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As travelers journey across the U.S. highways, they frequently encounter welcoming signs that greet them as they enter new states. However, the sentiment of welcome does not extend universally to all drivers.
In Florida, individuals holding specialized out-of-state driver’s licenses issued to those living in the U.S. without legal status face strict prohibitions against driving. This year, a similar measure was introduced in Wyoming, and Tennessee’s governor has indicated support for comparable legislation that is currently under consideration.
The implications of these laws are clear. During discussions about the Tennessee legislation, House Majority Leader William Lamberth articulated a sentiment that reflects the underlying message of these measures: “The sign says, ‘Welcome to Tennessee, illegal immigrants are not welcome.’”
In response to President Donald Trump’s intensified efforts to address illegal immigration, Republican lawmakers across various states are implementing new regulations aimed at individuals lacking legal residency in the country. These actions contrast starkly with initiatives in 19 other states and Washington, D.C., which grant driver’s licenses irrespective of proof of legal presence.
The Justice Department is actively challenging a particular law in New York, which safeguards its driver’s license information from the scrutiny of federal immigration authorities.
Despite efforts by the federal government to standardize the licensing process, states continue to adopt radically different policies regarding who can obtain a driver’s license.
Beginning May 7, the U.S. will commence enforcement of a two-decade-old law that establishes national standards for state driver’s licenses to serve as valid proof of identity for adults accessing specific federal facilities or boarding domestic flights. Licenses compliant with the REAL ID Act will bear a star symbol and will require applicants to demonstrate their Social Security number and provide proof of U.S. citizenship or legal residency.
Despite the REAL ID Act’s requirements, states retain the authority to issue driver’s licenses to residents who don’t meet these documentation requirements, provided they satisfy other criteria, such as passing a vision test and a driving laws examination. Many states that issue licenses to individuals living in the U.S. unlawfully do not include indicators on the licenses to show whether the holders are undocumented.
However, some states make explicit distinctions. For example, Connecticut and Delaware mark driver’s licenses that are issued to immigrants who do not have legal status.
This year, Florida took a groundbreaking step by becoming the first state to invalidate specific out-of-state licenses. A law enacted by Republican Governor Ron DeSantis classified it as a misdemeanor, subject to fines and potential jail time, for individuals to drive in Florida with licenses specifically designated for undocumented immigrants or those lacking proof of legal presence.
Currently, the law’s application is limited, as it only invalidates specially marked licenses from Connecticut and Delaware, according to the Florida Department of Highway Safety and Motor Vehicles.
Connecticut has issued close to 60,700 “drive-only” licenses for immigrants unable to verify their legal presence. Meanwhile, Delaware has not publicly shared statistics on similar licenses in response to inquiries from Associated Press.
Facing Florida’s ban, Connecticut’s Democratic Governor Ned Lamont previously proposed eliminating the special designation for licenses issued to undocumented immigrants, advocating for the issuance of the same type of license as those who do not apply for a REAL ID. However, this proposal did not advance to a vote.
In addition to Wyoming and Tennessee, several other Republican-majority states have this year contemplated legislations aimed at invalidating particular out-of-state driver’s licenses issued to unauthorized immigrants. Such regulations have passed at least one legislative chamber in states like Alabama, Montana, and New Hampshire, while proposals have emerged in North Dakota, Oklahoma, and South Carolina.
State Senator Chris Elliott, who sponsored the bill in Alabama, emphasized the intent behind the legislation: “We want to discourage illegal immigrants from coming to or staying in Alabama. If someone illegally in the U.S. drives to Alabama, they should turn around and go somewhere else.”
Expressing concerns regarding the implications of the legislation, Democratic Alabama State Senator Linda Coleman-Madison suggested requiring highway welcome signs to inform motorists about the restrictions concerning certain driver’s licenses.
“We have people that come here for a lot of events — tourists, vacations — that could be caught in this. So we need to let people know,” she explained. “I think some of our laws are mean-spirited, and sometimes we just have to call it what it is.”
This emerging trend of local legislation reflects a broader movement of states engaging in federal immigration enforcement issues, pointed out Kathleen Campbell Walker, an immigration attorney situated in El Paso, Texas.
While the laws may seem stringent, their enforcement may not be as robust as intended. Advocates for immigrants in Florida have reported a lack of documented instances where these driving regulations have been actively enforced.
Yet, as Jeannie Economos from the Farmworker Association of Florida noted, “it is a concern because some undocumented individuals have sought out driver’s licenses in other states where they are available to use them here.”
States like California continue to offer driver’s licenses to immigrants without legal status. Robert Perkins, an attorney in the Los Angeles area for immigrants seeking legal status, remarked that Trump’s immigration policies have instilled “anxiety and fear” among those affected.
“Even individuals with a California driver’s license are terrified to go anywhere,” Perkins stated.
Source
abcnews.go.com