Undocumented immigrants could soon get N.J. drivers licenses

NJ Assembly Hearing for drivers licenses for undocumented immigrants

The New Jersey State Assembly Judiciary Committee holds a hearing Monday at the Statehouse in Trenton on a bill that would grant drivers licenses to undocumented immigrants.Patti Sapone | NJ Advance Media for NJ.com

Chants of “Si, se puede!” (Yes we can!) and “Licensias si, promesas no!” (Licenses yes, promises no!) reverberated through a Statehouse committee room in Trenton as a bill that would allow undocumented immigrants to obtain New Jersey drivers licenses was debated Monday.

Advocates cried, yelled and even sang testimony for the measure (A4743), which has languished for years but is now quickly advancing through the state Legislature during the lame duck session.

Nine-year-old David Cuautle wiped tears from his face as he explained how he misses out on school because his parents do not have licenses.

“I’m sick and tired of you guys making these promises for at least 18 years,” Cuautle said. “Are you going to wait until I am 18 ? It’s been a long time. And you think this is rough? This is rough for everybody."

“David, you are absolutely right. And David, I’m sick and tired as well of promises not being kept,” said state Assemblywoman Carol Murphy, D-Burlington, a co-sponsor of the measure.

“I’m going to keep my promise,” Murphy added.

The measure cleared the Assembly Judiciary Committee in a 4-2 vote along party lines. It heads to the Assembly floor with the backing of top Democrats and support of Gov. Phil Murphy, a Democrat who has said he would sign the bill. It must pass the full state Senate and Assembly first.

NJ Assembly hearing undocumented driver's licenses

David Cuautle, 9, wipes tears while giving emotional testimony in favor of A4743, which would allow undocumented immigrants to obtain driver's licenses.

There are more than 466,000 undocumented immigrants of driving age in New Jersey, according to a 2018 study by left-leaning think tank NJ Policy Perspective. And 14 states, including New York and Delaware, have enacted laws allowing residents to obtain drivers licenses regardless of their immigration status.

“We know this legislation will change thousands of lives in the Garden State, a state with both urban, suburban and rural communities that require residents to drive a car to get from point A to point B," said Assemblywoman Anette Quijano, D-Union, another sponsor of the bill.

“We have heard over the course of two years residents and advocates raise their voices in favor of this legislation," Quijano added. "I want to say clearly that we heard you.”

The bill would allow for two categories of licenses and IDs: one compliant with the Real ID Act that allows the holder to board domestic flights, and another for driving that would be issued to immigrants regardless of citizenship status and certain senior citizens and other who lack documents. It would not apply to commercial drivers licenses.

The Real ID will indicate the person’s citizenship status, and the drivers license will not. Anyone obtaining a drivers license would have to provide documents to pass the Motor Vehicle Commission’s six-point system to prove identification.

Proponents say licenses will make day-to-day life easier for undocumented immigrants, who are using the roads. They say the licenses could also improve safety on the roads and even reduce auto insurance rates in the state, as most undocumented immigrants are driving without insurance and registration.

Sue Fulton, chief administrator of the state Motor Vehicle Commission, testified that licenses could accomplish her mission of driver safety, and noted the agency would work to ensure they can understand signs, signals and rules of the roads.

“While earning a drivers license might be a rite of passage, it’s not a reward for good citizenship — it’s a tool. Our roads are safer when our drivers are licensed, trained, tested and insured,” Fulton said. “It’s no more or less a way for us to keep our roads and drivers safe.”

Assemblyman Erik Peterson, R-Hunterdon, who voted against the bill, pushed back during her testimony, arguing that opening up drivers licenses to undocumented immigrants could hurt the integrity of the voting process and “accommodates people who are breaking the law.”

Other critics said it could increase human trafficking in the state and conflict with federal law.

The opponents’ concerns were drowned out by the dozens of advocates who came out in droves to fight for the bill. Those who testified said drivers licenses are not a luxury, but essential in their day-to-day life.

Tatiana Rodriguez, an Elizabeth resident who was brought from Uruguay at a young age, said she does not drive because she wants to be a law-abiding member of the state, but hopes to give her son a sense of a normal life in a state where driving is a necessity.

“I have a 6-year-old boy who asks me every day why I can’t drive him to school, why I can’t drive him to his doctors appointments, and why I can’t be behind the wheel to take him to his soccer practice,” Rodriguez said.

Her sentiment was echoed by more than 30 people, who all shared stories of the fear they face when seeing a cop in the rearview mirror, whether they are completing a mundane task like grocery shopping or attending a crucial doctors appointment. And how their paychecks go to fighting traffic tickets and court fees.

This is the furthest the bill has advanced in years, which is cause for celebration, said Arcelia Vivar-Espinosa, a Millville resident who moved from Mexico. But they have only won a battle, she said.

“My community has been suffering for many, many years. I believe it, but I can’t at the same time, because we still have two steps to go," she said.

Sophie Nieto-Munoz may be reached at snietomunoz@njadvancemedia.com. Follow her at @snietomunoz. Find NJ.com on Facebook.

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