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Bill advances to grant undocumented immigrants driver’s licenses

By Ada Romano, Capital News Service

RICHMOND -- Legislation allowing undocumented immigrants to possess a driver’s license advanced in the Senate Wednesday. 

Senate Bill 34, introduced by Sen. Scott Surovell, D-Fairfax, would allow immigrants to obtain a driver’s license regardless of legal status. The applicant must prove they don’t have a social security or individual taxpayer identification number and submit a certified statement that their information is true. The bill had several amendments this legislative session.

House Bill 1211 introduced by Del. Kathy Tran, D-Fairfax, is an identical bill that also extends these rights to undocumented immigrants. Tran introduced a similar bill that died in subcommittee last year. If approved, the bills will go into effect Jan. 1, 2021. 

Nayeli Montes said she came to the United States illegally from Mexico in 2005 for a chance at a better life. She worked 12 hour shifts at a restaurant back home earning the equivalent of $6.50 a day. Today, Montes is involved with the Virginia Coalition for Immigrant Rights, which lobbies lawmakers for immigrant rights.

Driver’s licenses can be required to obtain certain resources such as credit cards and car insurance. Currently, 13 states, the District of Columbia and Puerto Rico provide driver’s licenses for undocumented immigrants. VACIR believes providing driver’s licenses to undocumented immigrants will make roads safer because drivers will be educated, trained and tested. The three states that adopted these measures the earliest experienced a 30% decrease in traffic fatalities, compared to a nationwide 20 percent drop, according to The Commonwealth Institute for Fiscal Analysis, which studies issues affecting low-income residents.

The coalition said the bill will increase state revenue through vehicle registration, license plate fees and title fees. According to The Commonwealth Institute, allowing undocumented immigrants to drive would produce between $11 million and $18 million in revenue from car registration fees, title fees and license plate fees. The institute estimated that between 124,500 and 160,800 drivers would seek Virginia licenses within the first two years if immigration status was not a factor.

Humberto Rodriguez, the owner of a painting company and an immigrant from Mexico, said he came to the U.S. for better opportunities for him and his family. He said his son is the only person in his household who can legally drive and he would like for this privilege to be extended to all immigrants. His son is a Deferred Action for Childhood Arrivals recipient. DACA allows undocumented children who entered the U.S. before they turned 16 to work, attend college or university and obtain a driver’s license. 

“I just want to make it clear that we came here to make a living for ourselves,” Rodriguez said. “Undocumented immigrants will go out and work no matter the weather conditions and we do our work with dignity.” 

The House bill has received more support this year than last year, but one representative worries it may misrepresent an immigrant’s legal status. 

Del. Terry L. Austin, R-Botetourt, said he voted against the House bill because the driver’s license that would be issued to an undocumented immigrant is identical to a citizen’s driver’s license and could misrepresent the legal status of an immigrant. 

“I think we need to be very careful with this,” Austin said. “This could misrepresent an individual’s identity and could compromise the safety in the United States.” 

Undocumented immigrants also have concerns. They worry the DMV could potentially release their information to the federal government and that they could get arrested or deported. However, both bills state that an individual’s name won’t be released unless ordered by a court. Additionally no photograph would be released to law enforcement or federal authorities unless a name or sufficient evidence was presented; the commissioner could still decline to release the photograph. 

Tran also sponsored HB 1700 which limits the release of information such as proof documents, photographs of an individual and signatures from the DMV to government agencies. Additionally, the bill would prohibit a federal immigration law enforcement agency from accessing information stored by the DMV without a court order or warrant. A subcommittee shelved that bill Tuesday. 

The fate of HB 1211 hasn’t been determined. The bill has been shuffled among House panels, with two recommendations, and is currently in an Appropriations subcommittee that meets next week.

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