New license law has unintended consequence (in TN)

A law meant to give immigrants a temporary state ID has left some legal residents unable to obtain a driver's license.

"I didn't know anything about the law," said Eduardo Martinez, who recently moved here from Chicago. "I thought I needed to present the same documents I presented in Chicago. Now I don't know what I'm going to do, since I need some sort of identification for my job and my housing."

The state law, which went into effect Oct. 1, states the Tennessee Department of Safety may issue a temporary driver's license or identification to people legally in the United States, but only for the time "of the applicant's authorized stay."

The license, however, can't be issued for less than one year or more than five years.

Mr. Martinez has a visa he has to renew every year that will expire in November.

Under the new requirement, Mr. Martinez, although legally in the United States, wouldn't qualify for a Tennessee ID card.

Area lawyers and advocates argue the new requirements keep a lot of people who are in the country legally from obtaining a driver's license. They say the Department of Safety is not considering all the documents that may determine someone's legal status.

"Immigration law is much more complex than what they think," said Chattanooga immigration lawyer Terry Olsen.

He said there are many categories under which a person could be in the country legally that are not being considered under the new law.

Charla Haas, an immigration attorney in Nashville, said the requirement of one year is hurting people who have employment authorization cards, which are only issued for a year at a time, or who have pending permanent residency applications.

"The requirements for the new temporary driver's license go beyond the Real ID Act -- a federal recommendation designed to encourage states to change their driver's license requirements over the next few years," Ms. Haas said.

But Laura McPherson, spokeswoman for the Tennessee Department of Safety, said federal immigration officials have advised state officials that individuals who enter the country lawfully "would typically have other documentation in addition to the employment authorization cards."

They likely could have documents from the United States Citizenship and Immigration Service showing approval for a multiyear stay, she said.

Ms. McPherson said the list of acceptable documents -- including proof of U.S. citizenship or lawful permanent residence and a Social Security number -- was based on those accepted by other state and federal agencies, employers and recommendations by the American Association of Motor Vehicle Administrators.

Nashville resident Ela Naemry, originally from Jordan, has been married to his wife, a U.S. citizen, for three years and is waiting to receive his permanent resident card, known as a green card.

Mr. Naemry said he went to renew his driver's license last week because it was about to expire, but he was told it couldn't be reissued under the new law because his work permit expires in less than one year.

"I've been waiting for my green card for almost a year, and they (USCIS) don't know when I'm going to receive it," he said. "Meanwhile I can't drive because my work permit is always issued for one year," he said.

"I don't know what I'm going to do. I need to drive to work. Maybe I'll start walking or driving a bike," Mr. Naemry said.

CERTIFICATE FOR DRIVING In 2001 Tennessee was one of a few states in the country that issued driver's licenses regardless of immigration status.

On July 2004, the state developed certificates for driving, which were for people who have temporary legal documents or those who don't meet the eligibility requirements for a Tennessee driver's license but can provide proof of identity and residence in the state, according to the Department of Safety Web site.

Tennessee Rep. Richard Floyd, R-Chattanooga, said a lot of people were abusing the driving certificates.

"We weren't comfortable with them. People were just coming to Tennessee to get them," he said, explaining why the state developed the new temporary licenses.

The certificate for driving, as opposed to the temporary driver's license, couldn't be used as identification.

Stephen Fotopulos, policy director for the Tennessee Immigrant and Refugee Rights Coalition, said the certificate for driving "ensured undocumented people could still drive safely with (car) insurance."

Between July 2004 and February 2006, more than 60,000 Tennessee drivers qualified for driving certificates, according to the coalition officials.

Although the certificates also were valid for the period of authorized stay in the country, they were issued "for one year for individuals who couldn't prove they are U.S. citizens or lawful permanent residents," according to the Tennessee Department of Safety Web site.

Officials granting certificates also were able to accept other proof of legal status that now is not accepted for the temporary driver's license. Those other forms of legal status included marriage certificates, refugee travel documents and an applicant's child's birth certificate if it included the applicant's full name, date of birth and age, states the department's Web site.

'FOLLOWING THE LAW' Ms. Haas said the state "is doing this without having knowledge of immigration (law)."

Rep. Floyd defended the legislation, saying it would "inconvenience some folks," but "illegals have created" the problem, not the state.

"I believe the new law is a step toward the right direction," he said. "We didn't create this mess overnight, and we are not going to clean it up overnight."

Mr. Fotopulos said he doesn't believe the intent of the legislation was to prohibit anyone legally in the country from obtaining a driver's license.

"I believe they realize how unsustainable it is for people who are here temporarily, and they're trying to fix it," he said.

Caroline Walker, supervisor of the driver testing centers in Chattanooga, said officials have issued about 20 temporary driver's licenses since Oct. 1, and already a couple of people haven't been able to qualify under the new law.

"They were very upset when we told them, but there's nothing we can do. We are just following the law," she said. "I think we're going to start having more people once their certificates for driving start expiring because a lot of them don't know about the temporary licenses."

"Rep. Floyd defended the legislation, saying it would "inconvenience some folks," but "illegals have created" the problem, not the state."

Yeppers......

"Officials granting certificates also were able to accept other proof of legal status that now is not accepted for the temporary driver's license. Those other forms of legal status included marriage certificates, refugee travel documents and an APPLICANT CHILD'S BIRTH CERTIFICATE if it included the applicant's full name, date of birth and age, states the department's Web site."

Hmmmmmmmmmm Dont think I would get away with this one....I've always been required to submit MY own ID, not my children's for me...

Temporary driver’s license/Identification license:
* As of Oct. 1, 2007, Tennessee residents in the United States on a legal, temporary basis can apply for a temporary driver’s license or temporary identification license.
* The temporary licenses are valid for no less than a year and no more than five years.
* All documents presented as proof of temporary legal presence must show a minimum of one year of authorized stay remaining from the date of application.
* The expiration date of the temporary driver’s license or identification license coincides with the applicant’s length of authorized stay in the U.S.
* The licenses can be used to board a plane, obtain certain medication, cash a check, enter government buildings, lease a home, rent a car, get a library card and buy products requiring age verification.
* Potential applicants include temporary workers, foreign students and spouse/family members.
* Documents needed to receive the licenses include: a valid foreign passport with appropriate forms allowing entry to the United States, a temporary resident identification card, a conditional resident alien card or an employment authorization card.

Source: Tennessee Department of Safety

Georgia’s driver’s license law:
* New Georgia residents applying for a license or permit must show some acceptable form of personal identification that includes full name and month, day and year of birth.
* All applicants must provide proof that he or she is either a United States citizen or an alien here legally.
* To prove legal authorization from the Immigration and Naturalization Service, an applicant must show one of the following documents: a foreign passport with appropriate immigration documents, a resident alien card or temporary resident alien card.

Source: Georgia Department of Driver Services Web site.

Makes you wonder how these people get elected?

They're going to get a big surprise in the not so distant future when Pedro or Julio takes their jobs away from them, and it won't be long after that when we have nothing but Mexicans in all offices of the government. We will be a mirror of Mexico! We are rapidly becoming as corrupt as they are! My state gives ALL illegals a driver's license. Of course, the governor of NM is 1/2 Mexican, and that half is his brain. LOL

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