Licensing All Drivers

Many states are considering legislation that would allow qualified undocumented immigrants to get driver’s licenses. Such legislation would not violate federal immigration law, which does not prohibit states from licensing all drivers, regardless of whether they are in this country with proper immigration papers.

Instead, it is up to each state to determine what requirements they have for licensing drivers. North Carolina, Tennessee, New Mexico, Utah and most recently California have decided not to require driver’s license applicants to submit a Social Security card to prove identity. Five other states—Arizona, Colorado, Georgia, Texas and Illinois—are considering similar proposals.

The state laws that have passed—and those pending—only give people without a Social Security number the right to apply for a driver’s license. In order to get a license, they still have to pass the same written exam, eye exam and demanding driving test to guarantee that only qualified drivers get a license.

Currently, thousands of undocumented immigrants now drive on state roads unlicensed and uninsured. Driver’s license restrictions have neither deterred immigration nor encouraged existing immigrants to return to their countries of origin.

Immigrants come to this country in search of a better life. If they hold a job that requires driving, a worker who cannot apply for a license will almost certainly drive anyway. Because a car is a major investment, there is a big incentive to get that car insured against accidents. Allowing immigrants to apply for a license is not a reward for breaking the laws of this country, but a safeguard that all drivers on our roads have gone through testing and can be insured.

Nationally, uninsured motorists cause 14.5 percent of all accidents and more than $4.1 billion in insurance losses per year. Although a few insurance companies may write policies for unlicensed drivers, it is unusual and carries a significant surcharge. Most insurance companies require that a driver be licensed before they will be insured.

Providing all drivers with the opportunity to get a license and be insured spreads the cost of accident claims among many companies and reduces the number of uninsured motorist claims. In addition to insurance concerns, there are a number of important public policy reasons to allow all drivers to apply for licenses. First, providing licenses to all drivers would aid law enforcement. A driver’s license makes it easier to track outstanding warrants, repeat offenders and child support delinquents. It increases the willingness of immigrant witnesses and victims to aid crime investigations.

Some say that allowing undocumented immigrants to get licenses will lead to identity fraud. In fact, applying simple market principles of supply and demand demonstrates the opposite is true. Allowing immigrants to get driver’s licenses will remove the demand from the fraudulent document market, thus decreasing the need for “fake” identities.

Opponents of licensing all drivers also say that allowing undocumented immigrants to get licenses affects the security of this country, but providing doing so actually makes us safer. By allowing undocumented immigrants to apply for and receive driver’s licenses, the state is aware of the name, address and in some instances will have the fingerprints of many of the immigrants who would have otherwise flown under the radar.

Contrary to popular belief, no one is a criminal for merely being an undocumented immigrant—it’s a status offense with no criminal penalty. In most states there are thousands of working undocumented immigrants and in many cases, the states depend on their labor to boost sagging economies. A driver’s license simply allows all people to drive safely and with insurance on the roads.

Further, providing licenses for all drivers would improve public safety and accountability by maintaining current security standards. States that license undocumented workers require applicants to submit a valid Social Security number or, as substitute, an affidavit or an individual tax identification number in addition to other information such as a utility bill or rental agreement to prove identity and place of residence. States that allow the use of alternative documentation in lieu of Social Security numbers, such as North Carolina, New Mexico and Utah, accept individual tax identification numbers issued by the Internal Revenue Service.

Passing laws that would allow all drivers to obtain a license and insurance only after they pass driving and written tests, submit proof of identity and comply with all other licensing requirements means that the roads will be safer for all drivers.

Maria Valdez is acting regional counsel of the Midwest office of the Mexican American Legal Defense and Educational Fund (MALDEF), a national civil rights organization dedicated to promoting and protecting the civil rights of the more than 38 million Latinos residing in the United States.

Topics Personal Auto Mexico