such as police departments, car
insurance companies, churches, community organizations, banks, employers, labor
unions and many others with a self-interest in broadened access to driver's licenses.
For an overview of States' Driver's License Requirements, visit the website of the
National Immigration Law Center (NILC).
footnotes
1. Issue Paper of the U.S. Conference of Catholic Bishops, Migration and Refugee
Services, "Issue: Driver's License Proposals."
2. Id.
415 Michigan Ave., NE
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Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
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(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Advocacy Topics
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
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