Thread: N.C.: Bill to ban use of consular IDs might not have intende

Bill to ban use of consular IDs might not have intended effect

By JOHN HINTON
Published: April 05, 2011

An identification card issued by another country's consulate would no longer count as proof of residency for getting a driver's license under a bill aimed at making it harder for illegal immigrants to drive or access services in North Carolina.

But the bill wouldn't have much practical impact on an immigrant's ability to get a driver's license, access government services or evade detection by law enforcement, a review of identification procedures indicates.

The bill was approved 64-53 in the N.C. House and needs a second vote before going to the Senate.

State Rep. Dale Folwell, R-Forsyth, one of the bill's co-sponsors, said citizens are "suffering because these documents are used to secure driver's licenses and public assistance and community college access on the financial backs of taxpayers.

"Any dollar spent on people here illegally is a dollar taken away from a legal citizen."

The use of false documents by illegal immigrants is one reason the number of illegal immigrants has grown in the state, he said.

Forged or fake documents may indeed be used by illegal immigrants. But it doesn't appear that the consular ID card, whether valid or forged, is the gateway to most services.

The consular ID, also known as matricula consular, is currently allowed as proof of residency when applying for a driver's license. But utility bills, mortgage statements and school records also are allowed, according to the N.C. Division of Motor Vehicles.

The more critical required document for getting a driver's license is a Social Security card. Without one, an applicant must provide a green card or visa from the U.S. government showing legal residency. Banning the consular card would not affect that ID process. It also would not stop an immigrant from legally getting a driver's license while in the U.S. on a valid visa, then overstaying the visa and remaining here illegally.

The consular card also is not accepted as proof of eligibility for public assistance. Lori Walston, a spokeswoman for the N.C. Department of Health and Human Services, said social services officials already use a federal verification system to check the immigration status of people applying for welfare or Medicaid to ensure they are eligible.

Community colleges already do not accept the consular ID card as identification for admission, officials said.

The bill's proponents and opponents agree on one thing: It's designed to crack down on illegal immigrants' presence in the state, particularly those from Mexico.

A person with a green card doesn't really need other forms of ID, said Alan Doorasamy, a Winston-Salem immigration lawyer who opposes the bill.

"The green card entitles them to everything a U.S. (citizen) is entitled to, except a few things," such as voting and certain jobs, he said. Legal immigrants wouldn't be affected by the bill, he said.

Only undocumented immigrants without a driver's license use the consular ID, he said.

The ID can be used at check-cashing and money-transfer outlets, but the bill doesn't address financial transactions.

"This is a backdoor approach to get rid of undocumented people," Doorasamy said.

The ban on consulate IDs would not directly affect immigrants' access to banks, said Nathan R. Batts, a senior vice president and associate counsel for the N.C. Banking Association.

Federal regulations require banks to see a driver's license or passport to establish a person's identity, Batts said. Some banks accept consular IDs in addition to those documents, but the bill wouldn't prohibit that.

The bill states that local officials, including law enforcement, could no longer accept a consular card as identification. But a motorist stopped without a driver's license already can face arrest and confiscation of his vehicle, even if he has a consular ID.

An officer can jail that person, with or without ID, while federal immigration officials investigate his legal status and decide whether to deport him. Or the officer can issue a summons for court and let the motorist go, but impound his car.

The same is true if officers are investigating a crime. They can detain a person to verify legal status, even if a person presents a consular card.

Winston-Salem police and Forsyth County sheriff's deputies will follow the bill's provisions if they become law, said Police Chief Scott Cunningham and Sheriff Bill Schatzman.

Schatzman said he supports the bill. Cunningham didn't indicate his position on the bill when he responded by email to questions about it.

"These issues are complex and sometimes emotional," Cunningham said. "Good solid discussion by our communities and legislators would hopefully occur and result in decisions that enhance the safety of our communities."

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"This is a backdoor approach to get rid of undocumented people," Doorasamy said.

So? I don't see that as a bad thing!

Originally Posted by imblest

"This is a backdoor approach to get rid of undocumented people," Doorasamy said.

So? I don't see that as a bad thing!

We're on the same wavelength, Imblest!

Originally Posted by imblest

"This is a backdoor approach to get rid of undocumented people," Doorasamy said.

So? I don't see that as a bad thing!

he is an immigration lawyer. so what do you expect this jerk to say.
judging from the comment, he loves illegals.... well he can pay all their bills then, and still be arrested for aiding and abetting

Well if it won't have any effect, why not pass the law anyway, just to have it on the books? Being proactive is a good thing.