License bill could spur change in state policy

Federal legislation might force North Carolina to change its requirements for driver’s licenses, state lawmakers say.

If the Real ID Act, a national security bill, passes the Senate, states will have to keep licenses out of the hands of illegal immigrants in order to have their licenses recognized by federal officials at airports and courthouses.

Congressmen say they drafted the bill because those responsible for the Sept. 11, 2001, terrorist attacks gained access to places such as airports and schools by using driver’s licenses as identification.

States would have three years to change their policies before their residents’ licenses lose federal authority, according to the legislation.

The bill, introduced by Rep. James Sensenbrenner, R-Wis., passed the House quickly by a vote of 261-161. The Senate has refused to vote on the bill, but a similar one probably will be introduced soon.

President Bush agreed to back the bill in exchange for the passing of intelligence reform.

State legislators expect the law to pass and foresee debate about changes that should be made at the local level, said N.C. Sen. Harry Brown, R-Jones, a member of the Department of Transportation appropriations committee.

“The states will make a decision that will be informed by the federal legislation,” he said. “I don’t think there’s any question about that.”

North Carolina law doesn’t allow illegal immigrants to drive, but the standards for proof of legality are low enough to allow illegals to obtain licenses easily, said Jeff Lungren, Sensenbrenner’s spokesman.

Hawaii, Maryland, Michigan, Missouri, New Mexico, Oregon, Washington and Wisconsin have comparably lax laws. Utah fit the bill until Wednesday, when it approved tougher restrictions for licenses.

Under state law, noncitizens have to show legal status — such as refugee status or temporary stay — in order to get a license. But North Carolina accepts a taxpayer code as proof of this status, which allows people to circumvent the system.

New policy should include ways to track immigrants once their temporary status has expired and to revoke the use of licenses as identification, Brown said.

“They come in on a temporary basis, then we just lose them in the system,” he said.

The federal legislation won’t refuse illegal immigrants the ability to drive, Lungren said. States could give illegals driving permits instead of licenses. Tennessee and Utah do this, but it’s not clear whether North Carolina will follow suit.

N.C. Sen. Phil Berger, R-Guilford, a ranking minority member of the DOT committee, who has introduced a bill with strict requirements, said allowing illegals to drive encourages violation of the law.

“I think the Department of Homeland Security would have problems with states that encourage that,” he said.

Two other bills, less strict than Berger’s, already have been introduced to the legislature, Berger said, one with bipartisan sponsorship.

Sen. David Hoyle, D-Gaston, vice chairman of the transportation committee, said he thinks letting illegals drive but denying them access to legal indentification strikes a fair balance and allows them transportation for working.

“That’s reasonable,” he said.

Contact the State & National Editor at stntdesk@unc.edu.