Immigrants—Driver’s Licenses

The Real ID Act changes driver’s license eligibility rules for all drivers. Among the act’s provisions are restrictions on immigrants’ eligibility for licenses. If states do not comply with the new restrictions, the licenses they issue will not be accepted as proof of identification for federal purposes, such as boarding a plane, applying for a passport, or receiving Social Security benefits.1

Eighteen states do not require driver’s license applicants to be legal residents and 40 states allow alternatives to the social security number to document identity. These provisions are threatened by the Real ID Act, which is designed to deny driver’s licenses to undocumented immigrants. In addition, just showing documents that prove identity, date of birth, citizenship or immigration status, social security number, and place of residence will not be enough. States will be required to authenticate each document. Denials, delays and repeated trips to the Department of Motor Vehicles will become the norm, even for many U.S.-born citizens.2

Traffic accidents are the leading cause of death for persons aged six to 33, with over 40,000 traffic fatalities each year. According to a study conducted by the AAA Foundation for Traffic Safety, unlicensed drivers are five times more likely to have fatal crashes than drivers with valid licenses. Providing access to licenses ensures that drivers are trained, tested and can secure insurance. In addition, registering and photographing all drivers helps the state monitor driving records and better protect the safety of communities.

Driver’s license restrictions have neither deterred immigration nor encouraged existing immigrants to return to their countries of origin. It is a policy without a purpose. In the meantime, states have a responsibility to protect the health and safety of all their residents.

In most states, law enforcement officials are part of coalitions that support the elimination of restrictions on driver’s licenses. They cite public safety, fraud prevention, and the desire to reduce courtroom congestion as reasons for their support. For example, when some Tennessee policymakers suggested repealing the state law permitting driver’s licenses for immigrants, the state Safety Department opposed the suggestion, pointing out that issuing licenses allows the state to clearly document its residents.

Proponents of restrictions point out that several September 11 hijackers were able to obtain licenses. However, this argument is a red herring. Immigrant driver’s license restrictions would not have prevented September 11; most of the hijackers were in the U.S. lawfully and therefore would have been able to secure licenses even with such a restriction. Instead, restricting driver’s licenses to immigrants fuels a black market in fraudulent documents, making it easier for terrorists to operate. Further, these restrictions create a larger “haystack” in which terrorists can hide. Effective counterterrorism strategies must sort potential terrorists from the rest of the population. The larger the number of people who lack photo identification such as a driver’s license, the more people law enforcement must sort through.3 To improve security, driver’s license regulations should focus on ensuring the identity of the applicant.

The Real ID Act will have a negative impact on public safety, security, privacy, access to licenses, and administrative costs. Many organizations object to the federal government’s interference on what has always been a state issue—the National Conference of State Legislatures, the National Governors Association and the American Association of Motor Vehicle Administrators all opposed the Real ID Act. State legislators have introduced anti-Real ID bills: a resolution introduced in New Hampshire declares the state’s opposition to the law, a resolution in Washington calls on Congress to repeal the law and Virginia required a committee to consider the impact of Real ID on the state.

States should adopt policies that allow all residents to obtain driver’s licenses regardless of their immigration status. The Immigrant Drivers Inclusion Act eliminates the “lawful presence” requirement and allows driver’s license applicants who do not have a social security number to submit alternative proof of identity, including a birth certificate or record of birth issued by a foreign country, military identification, a passport, a license issued by another state or country, a consular identification document, or another document, specified by the Department of Motor Vehicles. States may issue driver’s licenses to immigrants that do not comply with Real ID requirements without being sanctioned by the federal government as long as the license clearly states that it will not be accepted by any federal agency. While this is not an ideal permanent solution, it avoids many of the problems caused by completely denying driver’s licenses to immigrants.