Frequently Asked Questions about the Safe Driving Bill

Transcription

1 Frequently Asked Questions about the Safe Driving Bill Background: Currently in Massachusetts, only citizens and some categories of documented immigrants are eligible to take a driver s exam and go through the driver s licensing process. This policy means that many residents who need to drive for example to take a child to a doctor s appointment or school are driving without full knowledge of our traffic laws and without liability insurance. The current situation also forces law enforcement and courts to waste time and resources dealing with unlicensed driving by residents who would be eager to comply with a licensing process if permitted to do so. The Safe Driving Bill, H.2985 (Sen. Jehlen, Rep. Farley-Bouvier), would enhance road safety in Massachusetts by disentangling immigration status from the licensing process, ensuring more current drivers could become trained, licensed and insured. 1) How would the Safe Driving Bill impact public safety? By divorcing the driver s exam and licensing process from immigration status, the Safe Driving Bill would ensure that a higher proportion of drivers have the requisite knowledge of our driving laws and would decrease the likelihood of traffic accidents. It would also reduce a motive for flight 1 from accident scenes (i.e. the fear of arrest for unlicensed driving) increasing the likelihood that those hurt when accidents do occur receive timely medical assistance. Furthermore, when accidents occur, first responders would be able to use licenses to identify more individuals in emergencies. Beyond reducing accidents, increased participation in drivers licensing also saves lives by increasing rates of organ donation. California saw a 30% increase in its organ donor list in just the first two months after implementing Safe Driving the only spike that registry has seen in years! 2 The Safe Driving Bill would also reduce demand for fake licenses (helping stem the black market for their manufacture), and allow police to more quickly identify drivers with a genuine state-issued document saving valuable police resources. Currently, when police pull over an unlicensed driver, they have little information to determine if she is a person who wishes to comply with the law and is simply ineligible for a license or if she is hiding her true identity. The Safe Driving Bill, by reducing rates of unlicensed driving, would allow police to focus on more critical functions than establishing the identity of drivers in the former group. Domestic violence survivors, and their advocates, have also shared that the absence of a driver s license poses an additional barrier between domestic violence victims and safety. Domestic violence victims currently trapped in abuse are often counseled to keep their most essential items in their car so that, when an opportunity to escape arises, they can gather their children and quickly leave. Obviously, the absence of permission to drive can prevent many victims from escaping quickly when an opportunity arises. 1 According to a nationwide study by AAA, from , an estimated 32.4% of fatal-crash involved drivers who lacked a valid license left the scene of the crash; and an estimated 51.2% of all drivers who left the scene of a fatal crash lacked a valid license. See AAA, Unlicensed to Kill, November Available at: 2 See, e.g., Fresno Bee, Signups by undocumented immigrant drivers may explain 30% boost in organ donors, March 11, Available at:

2 2) How would the Safe Driving Bill impact insurance costs? In Massachusetts, drivers must provide proof of mandatory liability insurance before registering a vehicle or renewing a registration. In order to be eligible for liability insurance, a driver is supposed to produce a driver s license. Persons visiting the U.S. on a temporary visa may legally drive on a foreign license in Massachusetts for up to one year after entry into the U.S. However, those who originally purchased vehicle insurance with a foreign license may be unable to renew their insurance after that foreign license has expired. The status quo means that residents who are ineligible to obtain a Massachusetts license are often unable to obtain or renew an insurance policy and therefore are unable to comply with our state s mandatory liability insurance requirements. No one wants to be involved in an accident with an uninsured driver and to pay an insurance deductible of $500, or even $1000, for which she is unable to obtain any reimbursement. Yet, the status quo, by withholding a prerequisite to insurance from many drivers, means we are all more likely to find ourselves in this situation even if we are completely without fault in an accident than we would be with the Safe Driving Bill were in place. The Safe Driving Bill would ensure that more drivers are able to purchase mandatory liability insurance, reducing the chances that any Massachusetts driver will be in an accident with an uninsured motorist. Results in states that have passed Safe Driving Legislation demonstrate that when given a process to purchase liability insurance, immigrants do so! 3 3) Would the Safe Driving Bill cause our state to be out of compliance with the REAL ID Act? No. Massachusetts is not currently cooperating with the REAL ID Act of 2005, and most driver s license provisions of that act (including those dealing with plane boarding) are not currently being enforced. The REAL ID Act contains many unfunded mandates for state issuance of driver s licenses including protocols that have nothing to do with immigration status, for example technology and information sharing provisions. (Note that the widespread opposition to REAL ID compliance flows largely from concerns about its being an expensive unfunded mandate, as well as from serious privacy concerns related to its information sharing provisions.) The Safe Driving Bill would neither cause our state to comply with the REAL ID Act driver s license provisions nor prevent future changes to make some Massachusetts licenses REAL ID compliant. 4) Would the Safe Driving Bill allow non-citizens to vote in federal or state elections in Massachusetts? No. A driver s license does not evidence citizenship, and residents must attest to citizenship when registering to vote in Massachusetts. The Commonwealth has never required a driver s license to vote. Notably, driver s licenses are already available to many non-citizens, for example green card holders, in Massachusetts and every other state in the nation. 3 Two commonly used measures of rates of uninsured driving both demonstrate a decrease in New Mexico since 2003, the year immigration status ceased to be a barrier to becoming a licensed driver in that state. New Mexico s Motor Vehicle Department, using information about vehicle insurance lapses estimated that the uninsured rate in New Mexico decreased from 33% in 2003 to 9% in The Insurance Research Council, which bases its calculation on how frequently insurance companies process car-crash claims involving an uninsured motorist. In 2002, it estimated the uninsured rate at 30% in 2002 and in 2013 indicates the rate is at 26%. See Safe Roads New Mexico, FAQs (Available at Albuquerque Journal, Effects on Insurance Unclear, July 2, 2012 (Available at: Insurance Research Council, Data Visualizations (Available at: In Utah, the uninsured driver rate also has decreased since 2004, the year prior to that state s reform of its driver s licensing requirements to allow undocumented immigrants to drive. Data from Insure-Rite show a decrease from 6.14% in 2004 to 3.68% in 2010, the last year for which data is available. Insure-Rite Incorporated, Utah Uninsured Motorist Rate (Available at:

3 5) Would the Safe Driving Bill allow persons who don t yet have work authorization to get jobs? No. A driver s license does not confer work authorization. The federal government requires that employers verify work authorization of employees through the I-9 process. The I-9 process provides that an applicant for employment provide (1) a document from a list of documents that evidence both identity and work authorization ( list A ) OR (2) two documents: one from a list of acceptable documents that evidence identity ( list B ) AND one from a list of acceptable documents that evidence work authorization ( list C ). An unexpired driver s license is not contained non list A or C. Therefore, anyone who submits a driver s license to an employer as part of the I-9 process would continue to need to submit a separate form of proof of work authorization (such as a social security card or employment authorization document from the federal government). 6) Would the Safe Driving Bill make more residents eligible to purchase guns? No. Citizenship or immigration documents are required for a firearms permit in Massachusetts, as well as for a federal firearms license. Undocumented immigrants are ineligible for such permits. Driver's licenses do not evidence, and have never have evidenced, immigration status. 7) Would the Safe Driving Bill make more residents eligible for public benefits? No. For most public benefits, verification of immigration status is required. (For example, the Office of Medicaid requires that an applicant state her citizenship or immigration status in order to apply for program where citizenship or immigration status is an eligibility requirement, and the agency checks a Department of Homeland Security database to confirm her status.) A driver's license does not indicate whether someone is a citizen or holds any immigration status, and it is not accepted as evidence of citizenship or lawful immigration status. 8) Would immigrants be able to board planes with driver s licenses? Yes. However under current law, undocumented immigrants can already board planes with foreign passports or certain other foreign-issued identity documents. (If REAL ID provisions with regards to plane boarding are ever implemented by the federal government, non-real ID compliant licenses will not allow anyone to board a plane, and as undocumented immigrants are categorically ineligible for REAL ID compliant licenses, they would not be able to use their driver s licenses to board planes.) It is important to remember that we have rigorous passenger screening processes at airports. The fact that someone is an immigrant or citizen is not relevant to whether she poses a safety risk. 9) What would the Safe Driving Bill do about those who have foreign driving records? It is already the case, under current law, that the RMV licenses persons who have driven in other countries. That is because many categories of immigrants are currently eligible for Massachusetts driver s licenses, and many U.S. citizens have also lived, and driven, in other countries. Following passage of the Safe Driving Bill, many persons with foreign driving records including many who are currently driving unlicensed would have a process to take a driver s exam, become a safer driver, and purchase liability insurance.

4 10) How does the Massachusetts RMV currently verify the identity of driver s license applicants, and would this process change under the Safe Driving Bill? The RMV currently requires from every applicant for a drivers license three documents from the attached list: 4 one document verifying that the person is a Massachusetts resident, one verifying the person s date of birth, and one verifying the person s signature. In addition, the RMV requires an applicant s Social Security Number (SSN) or a letter from the Social Security Administration (SSA) stating that the person is ineligible for an SSN, together with a foreign passport containing an I-94 and visa code. Only this last requirement, the provision of immigration documents from persons who have a denial letter showing they are ineligible for an SSN, poses the barrier to licensing based on immigration status. The Safe Driving Bill would amend the current policy whereby an applicant for a learner s permit or license who does not have an SSN must provide immigration documents. In implementing the Safe Driving Bill, the RMV could maintain the current policy whereby an applicant must submit a denial letter from the SSA (but could not require an I-94 and visa code), or they could adopt other documentation requirements so long as they did not require proof of immigration status. 11) Will individuals come forward to comply with the Safe Driving Law if passed? So long as the licensing process does not discourage immigrant applicants through discrimination or spotlighting their status, yes. In Massachusetts in 2014, hundreds of immigrants from across the state came out to show their support for Safe Driving legislation at events in support of Safe Driving. The problem is that the current policy in Massachusetts bars some residents from participating in the processes that ensure safer streets and communities. One strong example of immigrants coming forward to a government agency in order to comply with a legal process is the example of youth who arrived in the U.S. as children and are now eligible for Deferred Action for Childhood Arrivals (DACA). When a process to apply for DACA was created in 2012, thousands of eligible youth in Massachusetts applied to the federal government, despite the fact that DACA application fees are very high and DACA is only a temporary status. 12) Do other states have a process to test and authorize residents to drive without regard to immigration status? Yes. Ten states (in addition to Washington D.C. and Puerto Rico) already provide for drivers to become tested, licensed and insured regardless of immigration status: California, Colorado, Connecticut, Illinois, Maryland, Nevada, New Mexico, Utah, Vermont and Washington State. Many more are considered doing the same. Clearly the movement nationwide is toward inclusive policies for safer roads and communities. For more information, please contact: Shannon Erwin, MIRA Coalition, [email protected], ext. 222 Natalicia Tracy, Brazilian Immigrant Center, [email protected] 4 See Registry of Motor Vehicles chart of required identification documents, final page of this document.

5 You must provide one document from each list below to prove Massachusetts residence, signature, and date of birth. These must be three different documents. In addition, you must provide a verifiable SSN or a Denial Notice (not more than 60 days old) issued by the SSA with a visa, I-94*, and current non-us Passport. Massachusetts Residence (Photocopies are not acceptable) Current MA learner s permit, MA license, or MA ID card Expired MA driver s license or MA ID card (expired no more than 12 months) Certified or attest ed copy of a court order of a federal, state, or county court within the U.S. that contains a raised court seal and includes the applicant s full name, residential address, and DOB (examples include an adoption document, a name change document, and a gender change document) (dated within 12 months of application) Home mortgage or lease; or loan contracts (examples include Retail Installment Sale Agreement, and Motor Vehicle Installment Sale Contract), with the applicant s name, residential address and signature (dated within 12 months of application) Current, valid homeowner s or renter s insurance policy with the applicant s residential address that is for the current or immediate prior year (a) A bank passbook with applicant s name and residential address printed or written in a designated place in the passbook; (b) A bank statement or transaction-related document (no more than 60 days old) on a form generated by the issuing bank and displaying the bank s name and mail address, and the applicant s name and residential address, received through mail by applicant; (c) A checkbook with the applicant s preprinted name and residential address; or (d) ATM/Debit Card statement with name and residential address (no more than 60 days old) Canceled personal check (copy acceptable if printed on a sheet with other cancelled checks and issued as part of a monthly statement by the bank) with signature of applicant and preprinted residential address on the check and dated not more than 60 days earlier Original or certified copy of a U.S. - issued Marriage Certificate (dated within 6 months of application) A utility bill (gas, electric, wired telephone, wired cable, or heating oil delivery bill) (no more than 60 days old) that contains the applicant s name and residential address Current Massachusetts registration card A property tax or excise tax bill that is for the current or the immediate prior year and contains the applicant s name and residential address Tuition bill or student loan coupons, with residential address, with a due date of not more than 12 months old Original school transcript with name and residential address (not valid if more than 12 months old) Original letter issued and signed by the principal, headmaster, or official keeper of the records of a MA school (including a college or university) on school s letterhead that states the applicant is currently a resident student and includes the name and date of birth (dated within 12 months of application) Medicaid correspondence (dated within six months of application) Credit Report issued by Experian, Equifax, or TransUnion (dated within 12 months of application) Annual Pension or Retirement Statement for the current or immediate prior year Annual Social Security Statement for the current or immediate prior year First-class mail from any federal or state agency that displays residential address W-2 Form from current or previous year that displays residential address Cell phone, credit card, doctor, or hospital bill issued within the last 60 days Voter registration signed & certified by city/town clerk Pre-printed pay stub with employer s name and address and applicant s name and residential address (no more than 60 days old) Current car loan payment book that displays residential address Car insurance policy/bill (no more than 60 days old) Current MA-issued Professional License that displays residential address Jury Duty Summons (dated within 12 months of application) Census or Census Verification for current year MA Firearms Card, with photo, signature, residential address, and DOB (expired no more than 12 months) year old applicants Notarized statement from parent/legal guardian that states applicant currently resides in the parent/guardian s home *The I-94 can be either a paper version from US Customs and Border Protection or a printout of an electronic version downloaded from their website: Date of Birth (Photocopies are not acceptable) U.S. or non-u.s. passport (including passport card) with photo (non-us passport must contain visa and I-94*) Current MA learner s permit, MA license, or MA ID card Expired MA license or MA ID card Out-of-state license with photo and DOB issued by a state, territory, or possession of the U.S., D.C., a province of Canada, or a state of Mexico or the Federal District of Mexico City Original birth certificate issued in the U.S. or its territories or a copy certified by the agency that issued the original certificate or a copy certified by a Bureau of Vital Statistics or a state Board of Health within the United States (a hospitalissued certificate is not acceptable) Original out-of-country birth certificate certified by the agency that issued it. If not in English, the certificate must be translated. Certified or attested copy of a court order of a federal, state, or county court within the U.S. that contains a raised court seal and includes the applicant s full name and DOB (examples include an adoption document, a name change document, and a gender change document) Certain Bureau of Citizenship and Immigration Services documents and other U.S. Government immigration documents (See list of Official Immigration Documents) U.S. military discharge papers (DD 214) with DOB U.S. Coast Guard Merchant Mariner card with photo and DOB Original or certified copy of a U.S. - issued Marriage Certificate with DOB listed Original or certified copy of a baptismal certificate, provided the original certificate was issued within one year of the applicant s birth by a church in the U.S. and contains the applicant s DOB Original letter issued and signed by the principal, headmaster, or official keeper of the records of a MA school (including a college or university) that is on school letterhead and states the applicant is currently a resident student and includes the name and DOB U.S. military (or military dependent) ID with photo and DOB MA Firearms Card, with photo and DOB Signature (Photocopies are not acceptable) U.S. or non-u.s. passport (including passport card) with photo (non-us passport must contain visa and I-94*) U.S. Coast Guard Merchant Mariner card with photo and signature Current MA learner s permit, MA license, or MA ID card Expired MA driver s license or MA ID card Out-of-state license with photo and signature issued by a state, territory, possession of the U.S., D.C., province of Canada, or a state of Mexico or the Federal District of Mexico City Certain Bureau of Citizenship and Immigration Services documents and other U.S. Government immigration documents (See list of Official Immigration Documents) Lease or loan contracts, with name and signature U.S. military discharge papers (DD 214), with signature Canceled personal check (copy acceptable if printed on a sheet with other cancelled checks and issued as part of a monthly statement by the bank) with signature of applicant and preprinted residential address on the check Original or certified copy of a U.S. - issued Marriage Certificate Current or expired ID with photograph and applicant s signature, issued by a U.S. agency, the District of Columbia, a state or state agency (but not a state college/university ID), a municipality, a territory, or a possession of the United States, a province of Canada, or a state of Mexico or the Federal District of Mexico City U.S. military (or military dependent ID) with photo and signature Selective Service Card with name & signature Social Security Card MA Firearms Card, with photo and signature Official U.S. Immigration Documents (Photocopies are not acceptable) If the document has an expiration date which has passed, the document is not acceptable. 1. Certificate of Naturalization N-550, N-570, or N Certificate of Citizenship....N-560, N-561, or N U.S. Citizen Identification Card......I-179 or I Permanent Resident Card ( Green Card ).....I Temporary Resident Identification Card... I Record of Arrival and Departure I-94* The I-94 and the valid foreign Passport count as only one Acceptable Document. 7. Processed for I-551 stamp (in valid, Foreign Passport) 8. U.S. Permanent Resident Re-entry Permit....I U.S. Refugee Travel Document I Employment Authorization Card....I-688B, I Documents specific to the applicant based upon decisions of the U.S. Department of State, U.S. Department of Justice (including Executive Office for Immigration Review, Board of Immigration Appeals and former Immigration and Naturalization Service), or U.S. Department of Homeland Security (including Bureau of Citizenship and Immigration Services.)