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WASHINGTON — A draft legislation in the Congress will
check the immigration status of applicants applying for a
new driver’s license or renewing it.
The new bill, all but certain to pass, also calls for
an identity database, amounting to what critics label as a
national ID.
The requirements will apply to all 50 states and other
jurisdictions that issue licenses.
State officials complain that the new requirements will
add a costly, complicated burden to the issuance of driver’s
licenses, which has been their responsibility for almost a
century.
The proposed regulations, intended to deter terrorist
attacks, would replace a provision of the intelligence bill
passed in December that called on state and federal agencies
to develop new rules for licenses. That law did not
specifically require states to check the citizenship or
immigration status of applicants.
Eleven states now grant driver’s licenses to noncitizens
who do not have visas. There is no reliable estimate of how
many licenses have been issued to noncitizens, whether in
the country legally or illegally.
The 11 states are Hawaii, Maryland, Michigan, Montana,
New Mexico, North Carolina, Oregon, Tennessee, Utah,
Washington and Wisconsin.
Some of the ideas in the new measure were considered and
dropped in December. But conservative members of the House,
led by Rep. F. James Sensenbrenner Jr., Republican of
Wisconsin, threatened to block passage of the intelligence
bill, and won an agreement that they could try again this
year. They got a pledge from the leadership to include the
driver’s license measures in a must-pass bill this year.
In July, Tennessee began issuing driver’s licenses
marked: “For driving purposes only. Not valid for
identification.” The license, given to people who cannot
supply proof that they are in the state legally, is printed
vertically, to distinguish it from most other driver’s
licenses, which are horizontal.
Under the rules being considered, before granting a
driver’s license, a state would have to require proof of
citizenship or legal presence, proof of an address and proof
of a Social Security number. It would need to check the
legal status of noncitizens against a national immigration
database, to save copies of any documents shown and to store
a digital image of the face of each applicant.
The licenses issued must include the driver’s address and
a digital photograph, and would incorporate new
authentication features designed to prevent counterfeits.
The new law would also require that the licenses of legal
temporary residents expire when their visas do. The rules
would also apply to renewals, an aide involved in the
conference said.
Supporters of the law say it addresses important security
problems and note that some of the Sept. 11 hijackers used
driver’s licenses as identification when checking in for
their flights, and that a few had expired visas.
Supporters also say the measure will help control illegal
immigration. Caroline Espinosa, a spokeswoman for NumbersUSA,
a group that lobbies for tighter borders and tougher
immigration laws, said, “This is really targeted toward
national security, but a side effect would be discouraging
illegal immigrants from coming into the United States and
making it more difficult for them to open a bank account,
buy a house, rent a car or buy a car.”
State officials and some senators say the new provision,
known as the Real ID measure, imposes verification
procedures — like the authentication of birth certificates —
that would be difficult for even the federal government to
meet.
Privacy advocates have raised criticisms. Timothy D.
Sparapani, the chief lobbyist on privacy issues for the
American Civil Liberties Union, said the standardized
license would amount to a national identification card. And
with the data accessible in a single database, he said,
“This is a recipe for identity-theft disaster.”
The new rules have been propelled by an unlikely
combination of factors. House conservatives have said they
will not consider an expanded temporary worker program, a
goal of President George W. Bush and business groups, until
what they call border security measures are adopted.
Strategists working with the White House say they have
accepted the need to accommodate the conservatives to win
support for a package of changes in immigration law.
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