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January 20, 2006


Driver's license rule hampering immigrants
Indiana is requiring Social Security card, which thousands don't have, can't get
By Tania E. Lopez
tania.e.lopez@indystar.com
January 20, 2006


Thousands of immigrants in Indiana could find it harder to get their driver's licenses because of tough new identification requirements imposed late last year by the state.

Some fear the new standards, which took effect Nov. 10, could force many immigrants to drive without licenses and thus without insurance, potentially making Indiana a more dangerous and expensive place to drive.

"We believe that restricting individuals from obtaining a driver's license will cause major problems in the streets of Indiana," said Leo Tamez, president of the Association of Mexican Leaders in Action based in Indianapolis. He wrote a letter to Gov. Mitch Daniels protesting the new rules late last year. "They are going to have to get to work, and restricting them from driving makes it worse."

Bureau of Motor Vehicles officials say they implemented state rules to comply with the federal Real ID Act passed last year by Congress, which will take effect in 2008. The law demands that states increase the documentation they require for such things as driver's licenses to improve homeland security.

Citizens from those states that don't meet standards could find their licenses aren't accepted as proof of identification to board airplanes or enter federal buildings.

Mexican Consul Sergio Aguilera, based in Indianapolis, said this week that about 100,000 people in Indiana could be affected by the change.
The heart of the problem seems to involve the bureau's revised policy on Social Security cards. A valid Social Security card is mandatory to receive a driver's license.

Immigrants cannot obtain Social Security cards; only people who become U.S. citizens may get one.

To get a driver's license, all noncitizens must go through what the BMV calls a central verification process on the state level, and then federal Homeland Security also verifies the person's identity, according to Greg Cook, a spokesman for BMV. The process, which is initiated at the branches, can take weeks.

"If an individual does not have access to the Social Security card, they have to provide a citizenship and immigration service document -- for example, a passport, to obtain a license," Cook said.

The leaders of immigrant groups say that requirement is not widely known, and they fear some legal residents in Indiana will be intimidated at the branch or be unwilling to wait and decide just to go without a license.

In November, members of the Latinocommunity met at George Washington High School in Indianapolis, concerned that under the new policy, they would no longer be able to obtain a valid driver's license.

Organizers expected fewer than 100 people, but almost 1,000 concerned Latinos attended, said Anna Hail, a longtime community activist.

Hail said those most affected are illegal immigrants and legal immigrants (who are not U.S. citizens) who need cars to get to and from work. She said the lack of adequate public transportation forces many to drive unlicensed, which in turn means uninsured drivers on the road. A license is required to obtain insurance.

"The reality is that we have to find a way for these people to get to work with their license and to have insurance," said Hail. "They said they knew they were breaking the law, and they don't want to break the law."

Rep. John Aguilera, D-East Chicago, has introduced a measure, House Bill 1357, that would require the Bureau of Motor Vehicles to issue a driver's certificate to an individual who is qualified to drive a vehicle but cannot provide proof of residency status. Two states have passed such a measure, Tennessee and Utah.

It's not clear how far the proposal will go in the Republican-controlled House and Senate.

Amy Mendoza, executive director of the Indiana Commission on Hispanic/Latino Affairs, did not return calls seeking comment. A spokesman for the governor couldn't be reached.

Call Star reporter Tania E. Lopez at (317) 444-2804.


ACCEPTABLE ID

Here are some of the documents the Indiana Bureau of Motor Vehicles will accept for a license in addition to a Social Security number:

• United States birth certificate.

• Valid U.S. military/Merchant Marine photo ID.

• A valid U.S. passport.

• Acceptable INS documents that can be used as primary documents include:

• A valid foreign passport.

• A valid employment authorization card, I-94 stamped with Section 207 or Section 208.

Note: Out-of-country licenses are no longer accepted as identification or proof of driving experience except in the case of tourists, who can use them for up to a year.

Source: Bureau of Motor Vehicles