http://www.deseretnews.com/dn/view/0,12 ... 08,00.html
Friday, July 1, 2005

It's D-day for driving cards

Immigrants have many questions about new law
By Erin Stewart and Deborah Bulkeley
Deseret Morning News

As today's expiration for their Utah identification cards neared, many undocumented immigrants were still feeling left in the dark.
Nervous Hispanic immigrants inundated a local Spanish radio station with questions for three hours Thursday morning as well as flooded attorneys and community leaders with queries on how a new driving privilege card and the expiration of state ID cards will impact them.
The Utah Department of Public Safety has sent out 74,000 expiration notices to state ID card holders, and agency spokesman Lt. Doug McCleve has conducted interviews with several Spanish language media outlets.
But Tony Yapias, a Latino community activist who fielded questions at station Exitos 1550 AM, said, "I think the state didn't do a very good job of getting the message out to the community."
Most of the questions centered on the specific details of the new law, which replaces identification cards and drivers' licenses with a driving privilege card for undocumented immigrants. Of the 65 calls he took Thursday morning, Yapias said about 80 percent were questions on when those ID cards and licenses will expire.
Although all Utah ID cards issued to illegal immigrants expired Thursday at midnight, a driver's license will be valid until the next birthday of the cardholder. But for immigrants whose birthday falls today or this weekend, the previous license is now expired and the driver's privilege card is required.
Many undocumented workers were unaware of that timetable and now must scramble to get the new card before their birthdays. As of June 27, 5,280 driving privilege cards had been issued, with 61,000 drivers' licenses set to expire over the next year.
"If your birthday is July 1, happy birthday, but you're out of luck," Yapias said. "There have been people who were letting their license expire because they didn't know what to do. Get up and go to the DMV and get it as soon a possible."
The changes are also causing confusion at the Department of Motor Vehicles, Yapias said. Some undocumented immigrants are being forced to change over to the driving privilege card immediately, even though their birthdays are not until later this year.
McCleve told the Deseret Morning News Thursday that the rules for the driving privilege cards are the same as for drivers' licenses. They can be renewed up to six months before a driver's birthday. Those with good driving records only need proof of residency to turn in their license for a driving privilege card. However, if they have had more than one ticket per year, they need to retake the written driving test, he said.
Another group that becomes eligible for the driving privilege card today are those who can prove a legal presence, but who don't have a work purpose, such as those with student visas or some foreign workers at Hill Air Force Base.
McCleve said that expiration notices will be sent to 61,000 undocumented driver's license holders as their birthdays near. DPS is also hand-checking nearly 30,000 undeliverable state ID expiration notices to find out why they were returned unopened, he said.
McCleve said Thursday that those who don't have a Social Security number should turn in their expired ID or driver's license for a current driving privilege card.
"If you have any contact with law enforcement and they happen to check that ID and it's expired, as law enforcement officers, they're going to dig a little deeper," McCleve said. "People are much better off to turn in their information . . . and get their new cards."
Yapias, who had also answered radio calls for three hours Wednesday, said most of the callers are not complaining about the new law; they just want to know the facts so they can obey it.
"They're not questioning that this is bad or saying they're upset. More than anything they're asking, 'What is it that I need to do to be compliant?' " he said.
One of the major concerns for many immigrants is that the new driving privilege card will lead to racial profiling by police and possible deportation after routine traffic stops.
Silvia Pena, an attorney with Utah Legal Services, suggested to worried callers that the best thing to do is make sure they are driving safely and never get pulled over.
From functioning headlights to current registration, Pena said, immigrants should not be worried about being deported if they are following traffic laws.
"The uncertainty of living like that is hard on them. Most of them are scared they're going to get picked up right away," Pena said. "I don't think that's going to happen, but they're worried about it."
Pena also told radio callers that they should stay calm if they are pulled over by the police, and that they should not answer questions about their immigration status without an attorney. Many undocumented immigrants get nervous and then hostile, she said, and that often leads to more serious charges, ending in arrest and even deportation.
McCleve said that racial profiling is "not tolerated" by his or any law enforcement agency. Both McCleve and Yapias urged anyone who believes he or she has been profiled to contact the administration of the Utah Highway Patrol or the agency of the officer who was involved.
"If they mistreat you or you feel like they were profiling, then you always have the opportunity to file a report," he said. "But rather than get nasty with a police officer, be patient, be calm.

E-mail: estewart@desnews.com, dbulkeley@desnews.com