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Lawmaker opposes driver's license rule

DALLAS -- A state lawmaker wants Texas license officials to rescind a new policy requiring non-U.S. citizens to prove they live legally in the country before receiving a Texas driver's license or identification.

State Rep. Ruth Jones McClendon sent a letter Friday to Public Safety Commission chair Allan Polunsky asking for revocation of the administrative rule until the Legislature considers it. McClendon, D-San Antonio, writes that the rule is a major policy decision that should not be initiated as a part of agency rule-making.

Under the guideline, the Department of Public Safety will require immigration documents that prove a person's lawful status before issuing or renewing a driver's license or identification card.

"I am fairly certain that your agency officials are aware that the Legislature sets policy for the state through legislation and that agency rules are for the implementation of policies approved by the elected officials in the Texas House and the Senate," McClendon writes in the letter. "It seems that we now have the 'cart before the horse."'

DPS spokeswoman Lisa Block was not aware if Polunsky had received the letter and could not immediately comment Friday.

The Public Safety Commission, which oversees DPS, asked for the guideline, saying it was necessary to verify people's residency in the state, enhance security and deter fraud and misrepresentation, according to documents.

The rule took effect this month with little notice after being adopted in August.

It brings Texas closer to complying with the federal REAL ID Act, DPS has said. The act requires states to issue drivers licenses to U.S. citizens or legal immigrants or create specially marked licenses if they are issued to people who cannot prove they are in the country legally.

As part of the new rule, those who are not legally in the country or who overstayed without permission cannot get a driver's license or identification card.

A person must show the immigration status has been extended or updated to receive a duplicate or renewal identification or driver's license, according to DPS.

The agency will not issue identification or driver's licenses to applicants who have permission to be in the U.S. for less than six months.

"That means these persons will be driving without qualifying for a Texas license and without required liability insurance. This presents an unacceptable risk of loss to other drivers in terms of bodily injury and property damage," McClendon writes in the letter.

Immigrant advocates have the same concern and worry the change is yet another hurdle for immigrants -- whether legal and illegal.

For example, legal permanent residents would receive a card stamped with the word "Temporary Visitor" even though their status as "green card" holders does not expire and eventually allows them to apply for U.S. citizenship.

"It really seems to be alienating permanent residents," said Matt Khirallah, a case worker at Catholic Charities Immigration and Legal Services of Dallas.

Comments

Posted by lillian5 on October 11, 2008 at 4:24 a.m. (Suggest removal)

Now we know who to vote out of office...

Posted by nativetexan on October 11, 2008 at 8:34 a.m. (Suggest removal)

Get that Peloski clone out of office and shut her up.

Posted by whatif on October 11, 2008 at 11:05 a.m. (Suggest removal)

When people see Immigration they only think south of the border. Little do they realize that many of our engineers and doctors are Immigrants. I guess you don't want them to drive either. The sky is falling, the sky is falling....

Posted by reaganite on October 11, 2008 at 11:19 a.m. (Suggest removal)

"Little do they realize that many of our engineers and doctors are Immigrants. I guess you don't want them to drive either. The sky is falling, the sky is falling...."

Quit distorting the issue. The requirement is to insure they are here LEGALLY. If they are not they do not have the privilege to get a driver's license or ID.

It is that simple.

Posted by whatif on October 11, 2008 at 11:49 a.m. (Suggest removal)

Let me clarify myself, there are many engineers who are here for less than six months who's insurance is covered by the company that sponsors them. They must drive, you know rent-a-car. So they have to catch a bus, ride in a taxi, or subway? Some of these gentlemen are quite wealthy and are not use to being denied the right to drive. I sure would hate if they do the same thing to us Americans who work in their country.
"The agency will not issue identification or driver's licenses to applicants who have permission to be in the U.S. for less than six months".

Posted by reaganite on October 11, 2008 at 1:37 p.m. (Suggest removal)

whatif
"If you possess a foreign driver license, are between the ages of 18 and 75, and are now in Texas for an extended period or permanently, the state will recognize your license for up to one year following your arrival."

http://www.dmv.org/tx-texas/other-lic...

Posted by topo97 on October 11, 2008 at 2 p.m. (Suggest removal)

Six months or less...
Also, is this based on the new law that just went into affect? As your article pointed out, I treat you as you treat me, ban me from driving, and I'll ban you from driving.
Once again, passing laws without thinking of the consequences.

Posted by topo97 on October 11, 2008 at 2:12 p.m. (Suggest removal)

One last thing, the last time I rented a car I either had to show proof of insurance or purchase it through them before I could drive their car off the lot.

Posted by donny on October 11, 2008 at 8:21 p.m. (Suggest removal)

Laugh if most of you would look where she is from, you would know where she is coming from.
The lady's district is San Antonio. 90% hispanic. She is only looking out for he constituantcy. I mean get real you cry when the go off base then cry when they are on base. Get a life people.

Posted by whatif on October 12, 2008 at 3:46 a.m. (Suggest removal)

I have a life, who cares about the illegals, I'm talking about people who are here legally. There is a difference. Like I said, not all immigrants are from south of the border. When you have people you work with that are from other countries come here for extended periods of six months or less can't drive, there is a problem. Or at least there use to be no problem.

Posted by wildturkey on October 13, 2008 at 8:51 a.m. (Suggest removal)

Regardless of what many say, "Illegally in the U.S." is "Illegally in the U.S.". If you are not here "Legally" you should not be entitled tot he same things "Legal" residents are.

Posted by whatif on October 13, 2008 at 11 a.m. (Suggest removal)

Please re-read the article, legal or illegal will be refused. If Tony Blair or Putin came to Texas to lecture at ACU for 6 months they would be refused licenses to drive. If the Pope came, he would be refused.

Posted by whatif on October 13, 2008 at 11:03 a.m. (Suggest removal)

I brought this up in a meeting this morning. The consensus was "No problem, we'll just hire a driver, and raise the price of gas to pay for them". Go figure....

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