New Massachusetts driver's license law requires proof of 'lawful presence' in U.S.




By Shira Schoenberg | sschoenberg@repub.com
on July 26, 2016 at 5:40 PM, updated July 26, 2016 at 6:04 PM


Massachusetts will begin issuing driver's licenses that comply with new federal requirements in the fall of 2017, after Gov. Charlie Baker signed a law on Tuesday bringing the state into compliance with the federal REAL ID law.

"The security standards and proper federal documentation requirements set out in this bill are imperative as the Registry begins the gradual process of implementation so credential holders may continue to board domestic flights and enter federal buildings in the coming years," Baker said in a statement.

Registrar of Motor Vehicles Erin Deveney said drivers will be able to get the new licenses gradually, as their old licenses come up for renewal. "Please do not run to the RMV," Deveney said. "The current driver's license you have, as long as it's a credential in good standing, is still valid."

The new licensing requirements are raising concern from some advocates for immigrants, who oppose an amendment included in the new law clarifying that only someone with lawful immigration status can get any kind of driver's license. This means that for the first time, everyone applying for a license in Massachusetts will have to prove they are in the U.S. legally.

"The documentation that we accept to meet our current requirements will in many instances help individuals to meet the new requirement, but we will be asking these questions specifically next fall," Deveney said.

Licenses with the new design, which will eventually be compatible with REAL ID requirements, are beginning to be produced this week. They will not yet be officially compliant with REAL ID, because the state must still complete technology and security upgrades required by the federal law.

The new design includes raised lettering, laser engraving, a second bar code containing demographic information and a distinct design. The design includes pictures of the Statehouse's golden dome, the chickadee state bird, the Mayflower state flower and the Civil War memorial to the Massachusetts 54th Regiment.

"The new cards include the most secure credentials that North America can offer," Deveney said.

REAL ID, passed in 2005 in response to the terrorist attacks of Sept. 11, 2001, sets minimum security standards for state-issued driver's licenses. If a state does not meet those standards, its licenses cannot be used to enter federal buildings or board airplanes.

Massachusetts currently has a waiver from the federal government. But by Oct. 1, 2020, every Massachusetts resident will need a REAL-ID compliant license to enter a federal building or board a plane.

With the new law, Massachusetts has adopted a two-tiered system. That means someone who does not want a REAL ID-compliant license can apply for a regular Massachusetts license, without providing the additional documentation required by REAL ID.

After some Republicans raised questions about whether the system would make it easier for immigrants who are in the country illegally to get Massachusetts licenses, Baker, a Republican, introduced an amendment clarifying that only someone with lawful status can get any kind of driver's license.

The law reads: "No license of any type may be issued to any person who does not have lawful presence in the United States."

"By explicitly prohibiting the issuance of a driver's license to individuals who do not have lawful presence in the United States, we are not only upholding the security and integrity of our licensing system, but also moving Massachusetts into full compliance with the federal Real ID Act," said House Minority Leader Bradley Jones, R-North Reading.

But the Massachusetts Immigrant and Refugee Advocacy Coalition, which supports giving licenses to immigrants without legal status, said the language is unnecessary.

Amy Grunder, director of legislative affairs for MIRA, said there are also questions about whether the law adds new documentation requirements for Massachusetts license applicants to prove their citizenship status. She noted that low-income residents are less likely to have access to documents like passports or birth certificates.

"The concern is you're taking a federal requirement and importing it into Massachusetts licenses, where it's never been required before," Grunder said.

Deveney said the governor's amendment does institute a new requirement that a person prove their "legal presence."

Some of the documents the Department of Transportation already accepts to prove things like residency or date of birth — such as a passport — can be used to prove legal presence. But there will be a difference. Currently, the only time immigration status comes up in licensing is if someone does not have a Social Security number, they must prove they have a valid visa. Going forward, a Social Security number will not be enough to prove citizenship or legal presence.

Deveney said state officials will publish information to help elderly and other customers learn about the new requirements in time to get the necessary documents.

http://www.masslive.com/politics/ind...aw_requir.html