Texas sued again over driver's license policy

By Brandi Grissom / Austin Bureau
Posted: 01/29/2009 12:00:00 AM MST

AUSTIN -- A civil-rights group Wednesday sued the state of Texas over its controversial new policy that denies driver's licenses to some documented immigrants and issues different-looking licenses to single out noncitizen drivers.

"We are confident the courts will step in and put an end to these arbitrary rules," said Nina Perales, Southwest regional counsel for the Mexican American Legal Defense and Educational Fund.

In October, the Texas Department of Public Safety implemented a new rule that denies driver's licenses and identification cards to people whose legal status in the U.S. expires in fewer than six months.

The department also started printing vertically oriented driver's licenses with the words "TEMPORARY VISITOR" for all noncitizens.

DPS spokeswoman Tela Mange declined to comment and said the department did not discuss pending litigation.

In the past, the DPS and Gov. Rick Perry have said the new rules were aimed to prevent undocumented immigrants from obtaining driver's licenses and to protect the integrity of licenses as an identifying document.

In a lawsuit filed in state court, MALDEF alleges that the DPS overstepped its authority by implementing the rules. Only lawmakers, MALDEF argues in the lawsuit, have the power to create such a rule.

"DPS has tried to sneak these rules in through the back door and in doing so, has created a litany of problems preventing both citizens and noncitizens with legal permission from receiving licenses," said David Hinojosa, MALDEF's lead attorney in the case.

The MALDEF lawsuit is the second one filed so far to challenge the new rules, which opponents argue also could lead to discrimination against legal U.S. residents.

Earlier this month, the Texas Civil Rights Project sued the DPS, alleging the rules are discriminatory and overly burdensome.

Lawmakers both for and against the new driver's license rules are also planning their own fight over the policy.

A group of conservative legislators plans to file a bill making the DPS rules law. It's important, they have argued, to ensure that people here illegally don't obtain legal identification.

State Rep. Ruth Jones McClendon, D-San Antonio, plans a proposal to undo the DPS rule, which she called unfair. She agreed with MALDEF that the department lacked the authority to make what she called immigration policy.

"They're completely off base," she said, "and they need to be put in check."

Brandi Grissom may be reached at bgrissom@elpasotimes.com; 512-479-6606.

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