No More Driver Licenses for Illegal Immigrants in Michigan, or For Those
With Temporary Work or Student Visas
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Illegal immigrants no longer will be able to get Michigan driver's licenses.
Starting today, a new policy requires more documentation to get behind the
wheel.
Some who legally are in Michigan, but not permanent residents also will be
denied licenses unless state law is changed.
Legislation to allow those on temporary work or student visas to get
licenses is pending in the state Legislature.
Michigan Secretary of State Terri Lynn Land made the announcement Monday.
The policy is aimed at complying with an opinion issued last month by
Attorney General Mike Cox.
Opinions by the Attorney General's Office are legally binding on state
agencies and officers, unless reversed by the courts.
The new policy applies to first-time applicants for Michigan driver's
licenses or identification cards. Updated procedures for renewals soon will
be released.
New applicants will be asked to show a document showing their Social
Security numbers or show they are ineligible for them. They also will have
to document legal and permanent residency in the United States, as well as
Michigan residency, through documents such as a birth certificate, passport
and billing statements.
With Michigan changing its policy, seven states still allow undocumented
immigrants to get driver's licenses or driver's cards. The practice has come
under scrutiny since the terrorist attacks of Sept. 11, 2001.
"This is one more tool in our initiative to bolster Michigan's border and
document security," Land said in a statement. "It also puts Michigan's
procedure in line with those of most other states."
Criticized by ACLU
Michigan law prohibits the secretary of state from issuing a driver's
license to a nonresident. Cox, a Republican, said in his opinion a person
who is not a lawful resident of the U.S. cannot be a resident of Michigan
for purposes of obtaining a driver's license.
He said the Legislature stated a clear intent that a resident for purposes
of Michigan's vehicle code must be permanent and not temporary or transient.
His decision reversed an early opinion by former Democratic Attorney General
Frank Kelley made in 1995. The American Civil Liberties Union of Michigan
has criticized Cox's ruling, saying it would drive illegal immigrants
further underground.
State ID proposed
Democratic Gov. Jennifer Granholm has said she opposes giving driver's
licenses to undocumented immigrants, spokeswoman Liz Boyd said Monday.
Land, a Republican, has proposed legislation to create a new standard driver
's license and state ID card. Only those who are Michigan residents and
legally in the U.S. could get the new standard license under the plan, which
is pending in the state Legislature.
Land's plan would allow immigrants who are legally but temporarily in the
state to get licenses. She said state law must first be changed to allow
that under terms of Cox's opinion.
"Michigan has many outstanding residents who contribute greatly to our
economy and society even though they're here on a temporary basis," Land
said in a statement. "Businesses rely on these talented individuals as well.
Under the attorney general's opinion, those who are in the country legally
but on temporary student or work visas are ineligible for a Michigan license
, though most still can drive using the license of their home country. We
need to reconsider that aspect of the law to avoid unintended consequences
for individuals or job providers." Multipurpose IDs
Land is attempting to comply with the federal Real ID Act, a law to make
driver's licenses more secure and keep them out of the hands of would-be
terrorists.
Cox was asked by state Rep. Rick Jones, R-Grand Ledge, to issue an opinion
on whether illegal immigrants should be able to get driver's licenses.
Cox noted in his opinion last month that driver's licenses often are used to
get jobs, cash a check or get on an airplane.
Here are questions and answers regarding the new policy:
Who does the new policy affect?
The new policy applies to first-time applicants for a Michigan drivera
€™s license or identification card.
What about those seeking to renew their licenses?
Updated procedures for renewals will be released soon.
When does this take effect?
Today
What documentation do new applicants need?
An applicant for an original driver's license or state-issued ID card must
meet four standards in addition to Michigan's driving and physical health
requirements by providing documentation of:
1. A valid Social Security number or show why he or she is ineligible for
one
2. Legal and permanent presence in the United States.
3. Identity, legal name and date of birth
4. Michigan residency
How do I get more details?
Go to the Michigan Secretary of State's Web site
Source: Associated Press and Michigan Secretary of State
For the full article, see Tim Martin, "Mich. halts licenses for illegal
immigrants; Rule on drivers applies to first-time applicants; renewal
process in works", Lansing State Journal, January 22, 2008.
For another article, see Matt Helms, "Starting today, new drivers must prove
legal status", Detroit Free Press, January 22, 2008.
For another, see Tom Greenwood and Darren Nichols, "New drivers must prove
legal status; Secretary of State stops providing identification cards,
licenses today to illegal immigrants", Detroit News, January 22, 2008.
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