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Limited-use license sought for illegal immigrants
Backers of plan before a Senate panel say it could increase insured. Critics say it seems to support illegal immigration.

By AMY TAXIN and JIM RADCLIFFE
The Orange County Register

Patt Khalili's beloved 1986 Mercedes has been rear-ended twice by drivers he believes were illegal immigrants because neither had a license or insurance.

The 43-year-old Garden Grove resident haggled with his insurance company for reimbursement in the first accident, in 2003. The second driver paid out of his pocket.

Martin, an illegal immigrant from Mexico, knows he's not supposed to drive without a license or insurance. But the Santa Ana resident bought a 1989 Nissan Altima to get to his gardener job in Irvine. The 32-year-old says he drives with extra care to avoid accidents.

The two men represent the crux of a debate playing out in a state Senate Committee over the latest proposal by Sen. Gilbert Cedillo, D-Los Angeles, to give illegal immigrants limited-use driver's licenses. One benefit of such a law is that those drivers would be more likely to buy auto insurance, Cedillo said.

However, it is nearly impossible to say how many such drivers would buy insurance since no one really knows how many uninsured, unlicensed, illegal immigrant drivers there are, a fact Cedillo's office acknowledges. An estimated 2 million people could qualify for licenses under the bill, half of whom may be driving today, said Dan Savage, Cedillo's chief of staff.

UNINSURED MOTORISTS
The California Department of Insurance - based on various state records - estimates the state has 3.1 million uninsured motorists. State and industry experts say there is no way to tell how many illegal immigrants are driving without licenses and insurance.

"The motivation, generally speaking, is they don't think they can afford (insurance), or they believe they don't need it," Robert Hartwig, the chief economist with the Insurance Information Institute, a nonprofit group backed by the insurance industry, said of uninsured motorists.

But, he says, "You could take out every single illegal immigrant in California and still have - my guess - 10 percent of drivers running around with no insurance."

While illegal immigrants can't get driver's licenses in California, they can buy liability insurance, get auto financing and purchase and register their cars.

"I feel pretty irritated by it," Khalili said of uninsured motorists such as Martin. "I felt that way before the accidents, and I feel more strongly about that now."

UNLICENSED, INSURED
There is a niche - likely quite small - of California drivers who don't have licenses here but do have insurance.

Insurance brokers say more companies have started offering liability insurance to drivers with foreign licenses in the past two years, including illegal immigrants.

"It's a double-edged sword, because you're tapping into a market a lot of people aren't tapping into," said Uni Aguilar, manager of Mey's Insurance in Riverside. "At the same time, your risk is a lot higher than others, because you can't verify driving experience."

But motorists with foreign licenses pay more than those with California licenses - discouraging many drivers from buying or retaining policies, brokers said.

"It's a good portion of our business," said Joe Garcia, a broker at Performance Plus Insurance in Santa Ana. "We're trying to basically educate people here who can't get a license in California - better at least you can have some kind of protection and it's a benefit to all of us who have insurance as well."

CONCERNS WITH BILL
To become law, Cedillo's bill will have to overcome more than worries about insurance or a hard count of how many drivers it would cover.

Security also has been cited as a reason not to issue licenses to illegal immigrants since driver's licenses typically double as identification. And critics say even these limited licenses would seem to sanction illegal immigration.

Cedillo said the limited license would look different than that of legal residents', so it wouldn't be accepted as identification for airline travel or at a federal facility.

Alejandro, 39, an illegal immigrant from Mexico, said he would like one of those licenses even if it does look different. Now, he catches rides with friends to get to work picking strawberries.

"If you buy a car, you run the risk of the police taking it away," said the Garden Grove resident. "You're just spending money to lose it."

KEY DATES

1993: California Senate Bill 976 requires for the first time that applicants for a California driver's license provide proof of legal U.S. residence.


October 2000: Social Security Administration grants access of Social Security numbers to state Department of Motor Vehicles, making it more difficult for illegal immigrants or others to improperly get driver's licenses.


2001 and 2002: Gov. Gray Davis vetoes bills by Assemblyman Gil Cedillo, D-Los Angeles, that would let some illegal immigrants get temporary licenses.


September 2003: Senate Bill 60, which allows illegal immigrants to use a Taxpayer Identification Number to obtain a California driver's license, is passed by the State Assembly and Senate and signed by Davis.


December 2003: Gov. Arnold Schwarzenegger, following through on campaign promises, signs the repeal of SB60 just days after the Senate and Assembly vote for the repeal.


February 2004: Cedillo introduces illegal-immigrant-license bill requiring illegal immigrants to pass criminal background checks, produce birth certificates or other identifying documents, and pay $160 to cover license-processing costs.


September 2004: Schwarzenegger vetoes bill, saying it does not address security concerns, insisting that driver's licenses for illegal immigrants have a visible mark to distinguish them from the licenses given to legal residents.


February 2005: Cedillo introduces the 2004 bill again, including several changes aimed at overcoming objections from Schwarzenegger.


June 2005: The Real ID Act, which among other things would inhibit illegal immigrants from getting driver's licenses also used for federal purposes such as entering a federal building or boarding an airplane, is attached to a $82 billion Iraq supplemental spending bill and signed by President Bush.


October 2005: Schwarzenegger vetoes the new version of the bill, saying that approving the measure into law could have undermined national security efforts.



ROADS: The state Senate is considering a proposal that would give illegal immigrants driver’s licenses, which supporters argue could ultimately lead to safer driving situations.

Sen. Gilbert Cedillo, D-Los Angeles, who authored the bill

"It's our consensus for highway safety ... the only reason we stopped issuing licenses to (illegal) immigrants was not because it wasn't good for highway safety, but because we thought that we would deter immigration, which was kind of silly and absurd and we tried it and it failed."


Sen. Tom McClintock, R-Thousand Oaks, who opposes the bill

"It seeks to legitimize illegal immigration. By granting an official state document to people whose presence is in violation of federal law - what kind of message does that send?"


By the numbers

3.1 million Estimated number of uninsured motorists in California
14 Estimated percentage of motorists who are uninsured in California
200,056 Estimated number of uninsured motorists in Orange County


THE CALIFORNIA REAL ID ACT

Today, the state Senate's Appropriations Committee will decide whether to send SB1160, which proposes to grant a limited-use driver's license to illegal immigrants, to the Senate floor.


The bill, also called "The California Real ID Act," contains the following provisions:
• Adoptnew security measures and background verification for licenses required by the federal Real ID Act
• Allow immigrants awaiting a decision on an application for legal status to apply for a temporary license
• Allow illegal immigrants to hold a drivers-only license that would have a different appearance and would not be a valid form of federal identification

Implementation could cost between $274.6 million and $500.9 million over six years.


VOTING RECORD

In the 2005 session of the California Legislature, here's how lawmakers who represent Orange County voted on SB60, a bill to let illegal immigrants apply for driver's licenses good on California roads:

For: Assemblyman Rudy Bermudez, D-Norwalk; Sen. Joe Dunn, D-Santa Ana

Against: Assembly members Lynn Daucher, R-Fullerton; Chuck DeVore, R-Irvine; Tom Harman, R-Huntington Beach; Bob Huff, R-Diamond Bar; Todd Spitzer, R-Orange; Van Tran, R-Westminster; and Sens. Dick Ackerman, R-Irvine; John Campbell, R-Irvine (now a member of Congress); Bob Margett, R-Arcadia; Bill Morrow, R-Oceanside.

Didn't vote: Assemblyman Tom Umberg, D-Santa Ana

Compiled by state editor Holly Heyser.