States Moving to Address Immigrants’ Needs

The 2000 census reminded America that we remain a nation of immigrants. Nearly 30 million immigrants live in the United States, representing almost 10 percent of the population, and one in five children is the child of an immigrant.

Yet until recently, policymakers have been slow to address immigrants’ needs.

In 2001, advocates for immigrants promoted a range of bills addressing civil rights, healthcare, public safety, and workforce development issues at the state level. The policies that had some success included allowing undocumented workers access to driver’s licenses and enabling the children of immigrants to receive in-state tuition rates at state public universities. But the terrorist attacks of September 11 knocked the wind out of some of these proactive efforts. Advocates have renewed their push forward in 2002.

Ensuring Public Safety: Driver’s Licenses
North Carolina, Tennessee and Utah do not require driver’s license applicants to prove they are in the United States legally, allowing applicants to submit documents other than a Social Security card to prove identity. In 2002, five other states—Arizona, California, Colorado, Georgia and Illinois—introduced similar proposals. Kentucky’s legislature, by concurrent resolution, established an Immigrant Driver’s Licensing Task Force to help determine how best to address this issue.

Driving is a necessity for most parents and working adults in America. So, to meet the demands of life, many American immigrants are compelled to drive without obtaining driver’s licenses. Denying immigrants the right to obtain licenses endangers public safety, since typically, unlicensed immigrant drivers are not well educated on state driving laws and are unlikely to be insured. This combination contributes significantly to the number of dangerous motorists on the road, and to the number of traffic accidents and violations.

“It’s just common sense that financially responsible, law-abiding residents should be eligible for driver’s licenses,” said Texas Rep. Miguel Wise (Flemming Fellow-1997). Wise introduced a bill in 2001 to allow Texas immigrants access to driver’s licenses. The bill passed the House and Senate with bipartisan support, but was ultimately vetoed by the Governor.

In most states, law enforcement officials have been part of coalitions supporting the elimination of restrictions on driver’s licenses for immigrants. As reasons for their support, they cite public safety, fraud prevention, and the desire to reduce courtroom congestion. They also note that police officers are better able to protect communities with the cooperation of all residents, regardless of immigration status.

In the wake of September 11, there are calls for tighter restrictions on driver’s licenses for immigrants in order to prevent terrorism. Some states are even considering requiring state agencies to report to the U.S. government any driver’s license applicant who is suspected to be an undocumented immigrant. No federal law, however, prohibits states from issuing licenses to immigrants, regardless of their status. Moreover, the September 11 terrorists did not need driver’s licenses to board airplanes. All of the hijackers had foreign passports that were, and will continue to be, accepted as valid identification at airports. Instead of targeting immigrants, states should improve driver’s license issuance procedures that apply to all applicants.

Educating Tomorrow’s Workforce: In-State Tuition
In 2001, both California and Texas enacted laws to allow resident immigrant students who meet certain criteria to receive in-state tuition rates at state colleges and universities. California’s in-state tuition legislation enjoyed strong bipartisan support, passing the Assembly by a vote of 57 to 15, and the Senate by a vote of 27 to 7. The measure was endorsed by a broad alliance of school districts, colleges and universities, educators, businesses, labor, faith-based groups, youth groups, and civic organizations, as well as the civil rights and immigrant communities. Similar legislation is making headway this year in North Carolina, and was recently proposed by Gov. George Pataki in New York.

The denial of in-state tuition rates disproportionately affects Latino students and, as recent census data show, the numbers of Latino children are among the fastest growing in the United States. In fact, more than one-third of all U.S. Latinos are under the age of 18. Since they are a substantial proportion of tomorrow’s workforce, it is especially important to invest in policies that encourage young Latinos and other immigrant students to continue in school and pursue their dreams through higher education. College graduates have higher earnings, pay more state taxes and provide a better-educated workforce for employers.

Crafting laws that better integrate immigrants into the broader fabric of American life is critical to strengthening workforce productivity and creating vibrant and healthy communities across the country.

For copies of model legislation and additional resources on immigrant issues, click here.