Thread: Texas Sued Again Over Driver's License Policy

Texas sued again over driver's license policy

By Brandi Grissom / Austin Bureau
Posted: 01/29/2009 12:00:00 AM MST

AUSTIN -- A civil-rights group Wednesday sued the state of Texas over its controversial new policy that denies driver's licenses to some documented immigrants and issues different-looking licenses to single out noncitizen drivers.

"We are confident the courts will step in and put an end to these arbitrary rules," said Nina Perales, Southwest regional counsel for the Mexican American Legal Defense and Educational Fund.

In October, the Texas Department of Public Safety implemented a new rule that denies driver's licenses and identification cards to people whose legal status in the U.S. expires in fewer than six months.

The department also started printing vertically oriented driver's licenses with the words "TEMPORARY VISITOR" for all noncitizens.

DPS spokeswoman Tela Mange declined to comment and said the department did not discuss pending litigation.

In the past, the DPS and Gov. Rick Perry have said the new rules were aimed to prevent undocumented immigrants from obtaining driver's licenses and to protect the integrity of licenses as an identifying document.

In a lawsuit filed in state court, MALDEF alleges that the DPS overstepped its authority by implementing the rules. Only lawmakers, MALDEF argues in the lawsuit, have the power to create such a rule.

"DPS has tried to sneak these rules in through the back door and in doing so, has created a litany of problems preventing both citizens and noncitizens with legal permission from receiving licenses," said David Hinojosa, MALDEF's lead attorney in the case.

The MALDEF lawsuit is the second one filed so far to challenge the new rules, which opponents argue also could lead to discrimination against legal U.S. residents.

Earlier this month, the Texas Civil Rights Project sued the DPS, alleging the rules are discriminatory and overly burdensome.

Lawmakers both for and against the new driver's license rules are also planning their own fight over the policy.

A group of conservative legislators plans to file a bill making the DPS rules law. It's important, they have argued, to ensure that people here illegally don't obtain legal identification.

State Rep. Ruth Jones McClendon, D-San Antonio, plans a proposal to undo the DPS rule, which she called unfair. She agreed with MALDEF that the department lacked the authority to make what she called immigration policy.

"They're completely off base," she said, "and they need to be put in check."

Brandi Grissom may be reached at bgrissom@elpasotimes.com; 512-479-6606.

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issues different-looking licenses to single out noncitizen drivers.

Good! These people are just bitching to bitch. They want to use these licenses as gateway documents and hold onto them long after their visas have exspired. These illegal alien squatters are all upset because it's not going to continue to be easy to stay here illegally. I'm sure they have been useing motor voter rules to vote with those look alike licenses. I'm glad they look different.

Dixie

Looks like illegal aliens and open border groups have found yet one more way to waste American taxpayers' money.

Simple solution...No DLs for illegal Aliens!

Well I see nothing wrong with non-citizens or people here on visa's having a drivers license that looks different than a citizens ....Why can people not just accept the rules of the state or federal government and be grateful they are allowed to be here. I say if they complain about theirs looking different send them home and they don't have to use it.

Illegals should get no ID or drivers licenses in the United States any where!! YOU ARE HERE ILLEGALLY!!!

Crap citizenship should account for something don't you think? These people coming into our country act like this is their government and they get to make up the rules and laws....HELLLLLOOOO WE NEED TO GET A GRIP HERE!!!!

The irony, these new cards look a lot like the Texas ID cards.

They are mad because the illegals have been running around with an expired visa with no expiration date but that law changed last year. Now the drivers licenses can not be renewed without good documents and they are all upset. Before, they could just show the expired Visa, with no date to get a new DL. Not any more. I'm sure they want that DL to look like mine so they can pass themselves off as being American to get credit, rent equipment, voting... They want to be able to flash the DL and hold their finger over the Temporary Visitor Notice. Very hard to do, since the new cards are vertical and not horizontal like the DLs.

Dixie