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Immigration Laws

New York allowed driver's licenses for undocumented immigrants. Is New Jersey next?

Monsy Alvarado
NorthJersey

NEPTUNE, N.J. — A day after New York became the 13th state to allow undocumented immigrants to apply for driver's licenses, New Jersey's advocates renewed calls on Tuesday for the Garden State to be next

"We applaud this historic victory for immigrants — and for everyone that cares about respect, dignity and safety — in New York,'' said Olga Armas, a leader of Make the Road New Jersey, which has lobbied for the change. "This fight has been waged for more than a decade in New Jersey, and it has never been more urgent." 

But advocates will have to wait. A bill introduced last year to make driver's licenses available to immigrants without legal status remains in review, Liza Acevedo, a spokeswoman for Assembly Speaker Craig Coughlin, D-Middlesex, said Tuesday. 

In New Jersey, state lawmakers introduced a bill in November that would, in part, let immigrants without legal status, certain senior citizens and others lacking documentation get a license that could be used only for driving, and not for other purposes.

Gov. Phil Murphy, a Democrat, has said it's an idea he would support. The divisive measure, though, has stalled, with some political observers saying that the proximity of November elections is contributing to the delay.

All 80 seats in the state's Assembly will be on the ballot, and observers expect Coughlin, the speaker, to stay clear of the driver's license bill as it could make Democratic lawmakers targets of attack ads. 

More:New York allows undocumented immigrants to apply for driver's licenses

Fraud found when states grant the licenses

Yony Dubon, an undocumented person from Guatemala, living in New Jersey holds up a sign that translates to "Lets Drive NJ" in Elizabeth. More than 200 people who gathered at Snyder Academy in Elizabeth, Thursday, January 11, 2018 to rally for undocumented people in New Jersey to have the right to obtain a drivers license. Outgoing governor, Chris Christie has spoken against it however, Phil Murphy, who will become governor next week, has different views than Christie on the subject.  If New Jersey passes the legislation it will become the 13th state to do so.  Washington D.C. also has similar legislation.

As was seen in New York, advocates of New Jersey's bill have ramped up efforts in recent months by organizing rallies and marches: This past Sunday, on Father’s Day, advocates held a rally outside Coughlin's district office in Woodbridge, New Jersey, that drew hundreds.

Proponents of the bill argue that extending driver’s licenses to undocumented immigrants would increase public safety and boost the economy as new licensees buy car insurance, vehicles, gasoline and auto parts.

Undocumented immigrants struggle every day without having a driver’s license because they have to take their children to school and doctor appointments, as well as get to work every day, proponents say. 

Opponents of the proposal said it prioritizes immigrants without legal status above everyone else. Some have also said it would reward immigrants who have broken the law.    

Also, several states that have extended driving privileges to undocumented immigrants have discovered cases of fraud. 

In Vermont, for instance, state residents who don’t have permission to live in the country can apply for a form of identification called a driving privilege card. Since Vermont began issuing the cards in 2014, its Department of Motor Vehicles has found that residents from other states have applied for and received licenses that have had to be canceled.  

In Maryland, which also started issuing driver’s licenses and identification cards to undocumented immigrants in 2014, an audit of the Motor Vehicle Administration a few years later found that 826 driver’s licenses and identification cards had been issued in a six-month period to people who had presented counterfeit documentation.  

As a result of an internal investigation, 270 fraudulent licenses were canceled.

The problems in Maryland continue: This past October, a 38-year-old woman was charged with multiple fraud counts for selling fake bank statements and utility bills so out-of-state residents could get driver’s licenses, police said. 

220,000 residents could get the licenses

Protesters gathered for a December 2018 rally at the Statehouse, demanding driver's licenses for undocumented immigrants.

New Jersey is home to an estimated 450,000 undocumented immigrants, and, according to the latest estimates from New Jersey Policy Perspective, a left-leaning think tank, 222,000 residents in the Garden State would obtain driver's licenses during the first three years if the measure is adopted.

The bill is expected to generate $21 million in revenue from permit, title and driver’s license fees in the first three years, according to an analysis by the group.

Once the legislation is fully implemented, new drivers would generate $90 million annually from registration fees, the gas tax, and the sales tax on purchases made at gas stations and motor vehicle and auto parts, according to the analysis. 

Frequently asked questions about the New Jersey bill:  

Which states allow undocumented immigrants to obtain driver’s licenses?

New York this week became the latest state to extend driver's licenses to immigrants without legal status. It joins Washington, D.C., and the states of California, Connecticut, Colorado, Delaware, Hawaii, Illinois, Maryland, Nevada, New Mexico, Utah, Vermont and Washington. 

Could undocumented immigrants' information used to obtain the licenses be shared with other agencies?

The measure as introduced states any personal information shall not be disclosed for purposes of "investigation, arrest, citation, prosecution, or detention" related to an applicant’s citizenship or immigration status without the consent of the driver's license holder or a valid court order or subpoena. 

How will the proposal be implemented as law?

The bill calls for the Motor Vehicle Commission to establish the documentation for applicants to obtain a driver's license. Documents would have to verify an applicant's identity and that the person resides in New Jersey.

Licenses issued under the measure would bear a unique "design or color" to indicate that it cannot be used for federal purposes.

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