N.C. bills affect state hiring, who can get driver’s licenses

by Kerra L. Bolton, KBOLTON@CITIZEN-TIMES.COM
published August 14, 2006 12:15 am

RALEIGH — Frustrated with congressional inertia on illegal immigration, states are taking matters into their own hands.

North Carolina and at least 27 other states have enacted dozens of immigration bills this year, according to the National Conference of State Legislatures, a bipartisan trade organization for lawmakers.

Some have been criticized as being either unenforceable or as likely to create other problems.

Among the measures passed by the North Carolina Legislature last month, state agencies and public schools now must screen new hires for work eligibility.

A major change comes in requiring driver’s license applicants to have a Social Security number. Under the old law, the state required only a taxpayer ID number.

The new law comes in response to critics who argue that it’s too easy for illegal immigrants to use false Social Security numbers.

Critics also said DMV workers didn’t authenticate those numbers before issuing a driver’s license. The documents are often keys to immigrants getting a job, a place to live and access to public services.

“The DMV needs to check the Social Security numbers against the federal database,” said William Gheen, president of Americans for Legal Immigration PAC. “It’s very likely that the next terrorist attack will involve North Carolina licenses.”

Advocates argue that the new laws will have unintended consequences.

“Not having a driver license will hurt the whole community,” said Andrea Arias, 25, of Asheville. “There will be people driving without a license, insurance or knowing the law. They will drive anyway because they have to go to work.”

Employment screenings of potential state government and public school employees is potentially rife with mistakes, said Marisol Jimenez-McGee, advocacy director for El Pueblo, a statewide Hispanic community organization.

The federal database has a high error rate, is subject to breakdowns and has a huge backlog in updating information, Jimenez-McGee said.

“In the age of people being concerned about identify theft ... this is in direct contradiction to that,” she said.

National problem
More than 500 pieces of legislation concerning immigrants were introduced this year in state legislatures nationwide.

Georgia lawmakers, for example, passed an omnibus bill, which, among other things, requires state agencies to determine a person’s legal status before giving emergency assistance and vaccines.

States in their immigration reforms have focused on the things they can control, such as employment, public benefits, education, voting rights and procedures and law enforcement.

“We face very limited authority,” said N.C. Rep. Joe Hackney, D-Orange. “That’s why here in North Carolina we focus on what we can do and can affect while being responsive to public concerns.”

Hackney is the co-chairman of National Conference of State Legislatures’ task force on immigration.

None of North Carolina’s new laws address immigration reform, immigration advocates say.

“This is a national issue and it requires a federal solution,” Jimenez-McGee said. “Revoking a driver license doesn’t address the immigration issue, nor does it eliminate the presence of undocumented immigrants living in North Carolina.”

Local solutions
State lawmakers also created a memorandum of understanding with federal agencies to allow local law enforcement to enforce civil immigration laws.

The Mecklenburg County Sheriff’s Department has the most comprehensive program.

It allows them to send fingerprints and photographs of people arrested and not born in the United States to a federal database. After an in-depth interview, the sheriff’s department can decide if they want to forward the case to the federal government for deportation.

To date, 719 people arrested in Mecklenburg County have been identified as born outside the United States. Of these, 264 have been processed for removal.

“Like our sheriff says, we can do this all day long, but unless we have border security it won’t be totally effective,” said Julia Rush, a spokeswoman for the Mecklenburg County Sheriff’s Office. “But it does work to identify people who are here illegally. If they are here illegally and have been convicted, they could face federal time.”

Some counties, including those in Western North Carolina, are without money needed to deal with immigration issues.

“We don’t have the manpower for someone to make it their primary duty,” Macon County Sheriff Robbie Holland said. “Considering everything we deal with, illegal immigrants is a minor thing.”

Holland said it’s common for people to tell officers that they are illegal immigrants during traffic stops. Often, these drivers have insurance but not a driver’s license and get arrested for driving without a license.

“We contact INS (Immigration and Naturalization Service), but unless they are charged with a felony, INS won’t come get them,” Holland said.

The changes also could pit communities against the police that are there to protect them, Aria said.

“A domestic violence victim is going to be afraid of calling the police,” Arias said. “There is going to be a lot of misinformation. People will be afraid they will be arrested and deported. These laws aren’t really addressing the issue.”

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