MD Faces Music on Drivers Licenses

By Janice Kephart, April 22, 2009

Maryland Motor Vehicle Administrator John Kuo and Transportation Secretary John Porcari testified jointly in Annapolis on December 16, 2008, that a lawful status requirement for driver’s licenses was necessary in Maryland, and asked for an emergency response by the legislature. I blogged at the time about the growing Maryland discomfort with their own policies in What Illegal Immigration Has Got to Do with Driver Licenses: Maryland’s Lament.

The two men — appointed by Gov. O’Malley (D), who initially and staunchly defended Maryland’s welcome mat for those that could not prove lawful status and who criticized the federal REAL ID law — provided evidence that the Maryland Department of Motor Vehicles was being overrun by out-of-state, and out-of-country, requests for Maryland driver’s licenses and ID cards. Both Kuo and Porcari further discussed the unintended consequences of Maryland’s loose license standards, saying that the state had become a magnet for fraud, crime, and depleted health and education budget resources.

Securing ID issuance cuts down on DMV fraud and corruption, and exposes criminality

Maryland’s policies were also about to put Maryland out of compliance with REAL ID, whose deadlines pertaining to lawful presence kick in on January 1, 2010.

In contrast, states that have moved towards significant compliance measures towards REAL ID tell me they have seen a reduction in application fraud, more streamlined processing, and have caught an increased number of criminals and corrupt employees since they have undertaken REAL ID measures.

Both men asked for action to stop the run on the DMV before the General Assembly shut down for 2008. Their request was left unanswered. Interest in the issue grew into a mountain of discontented commentary from Maryland residents, some furious that they were finding that federal authorities were already not accepting Maryland driver’s licenses as valid forms of IDs, and others outraged by what they associated as increased crime with increased unlawful presence in their state.

It took four months and a new legislative session for the bill originally proposed by Frederick County Sen. David Brinkley to morph into the compromise measure passed in near-emergency circumstances late in the day on April 14, 2009. The final enrolled bill, House Bill 387, is what insiders say the governor is likely to sign. After a late night push for compromise and a threat of a special session by Gov. O’Malley, a bill was passed that:

1.Permits the current 350,000 illegal immigrants who currently have Maryland licenses to keep them until July 1, 2015. (Section 16-122 (A)(2))

2.Creates a two-tiered issuance system until July 1, 2015. New applicants that cannot prove legal status can obtain a driver license up to July 1, 2015, but thereafter cannot. (Section 16-301.1) After July 1, 2015, such licenses will not be compliant with federal law for use to board commercial airplanes or enter certain federal facilities under the REAL ID Act. (Section 16-122(D)(1)).

3.Technically end the out-of-state program April 19, 2009 (Section 16-122(A)(1)(II)). The reality is that the bill will not be signed – in all likelihood – until the end of May 2009, giving another five weeks during which applicants need not prove lawful status to obtain a driver’s license. However, since Maryland applicants must set up an appointment to apply for a license, there should be no additional “runs on the bank.â€