http://www.sun-sentinel.com/services/ne ... 1543.story

New anti-fraud policy for driver's licenses alarms advocates for immigrants
By Luis F. Perez | South Florida Sun Sentinel
February 2, 2009
They're immigrant victims of rape, torture, domestic violence and other crimes who have been notified they can legally stay in the United States.

Until June, they could use federal notice of that status to obtain a driver's license in Florida.

Not anymore. To combat fraud, the Florida Department of Highway Safety and Motor Vehicles says, it has started asking for reports that detail the crimes committed against them.

That alarms immigrants' advocates, who say the policy hinders immigrant women from helping law enforcement prosecute criminals.



"The biggest concern is that these individuals are in a very vulnerable position, because of their immigration status," said Walter Laramie, a former federal immigration supervisor and expert on immigrant crime victims. "In many cases, these individuals are at the mercy of their abusers. And in many cases, they've had their immigration status held over their heads."

Advocates and law enforcement officials say making sure victims feel safe about telling their stories to police and others is critical to solving crimes. That's why federal law protects their privacy by limiting the number of immigration officials who handle their cases.

But the law doesn't extend to state agencies. So, advocates fear abusers, organized crime figures or others could gain access to victims' private information, including their immigration status and how they're assisting law enforcement.

Immigration officials grant special visas, called U-Visas, to crime victims and their families if a law enforcement agency vouches for them.

The visas, created by Congress in 2000, are most often used by victims of domestic violence, advocates and immigration lawyers say. But victims of other serious crimes are eligible.

Through the end of 2008, U.S. Citizenship and Immigration Services received 13,300 U-Visa applications from across the country, said Ana Santiago, an agency spokeswoman. Federal officials granted "interim relief" to about 10,300, giving them temporary permission to stay in the country and obtain work permits and driver's licenses, she said.

Federal immigration authorities do not have a breakdown of how many people in Florida have applied for a U-Visa. But state motor vehicle officials estimate they've had fewer than 100 U-Visa holders ask for licenses.

The agency started to ask for the law enforcement portion of the application after consulting with immigration officials and lawyers, officials said.

Field officers scan the form into the agency's computer system. Afterward, the paperwork is returned to the customer, officials said. The agency has taken steps to safeguard the information, said T.N. Prakash, a deputy director for the division of driver's licenses.

"These documents are secured and are only available to a limited number of personnel within the department who are authorized to access the potentially sensitive information," he said.

Still, advocates chafe at the policy.

"It's nobody's business what happened to you in your house, and then to have a DMV clerk view all that information just completely re-traumatizes the victim," said Carrie Vaughn-Cromey, a lawyer with the Legal Aid Society of Palm Beach County.