Providing Identification to Unauthorized Immigrants

8/20/2019 Providing Identification to Unauthorized Immigrants

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Providing Identification toUnauthorized Immigrants

The State and Local Landscape of Identificationfor Unauthorized Immigrants

By Silva Mathema November 2015


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Providing Identification toUnauthorized ImmigrantsThe State and Local Landscape of Identification

for Unauthorized Immigrants

By Silva Mathema November 2015


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1 Introduction and summary

4 The need for valid identification for

unauthorized immigrants

6 State, local, and other solutions to unauthorized

immigrants’ identification issues

10 Municipal and community identification cards

16 Benefits of ID cards for unauthorized immigrants

and localities

23 Limitations of identification cards

26 Recommendations

30 Conclusion

32 Endnotes

Contents


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1 Center for American Progress | Providing Identification to Unauthorized Immigrants

Introduction and summary

Mos people do no realize he power o having an official phoo idenificaion card;

i is somehing ha is aken or graned unil i is misplaced or los. An official iden-

ificaion, or ID, card proves one’s ideniy and hereby esablishes rus beween

srangers, which helps aciliae communicaion and ransacions. In he Unied

Saes, individuals are required o show a valid orm o ID o do a whole hos o

hings, rom rening an aparmen, cashing a check, geting a marriage license, or

picking up prescripions o making large purchases such as cars or homes.

Ye many o he 11.3 million unauhorized immigrans in he Unied Saes do no

have access o any orm o idenificaionand ofen, no even o a oreign pass-

por or birh cerificae.1 Wih no official way o ideniy who hey are, many unau-

horized immigrans and heir amilies are orced o navigae an exremely difficul

lie in he Unied Saes. Tey may no be able o do simple everyday asks such as

collecing a package rom a pos office or borrowing a book rom a public library.

And hey ace an even greaer hurdle when atemping criical aciviies such as

enrolling heir children in school, opening a bank accoun, or geting medical care.

Since an esimaed 4.5 million U.S.-born ciizen children have a leas one unau-

horized paren, hese children’s access o he ypes o services ha any U.S. ciizen

is eniled o is direcly affeced by heir parens’ lack o ID.2 Repors have ound,

or example, ha unauhorized parens hesiae o sign up or healh benefis or

heir eligible children because hey do no have a verifiable way o ideniy hem-

selves and ear ha such inormaion may lead o heir deporaion.3

Ensuring ha everyone has access o ID is no only beneficial or individuals bu

or enire communiies as well. Te abiliy o a person o ideniy hemselves

makes communiies saer: For example, hose wih a valid orm o ID have he

abiliy o open bank accouns, which means ha hey may be less likely o keeplarge amouns o cash in heir homes or o carry i around on heir person, an ac

ha could make hem arges or robbers.4 Providing universal access o driver’s

licenses would make i much more likely ha every person behind he wheel o a

vehicle has passed a driving es and has auo insuranceall o which would help


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make roads saer or oher drivers and pedesrians. Moreover, U.S.-ciizen children

would have greaer access o healh care and educaion servicesand greaer sa-

biliy in heir day-o-day lives overalli heir unauhorized parens could obain

widely acceped idenificaion.5 Increasing access o ID also would assis local ser-

vice providers, such as law enorcemen and healh care providers, provide proec-

ion and basic healh care services o hose in need because he service providers would be able o veriy easily he ideniies o hose wih whom hey inerac.

A he ederal level, here is no avenue or unauhorized immigrans o secure a

U.S. governmen-issued idenificaion card. Bu he landscape looks very differ-

en a he sae and local levels: Te 2005 REAL ID Ac, a law o sandardize he

issuance o driver’s licenses and IDs in saes, creaed a way or saes and localiies

o issue orms o idenificaion regardless o immigraion saus, wih a cavea ha

such IDs canno be used or ederal purposes, such as boarding mos commercial

airplanes.6 A handul o saes, localiies, and service providers have recognized

he advanages o increasing access o idenificaion cards and driver’s licenses orunauhorized immigrans and now provide hem.

Tis repor ocuses on hree approaches ha saes, localiies, and service provid-

ers have aken o ensure ha unauhorized immigrans can obain accepable

orms o idenificaion, including driver’s licenses, municipal idenificaion cards,

and consular idenificaion cards.7 Tese soluions are innovaive ways o bridge

he gap beween ederal policies and local realiies, wih each providing is own

se o benefis. Tis repor shows ha hese ypes o IDs would assis in inerac-

ions wih local law enorcemen and make individuals eel sae when conacing

police or reaching ou o oher auhoriies or help, hereby increasing public

saey in communiies. Specifically, in saes wih laws ha provide access o

driver’s licenses, all residens would be able o ake he required road es o drive

legally, making roads saer or everyone. Higher numbers o people applying or

driver’s licenses also would fill sae coffers hrough addiional license ee revenue.

Furhermore, access o driver’s licenses would increase economic paricipaion

because individuals would have enhanced mobiliy o ge o heir jobs. Wih

valid IDs, hey would be able o make larger purchases and ren aparmens.

Addiionally, IDs such as driver’s licenses also increase access o basic services or

unauhorized immigrans and heir amilies. Wih ID cards, or example, individu-als would be able o ge library cards and, in some cases, open financial accouns.

Bu dispariies in policies across jurisdicions have resuled in a pachwork o poli-

cies wih real limiaions on wha each o hese orms o idenificaion can offer

unauhorized residens. For example, none o hese IDs may be acceped or offi-

These solutions

innovative ways

to bridge the ga

between federa

policies and loc

realities, with ea

providing its ow

set of benefits.


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cial purposes by ederal agencies, and in 2016, i may become impossible o board

an airplane wihou a ederally acceped ID.8 No only ha, here is much variaion

in sae driver’s license laws or unauhorized immigran drivers, and wih only 12

saes, Puero Rico, and he Disric o Columbia offering his opion, i is ricky

o drive across sae lines.9 I is unclear i saes will give ull aih and credi o

he noncomplian driver’s licenses issued by oher saes or i a driver wih sucha license may be charged wih driving wihou a license. Wha’s more, even he

saes ha have driver’s licenses or unauhorized immigrans are required by

ederal law o mark heir driver’s licenses and ID cards o communicae clearly ha

hey canno be acceped or ederal purposes. Tere is ear among advocaes ha

hese marks may sigmaize he cardholders, since hey may imply ha he person

lacks lawul immigraion saus.10 Furhermore, no all ciy services, law enorce-

men deparmens, and business esablishmens accep alernaive orms o ideni-

ficaionsuch as municipal and consular IDsas a valid orm o idenificaion.

Tis repor provides an overview o he hree idenificaion approaches or unau-horized residens, builds a case or how hese programs offer pracical soluions,

and demonsraes ways o miigae heir limiaions. Te repor also advances he

ollowing policy recommendaions:

• Saes should issue driver’s licenses o all eligible individuals, regardless o

immigraion saus.

• Saes wih REAL ID-noncomplian driver’s licenses marked wih a recognizable

eaure need o ensure hrough regulaion ha here is no discriminaion based

on he marks.

• Localiies should pursue municipal ID card programs, while also raising aware-

ness and accepance o he cards.

• Counries ha issue or plan o issue consular IDs should improve securiy and

awareness o increase heir accepabiliy.

• Saes and localiies should esablish policies o bar officials rom inquiring

abou an individual’s immigraion saus.

• Federal lawmakers should pass immigraion reorm ha includes a pahway

o ciizenship.


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The need for valid identification

for unauthorized immigrants

Unauhorized immigrans in he Unied Saes oday are deeply rooed in he

communiies in which hey reside, wih more han hal living in he counry or

more han a decade.11 Te overall number o unauhorized immigrans has held

airly seady a 11.3 million or he pas five years, wih 60 percen o his popula-

ion concenraed in jus six saesCaliornia, Florida, Illinois, New Jersey, New

York, and exas.12 However, unauhorized immigrans are also dispersing across

a wide range o desinaions; Maryland, Pennsylvania, Virginia, Nebraska, and

Idaho saw an increase in heir unauhorized populaions rom 2009 o 2012.13 Naionwide, unauhorized immigrans, who are inegral o he U.S. economy, are

abou 5.1 percen o he oal labor orce and are a significan par o selec indus-

ries such as arming, cleaning, and consrucion.14 Te Insiue on axaion and

Economic Policy esimaed ha, in 2012, unauhorized immigrans conribued

$11.84 billion in sae and local axes.15

Despie heir conribuion o he economy and sociey, unauhorized immigrans

and heir amilies are among he mos marginalized and vulnerable populaions,

living precariously in he Unied Saes. Wihou he abiliy o work legally, many

are employed in low-paying jobs.16 Teir inabiliy o ge a driver’s license in mos

saes limis heir mobiliy urher, resricing heir access o he jobs hey can ge

or even o keep he jobs ha hey currenly have.17 Te predicamen o unauhor-

ized immigrans is worsened by heir lack o access o ID.

Moreover, a lack o idenificaion can lead o disasrous immigraion consequences.

For insance, many law enorcemen agenciessuch as ha o Cabarrus Couny,

Norh Carolinahave a proocol o deain any individual who comes in conac

wih he police when an officer canno veriy his or her ideniy and criminal hisory

wihou fingerprinsan acion ha may lead o deporaion proceedings or anunauhorized immigran even or a minor raffic offense.18 Several sudies show ha

hese arress or minor offenses marginalize he unauhorized immigran communiy

and heir amily members and lead hem o avoid any ineracion wih law enorce-

men. As a consequence, hey are hesian o repor crimes or workplace exploiaion


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or o come orward as winesses o crimes.19 Tis siuaion could be avoided i here

were a uniorm, valid wayor insance, hrough sae driver’s licensesor unau-

horized people o ideniy hemselves wihou ear o repercussion.

In addiion o hindering ineracions wih law enorcemen, many research sudies

have highlighed oher problems associaed wih no having a valid phoo IDorexample, needing a valid orm o idenificaion o cash a check and, in many cases, o

access he banking sysem.20

Federal laws that affect forms of identification for unauthorized immigrants

The REAL ID Act of 2005

Prior to 2001, and in the absence of a national ID card issued

by the federal government, public and private establish-

ments widely accepted state-issued driver’s licenses and

nondriver IDs for official and other purposes.21 But after the

9/11 attacks raised questions about the security of state-

issued driver’s licenses and identification cards, the National

Commission on Terrorist Attacks Upon the United States, or

the 9/11 Commission, recommended that the federal govern-

ment create standards for issuing birth certificates and other

forms of identification such as driver’s licenses.22

Following the commission’s recommendation, the REAL

ID Act established minimum standards that state-issued

driver’s licenses and IDs have to meet to be accepted for

official purposes by federal agencies.23 REAL ID-compliant

identification cards, for example, will be required to board

a commercial airplane starting as early as 2016.24 These

stricter identity requirements adversely affected a large

set of vulnerable groups less likely to have access to all the

documents needed for a REAL ID-compliant driver’s license

or other sorts of IDs, such as senior citizens, homeless

people, and domestic violence survivors, in addition to

LGBT people, who may not have correct gender markers ontheir ID cards due to unclear state policies.25

However, the REAL ID Act also allows states and localities to

issue driver’s licenses or IDs not compliant with it and, there-

fore, not valid for official federal use. The REAL ID Act also

requires states to mark their licenses with “Not for federa

identification” or a similar statement to communicate clea

that the ID card cannot be used for federal purposes.26 Th

distinction gives states and localities an opening to provi

identification to their unauthorized residents.

USA PATRIOT Act of 2001

In the wake of the 9/11 attacks, President George W. Bus

signed the USA PATRIOT Act into law in 2001. Section 326

the act sets out the rules for financial institutions on wha

forms of identification are acceptable to access financial

vices.27 The joint final rule published by the U.S. Departm

of the Treasury and other financial regulatory agencies in

2003 allows financial institutions to set their own standa

on what sources of identification they require, provided

there is a system in place to, among other things, obtain

and record identification of customers; describe how the

institution will verify the identity of customers and respo

to situations where identity cannot be verified; and chec

if the person opening an account belongs to governmen

provided terrorist lists.28

Thus, the PATRIOT Act provides U.S. financial institutions t

flexibility to decide what forms of ID they can accept evenwhen the type of identification an individual uses is issue

by a foreign government or a municipality. Banks, then, c

decide when—and which—REAL ID-noncompliant IDs th

will accept to grant access to their services.29


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State, local, and other solutions

to unauthorized immigrants’

identification issues

Jurisdicions and insiuions have developed a variey o mehods wihin exising

ederal law o solve he pracical problem o unauhorized residens no having

valid orms o idenificaion. Tree such approachespassing universal driver’s

license laws, iniiaing municipal idenificaion card programs, and graning con-

sular idenificaion cardsmake up much o he landscape o idenificaion or

unauhorized immigrans. Le’s consider each o hese ypes o IDs and examinehe principle benefis and limiaions o each approach.

Driver’s licenses

Sae policies or issuing driver’s licenses o unauhorized immigrans have gone

hrough a series o changes during he pas 15 years, wih more and more saes

embracing such laws in recen imes. In he early 2000s, here was an increasing

rend o limiing sae-issued licenses or unauhorized immigrans: From 2003

o 2010, seven saes ha graned driving privileges o unauhorized immigrans

cancelled hem.30 In ac, by 2012, only hree saesWashingon, New Mexico,

and Uahsill issued driver’s licenses or Driving Privilege Cards regardless o

immigraion saus.31

Afer 2012, however, some saes sared o ake a differen pah. Using he special

provision in he REAL ID Ac ha allows saes o issue orms o idenificaion

no complian wih he law’s requiremens, a ew saes passed laws ha allow

individuals wih alernaive documens o apply or driver’s licenses or nondriver

ID cards.32

In 2012, Illinois enaced a driver’s license law ha allows individualso presen sources o idenificaion oher han a Social Securiy numbersuch as

a valid oreign passpor or a consular idenificaion cardo obain a emporary

visior driver’s license.33


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As o July 2015, 12 saesCaliornia, Colorado, Connecicu, Delaware, Hawaii,

Illinois, Maryland, New Mexico, Nevada, Uah, Vermon, and Washingon

Puero Rico, and he Disric o Columbia issued cards ha give driving privi-

leges o unauhorized immigrans. Seven o hese saes came on board in 2013.34

Nearly 37 percen o he U.S. unauhorized populaion lives in a sae where hey

are now able o drive legally.35

Tere is litle uniormiy, however, among he saes ha issue driver’s licenses o

unauhorized immigrans. Differen saes accep differen ypes o documens as

par o he applicaion process, and he cards hemselves do no look he same,

do no go by he same name, and offer differen privileges. Some saes accep

consular ID cards issued by a large number o oreign consulaes, while ohers

only accep consular cards rom a selec ew consulaes. In Caliornia, or insance,

he proo o ideniy o ge a new driver’s license can be a Caliornia driver’s

license or ID issued afer 2000; a Mexican ederal elecoral card; a Mexican pass-

por; a Mexican consular card or a consular card rom oher naions; or a oreignpasspor.36 In conras, Maryland acceps consular cards issued only by Mexico,

Guaemala, and Ecuador and requires applicans o presen wo years o sae

income ax reurns o prove residency.37 Some saes, such as Uah, require hose

seeking a Driving Privilege Card o be fingerprined, while oher saes do no. 38

Fewer han hal he saes issue boh driver’s licenses and nondriver ID cards o

unauhorized individuals, bu ohers sricly issue cards only or drivers and do

no issue ID cards o nondrivers.39 Te seven saes ha issue drive-only cards

are Caliornia, Connecicu, Hawaii, Illinois, Nevada, New Mexico, and Uah.40

Pursuan o he requiremens o he REAL ID Ac, noncomplian IDs mus carry

a “No or ederal idenificaion” or similar mark.41 Caliornia, recognizing he

sigmaizing power o having such a recognizable mark on noncomplian driver’s

licenses, clarified in passing is law ha any discriminaion based on a driver’s

license violaes he sae’s Unruh Civil Righs Ac.42 Currenly, Washingon and

New Mexico are he only saes ha do no check or legal saus o issue regular

licensesan issue ha makes all licenses issued by hese saes auomaically

noncomplian wih he REAL ID Ac. As early as January 2016, hese licenses

may become invalid or ederal purposes, making i difficul or holders o, among

oher hings, board an airplane.43

Te response rom unauhorized immigran communiies in he saes ha provide

a way o drive legally has been overwhelmingly posiive. Caliornia, which sared

graning he licenses in January 2015, has already issued a oal o 513,000 driver’s

licenses under A.B. 60.44 I expecs o issue almos 1.5 million driver’s licenses in he

California, which

started granting

the licenses in

January 2015, h

already issued a

total of 513,000

driver’s licenses

under A.B. 60.


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firs hree years o operaion.45 Wih an unauhorized populaion o 3 million, 93

percen o whom are o driving age, Caliornia has he larges unauhorized popula-

ion in he Unied Saes.46 Illinois has issued nearly 144,770 emporary licenses

since he implemenaion o is program in lae 2013.47 Tousands o individuals

lined up o apply or driver’s license in Nevada when is program sared in January,

and by July, he sae had issued 30,000 Driver Auhorizaion Cards.48

TABLE 1

Driver’s licenses and nondriver identification cards available to unauthorized immigrants, by state

State Authorizing law Year passed Date launched

Number and type of dr iver’s

license cards issued

Number and type

nondriver identifica

cards issued

Washington H.B. 1444 1993 July 1993169,880

(Driver’s license)

95,466

(Identicard)

New Mexico H.B. 173 2003 2003Unknown

(Driver’s license)None

Utah S.B. 227 2005 March 2005259,391

(Driving privilege card)None

Illinois S.B. 957 2012 November 2013

144,770

(Temporary visitor driver’s

license, or TVDL)

None

Maryland S.B. 715 2013 January 201416,713


7,067

(Identification card

Nevada S.B. 303 2013 January 201428,237

(Driver authorization card)None

Vermont S.B. 38 2013 January 201450,690

(Driver’s privilege card)

Unknown

(Nondriver identificatio

District of Columbia B 275 2013 May 20145,213

(Limited purpose driver license)

3,765

(Limited purposeidentification card

Colorado S.B. 13-251 2013 August 201412,654


2,092

(Identification card

Puerto Rico P C0900 2013 August 2014Unknown

(Provisional driver’s license)None

California A.B. 60 2013 January 2015513,000

(Driver’s license)None

Connecticut H.B. 6495 2013 January 20158,446

(Drive only license)None

Delaware S.B. 59 2015 January 2016Not applicable

(Driving privilege card)Not applicable

Hawaii H.B. 1007 2015 January 2016 Not applicable(Limited purpose driver’s license)

None

Note: The number of driver and nondriver cards issued includes individuals who do not have the required documents to get a card that is REAL ID compliant. Illinois does not distinguish betand non-visa licenses for TVDLs. Washington state data is from January 2009 to December 2013 and includes driver’s licenses and ID cards issued without a social security number. Vermont’s

privilege card data includes both driver cards and nondriver identification cards. Additionally, states also have data on learner’s permits: Colorado issued 2,010; Nevada issued 2,046; Maryland53,870; and Connecticut issued 9,664. “Unknown” means data was not provided; “none” means the state does not issue that card; and “not applicable” means the program has not launched.

Sources: National Conference of State Legislatures, “States Offering Driver’s Licenses to Immigrants” (2015), available at http://www.ncsl.org/documents/immig/DL_EnactedTable_July2015.pdnumber of driver’s licenses, nondriver identification cards, and learner’s permits were provided to the author by state and city government agencies and are available upon request to author

Legal Immigration Network, Inc., ”State Laws Extending Driving Privileges to All Residents: Puerto Rico” (2014), available at https://cliniclegal.org/sites/default/files/puerto_rico.pdf.


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Alhough he rend has been oward increasing unauhorized immigrans’ access

o driving privileges, he issue has aced opposiion in several saes. For example,

alhough Colorado issued 14,644 driver’s licenses and permis and more han

2,000 nondriver ID cards rom Augus 2014 o June 2015, achieving hese num-

bers was no easy or he sae. A he end o 2014, he program came o a hal afer

Republicans in he sae Senae blocked is unding.49

I was only in June 2015, as aresul o a compromise among lawmakers, ha a ew offices reopened and sared

o process licenses. Even in New Mexico, one o firs saes o issue driver’s licenses

o unauhorized immigrans, Gov. Susana Marinez (R) has been a vocal criic o

he law.50 Likewise, Oregon, which successully passed a law in 2013 graning driv-

er’s licenses o unauhorized immigrans, suspended he measure when i ailed o

receive a majoriy o voes in he 2014 elecions afer ani-immigran groups led an

effor o pu he issue on he ballo.51 Noneheless, more saessuch as Florida,

Norh Carolina, New Jersey, and Wisconsinare debaing wheher o increase

access o driver’s licenses or individuals who canno prove legal saus.52

DACA recipients and driver’s license laws

On June 15, 2012, the Department of Homeland Security, or

DHS, announced the creation of Deferred Action for Child-

hood Arrivals, or DACA, which offers temporary relief from

deportation and the opportunity to apply for a two-year

work permit to certain unauthorized youth who came to

the United States as children.53 As of June 2015, more than

681,000 applications had been approved.54

Receiving deferred action provides recipients with lawful

presence in the United States, which allows them to access

REAL ID-compliant licenses under federal law.55 But since

issuing driver’s licenses is a state-level decision, it is up to the

discretion of each state to issue licenses to DACA recipients.

While currently all 50 states issue regular driver’s licenses

to DACA recipients without a “not for federal identification”

or similar designation, several states initially refused to doso.56 For example, Arizona and Nebraska passed policies that

barred DACA recipients from obtaining driver’s licenses.57

In Arizona, this ban was lifted when the Arizona Dream Act

Coalition won a lawsuit against then-Gov. Jan Brewer (R)

In May 2015, Nebraska became the last state in the union

join the rest of the states in issuing driver’s licenses to DA

recipients.59 Other states, such as North Carolina, went as

far as to attempt to mark licenses with “Limited Term” an

“No Legal Status” printed on them, along with a pink stri

In 2013, the North Carolina Department of Transportatio

faced a strong backlash against that decision, and ultima

it was not implemented.60

Driver’s licenses have been popular with DACA recipients

One nationwide survey showed that around 90 percent o

DACA recipients obtained a driver’s license or a state ID ca

for the first time after receiving temporary protection fro

removal, and more than 40 percent purchased their first c

Previously, the Center for American Progress demonstratethat Texas, for example, earned $647 per car in motor veh

sales taxes alone as a result of these new car purchases si

the program launched in 2012.62


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Municipal and community

identification cards

Many ciies and municipaliies also have aken seps o ensure ha heir residens

have some orm o idenificaion regardless o heir immigraion saus. A number

o ciy officials and immigran righs advocaes cie public saey as one o he

main reasons o issue municipal IDs o unauhorized immigrans, while emphasiz-

ing ha having an ID card promoes human righs and allows residens digniy.63

“For New Yorkers who couldn’ have an official ID, his card is he key o a uller

lie,” saed Mayor Bill de Blasio (D) in a saemen during he launch o IDNYC,

he municipal ID card o New York.64

Alhough municipal ID cards are limied in use compared wih driver’s licenses

given ha hey do no provide driving privileges, hey offer oher disinc advan-

ages o cardholders. Municipal ID cards increase accessibiliy o ciy services

such as libraries and parks and increase access o seleced financial insiuions

and healh care services, as well as provide a valid orm o idenificaion ha some

local businesses and law enorcemen accep.65 Along wih unauhorized immi-

grans, marginalized ciy residens such as he homeless populaion, ormerly

incarceraed people, ransgender individuals, and senior ciizenswho may no

have required documens o ge driver’s licenses and nondriver ID cardsalso

benefi rom municipal ID cards, which can be obained a a low cos.66 IDNYC,

or example, is ree or he firs year o he program, and oher municipal cards cos

as litle as $15 or aduls, making hese cards cheaper and more accessible han

oher cards such as driver’s licenses, which can cos more han $100 in ciies such

as New York.67

In 2007, New Haven, Connecicu, became he firs ciy o launch a municipal

ID program. Te program was in response o an inciden where an unauhorized

immigran was killed afer cashing his paycheck.68

Oher localiies ollowed sui:Several ciies in Caliorniaincluding San Francisco, Richmond, and Oakland

issue municipal IDs, while oher places such as Newark, New Jersey, and

Washenaw Couny, Michigan, have recenly sared issuing municipal IDs o resi-

dens. Roselle, New Jersey, is he laes ciy o sign a bill o creae municipal IDs


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and will officially launch is card program during Tanksgiving week 2015.69 New

York Ciy, which sared o issue cards in January, has already issued more han

570,000 IDNYC cards, making i he larges municipal ID program in he naion.70

Newark, New Jersey, which in Augus sared o issue is Newark Municipal ID

card, disribued 1,500 cards in is firs monh o operaion.71

Besides municipaliies, a ew local nonprofi organizaions

also have come up wih innovaive ways o provide idenifica-

ion cards. In New Jersey and Norh Carolina, or example,

such groups issue communiy ID cards o area residens.78 In

New Jersey, he Lain American Legal Deense and Educaion

Fund, or LALDEF, has issued nearly 8,000 Mercer Couny Area

Communiy ID Cards since 2009a rae o abou 100 cards

per monh.79 According o LALDEF, 43 percen o he cards

have been issued o Guaemalans, 10 percen o Mexicans, and 9

percen o Hondurans.80 Te Mercer Couny Area CommuniyID Card is acceped by police deparmens, municipaliies,

schools, and hospials as a orm o idenificaion in major ci-

ies in he couny.81 Similarly, a nonprofi organizaion based

in Greensboro, Norh CarolinaFaihAcion Inernaional

Houseparnered in 2013 wih a local police deparmen o

launch he FaihAcion ID iniiaive. In a litle more han wo

years, i has issued more han 3,000 idenificaion cards across

50 ciies in Norh Carolina and neighboring Virginia.82

Similar o he sae-by-sae differences in driver’s licenses,

here is no se sandard or municipal and communiy IDs

in erms o he documenaion required or proo o ideniy

and residency, nor do such cards offer specific across-he-

board benefis. For example, New York Ciy acceps a range

o oreign ID documensrom oreign driver’s licenses o

consular idenificaion cardswhile Washingon, D.C., has a

more complicaed documen requiremen. Washingon, D.C.,

does no accep consular cards o issue is DC One Card bu

does accep D.C.-issued Limied Purpose Driver’s Licensesand ID cards. Tis means ha anyone who can ge he Limied

Purpose Driver’s License or nondriver ID cardincluding

people who have consular IDscan also ge he municipal ID

New Haven, Connecticut:

‘A City to Model’

The concept of issuing a municipal identifica

card accessible to all residents was first intro

in New Haven, Connecticut, a city that did no

have a large immigrant presence but was see

notable growth in its immigrant population.

grassroots effort started when two local orga

tions—Junta for Progressive Action and Unid

Latina en Acción—released a report titled “Ato Model,” which highlighted the safety conc

of New Haven’s immigrant community.73 One

the report’s main recommendations was to p

the immigrant community by creating a mun

identification card that was accessible to eve

resident.

Former New Haven Mayor John DeStefano Jr.

(D) initial push for an identification card in 20

was greeted with harsh criticism after which

program was temporarily put on hold.74 How

the issue of a municipal ID card was reignited

Manuel Santiago, an unauthorized immigran

living in New Haven, was murdered during a

bery after cashing his paycheck. With the sup

of then-Police Chief Francisco Ortiz, DeStefan

crafted the program as an administrative init

tive.75 In May 2007, DeStefano came before t

city’s board of aldermen and testified that ID

are “not an immigrant issue” but instead an “

of social justice and human rights.”76 The New

Haven aldermen approved the Elm City ResidCard on June 4, 2007.77


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card.83 Meanwhile,84 in Oakland, Caliornia, here is an opion o use is munici-

pal ID card as a prepaid debi card, which offers a sae and convenien place o

sore money and benefi rom making direc deposis, making purchases wih-

ou cash, and aking advanage o online shopping or a ee.85 Ciies also have

ormed parnerships wih local banks and credi unions o allow individuals o

use municipal IDs as a orm o ID o open bank accouns.86

TABLE 2

Municipal and community identification cards for residents

Issuing entity Name of the card

Date ordinance

passed Date launched

Numb

cards

City of New Haven, Connecticut Elm City Resident Card June 4, 2007 July 2007 13,

City and County of San Francisco, California SF City ID Card November 20, 2007 January 2009 23,

Latin American Legal Defense and

Education Fund, Trenton, New JerseyMercer County Area Community ID Card Not applicable April 2009 8,0

Oakland, California Oakland City ID Prepaid MasterCard October 16, 2012 February 2013 Unkn

FaithAction International House,

Greensboro, North CarolinaFaithAction ID Not applicable 2013 3,0

Richmond, California Richmond City ID Prepaid Mastercard July 19, 2011 October 2014 42

New York City, New York IDNYC July 10, 2014 January 2015 570

Washtenaw County, Michigan Washtenaw County Identification Card November 19, 2014 June 2015 94

Newark, New Jersey Newark Municipal ID Card May 21, 2015 August 2015 1,4

Note: San Francisco, Richmond, and Latin American Legal Defense and Education Fund statistics on cards issued includes renewals. “Unknown” means no data was provided, and “not applicano ordinance was passed.

Source: Data were provided to author by the cities, counties, and nonprofit organizations listed above and are available upon request to the author.

Many oher ciy and communiy leaders across he counry are working on

iniiaives o launch municipal ID card programs. For example, he mayor o

Harord, Connecicu, Pedro E. Segarra (D) recenly proposed a municipal ID

program wih a goal o making ciy services more accessible o all ciy resi-

dens.87 Similarly, he Deroi Ciy Council is crafing a municipal ID program

o make ciy services available o a variey o marginalized residens who lack

idenificaion cards.88 Several oher locales have been discussing he prospec

o issuing municipal ID cards, including Chicago; El Paso, exas; Phoenix;

Philadelphia; Souh Bend, Indiana; Milwaukee Couny, Wisconsin; Pitsburgh;Perh Amboy, New Jersey; Iowa Ciy, Iowa; Boson; and uscon, Arizona.89 In

Charlote, Norh Carolina, a ciy-appoined Immigran Inegraion ask Force

proposed a municipal ID card as one o he ciy’s 27 sraegies o harness he

economic benefis o is growing immigran populaion.90


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Consular identification cards

Embassies and consulaes o oreign governmens ofen issue consular ID cards

o ciizens living abroad.91 Consular IDs, under he erms o he 1963 Vienna

Convenion on Consular Relaionsa mulilaeral reay ha guides consular

pracices among saesgive some legal righs o he cardholders.92

For insance, when a law enorcemen officer arress or deains a oreign naional holding a

consular ID, he officer mus immediaely inorm he individual abou his or her

righ o conac he consulae. By definiion, consular IDs are issued o individuals

regardless o legal saus, as long as hey can provide he documens required o

prove ciizenship o he issuing counry represened by he consulae.

Consulaes have been issuing consular ID cards or heir ciizens or many years;

as a mater o ac, Mexico claims ha i has been issuing hem o Mexican

naionals since 1871.93 In he pas decade, consular ID cards have become more

accepable in U.S. sae and local agencies as well as business esablishmens.94 Tis was no always he case: Te populariy o consular IDs, along wih heir

accepance, picked up only afer he 9/11 atacks raised concerns over idenifi-

caion in general and when i became increasingly imporan o have idenifica-

ion documens in he Unied Saes.95 Following he atacks, a large number

o Mexican naionals applied or consular IDs, called he marícula consular.96

In response o his heighened demand, he Mexican governmen conduced

exensive oureach across he Unied Saes, improved he securiy eaures o

he card, and promoed is accepance among local governmen eniies and

financial insiuions in he Unied Saes.97

In early 2001, Ausin, exas, became one o he firs ciies o accep consular IDs as a

orm o idenificaion in direc response o increased robberies argeing he Laino

communiy and a large populaion o unauhorized individuals who were oo araid

o call he police or ear o deporaion.98 Naionally, individuals wih consular IDs

rom several counries currenly have access o a range o financial insiuions and

can presen he IDs as a valid orm o idenificaion o sae and local governmen

agencies or official purposes such as applying or a driver’s license. 99

Tere are more han 4.4 million valid Mexican marícula

consular cards in heUnied Saes.100 Te Mexican consular card is a widely acceped orm o consular

idenificaion: As o Augus 2013, more han 371 counies, 356 financial insiu-

ions, and 1,036 police deparmens acceped marícula

consular cards as a valid

proo o ID.101 Oher counriessuch as Argenina, Brazil, Colombia, El Salvador,

As of August

2013, more than

371 counties,

356 financial

institutions, and

1,036 police

departments

accepted matríc

consular cards a

valid proof of ID


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Ecuador, Guaemala, Guinea, Mali, and Senegalhave ollowed Mexico’s con-

sular ID program and sared o issue heir own IDs.102 Even more counries

including he Dominican Republic, Honduras, Nigeria, Pakisan, and Peruhave

explored his pah.103 Te accepance o he cards, however, especially by financial

insiuions, issued by counries oher han Mexico and Guaemala varies widely

in he Unied Saes.

Many U.S. saes accep consular IDs as a orm o idenificaion o issue driver’s

licenses, and a number o municipaliies also accep hem o issue municipal

IDs.104 Driver’s licenses issued wih a consular ID as a orm o idenificaion are

no REAL ID-complian, and hus, ederal agencies do no accep hem or official

purposes. As menioned earlier, however, such driver cards can sill be used o

operae a vehicle and as a orm o idenificaion or oher purposes.105

Differen U.S. ederal agencies also have differing sances abou he accepance

o consular ID cards. While he Deparmen o he reasury does no explic-ily prohibi consular IDs rom being used as a valid orm o idenificaion

o open a bank accoun, in 2003, an official rom he FBI esified beore he

House o Represenaives Subcommitee on Immigraion, Border Securiy, and

Claims ha Mexico’s marícula

consular may be an unreliable orm o ideni-

ficaion because individuals can use alse documens o ge i.106 In 2004, he

Governmen Accounabiliy Office, or GAO, raised similar concerns abou he

lack o consisen securiy eaures among he consular cards ha cerain coun-

ries issue.107 In 2014, in response o hese criicisms, he Mexican governmen

rolled ou a new marícula consular ha conains enhanced securiy eaures.108

According o Mexican officials, he new consular ID card is secure and amper-

proo and is provided only afer a cenralized daabase is checked o avoid issu-

ance o duplicae orms o ID.109


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The acceptance of consular IDs gets embroiledin the birthright citizenship controversy

Over the years, consular IDs have faced several legal

hurdles. Recently, Texas adopted a policy of banning

state registrars from accepting consular ID cards toissue birth certificates.110 As a result, Texas officials

have refused to issue birth certificates to a number of

U.S.-born children of unauthorized parents.111 Texas

officials argue that foreign consulates do not verify

the documents they receive when they issue consular

IDs, which renders the IDs unsecure.

In 2015, 19 parents of 23 children filed suit in the

U.S. District Court in Austin claiming that the refusals

to issue birth certificates are “unconstitutional and

discriminatory.”112 Refusing to accept the validity

of the unauthorized parents’ ID cards has the effect

of refusing to accept a far more important fact:

that a child was born on U.S. soil and is therefore

entitled to a birth certificate attesting to that fact.

The end result for the child is that he or she lacks a

document that is critical to establish his or her U.S.

citizenship, and this can raise serious issues regard-

ing access to documents, benefits, and rights to

which all U.S. citizens are entitled. Even though U.S.

District Judge Robert L. Pitman argued that denying

birth certificates raises grave concerns, he declined

to temporarily enjoin Texas from refusing to issue

official birth certificates in such cases.113 The court

held that, “Plaintiffs have established, at a minimum,

that deprivation of a birth certificate to the Plaintiff

children results in deprivations of the rights and

benefits which inure to them as citizens, as well as

deprivations of their right to free exercise of religionby way of baptism, and their right to travel.”114

However, the court also held that plaintiffs presented

insufficient facts to meet the burden of demon-

strating at this early point in the case that they are

substantially likely to prevail on the merits. In sup-

port of the families, Austin Police Chief Art Acevedo

signed a declaration stating that matrícula consular

cards are a valid form of ID in September 2015. 115 The

government of Mexico also filed an amicus brief in

support of the plaintiffs, arguing that Texas’ refusal

to recognize official Mexican ID documents threatens

friendly relations between the two countries and

that Mexican passports and consular IDs are widely

accepted and reliable forms of identification.116

In late October 2015, North Carolina also enacted a

law, H.B. 318, prohibiting government agencies from

accepting alternative forms of IDs, such as consular

cards, for official government services, a move that

caused an uproar among immigrants and advocates.117

However, challenges to laws that ban the acceptance

of alternative IDs have been successful in courts. In a

2011 Indiana case, for example, several advocacy and

legal organizations won a lawsuit against Indiana’s

restriction on the acceptance of consular IDs.118


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Benefits of ID cards for

unauthorized immigrants

and localities

Each orm o idenificaion discussed in his repor provides unauhorized

immigrans wih a range o benefis, some common among he cards and oh-

ers unique o one or he oher. Sae-issued driver’s licenses have heir own se

o benefis because hey provide cardholders wih a valid license o drive and

are acceped saewide, unlike municipal and consular IDs. While municipal IDs

neiher provide a license o drive nor are likely o be acceped in oher ciies, he

cards are designed o increase accessibiliy o ciy services o all residens, regard-less o saus. In comparison, oreign governmens issue consular IDs so ha heir

ciizens living abroad have an official orm o idenificaion acceped by financial

insiuions and oher eniies across sae and municipal boundaries.

ID cards assist in interactions with local law enforcement

and increase public safety

In mos cases, valid phoo idenificaion cards improve he cardholder’s inerac-

ion wih local law enorcemen and vice versa, provided ha police officers and

sheriff ’s depuies accep hem. Tere is a deep-rooed and very real ear in he

immigran communiy ha i immigrans conac he police, hey or heir loved

ones will be aken ino cusodyand i hey are ound o be unauhorized, hey

could be ulimaely depored. Tere have been numerous accouns o a crime

vicim calling 911 or help only o be deained and depored; many imes, his

process begins when he vicim lacks idenificaion or has an invalid orm o ID.119

Similarly, here is ample evidence ha when an unauhorized immigran is

caugh driving wihou a licensea minor raffic offenseha arres may leado deporaion. In a 2012 inerview, an officer in Charlote, Norh Carolina,

relaed an inciden where an unauhorized immigran was sopped or a raffic

violaion “wih no proper documenaion, he was arresed, [because he] doesn’

have a Norh Carolina license; hey ship him back o his counry.”120 Almos 60


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percen o Lainos surveyed in 2011 repored ha hey knew someone who was

arresed afer being sopped by police or a driving violaion. 121 Anoher 2011

survey o Mexican immigrans revealed ha more han one-quarer o he police

sops in Norh Couny, Caliorniahe second-mos populous area in San Diego

Counyulimaely led o deporaion.122

Anoher survey o unauhorized Laino immigrans published in 2013 revealed

ha 70 percen o he respondens were “less likely o conac police officers”

i hey were vicims o a crime, and an equal percen were less likely o repor

crimes.123 Unauhorized respondens o he survey saed ha hey were unwill-

ing o seek help even when hey needed i because hey eared ha he police

would ask abou heir immigraion saus or he saus o someone hey love. Law

enorcemen officials oo are aware o he misrus ha he immigran commu-

niy has in police; nearly 60 percen o law enorcemen execuives, in a naional

survey, responded ha immigrans were less likely o conac law enorcemen as

vicims or winesses o a crime compared wih he general populaion.124 Tesesaisics are roubling because when a communiy member is araid o call he

police, heir ear hreaens he public saey o he enire communiy.

Tereore, one o he principle purposes o he creaion and accepance o

alernaive orms o idenificaion is o improve he ineracions o unauhorized

immigrans and oher vulnerable residens wih law enorcemen. For example,

he ordinances or he municipal ID card programs or San Francisco’sboh

ciy and counySF Ciy ID Card and Oakland’s Oakland Ciy ID Card each

speciy ha making residens eel secure enough o conac police is an impor-

an goal o heir programs.125 In ciies such as Cincinnai, he police deparmen

esablished a procedure o accep consular IDs as a valid orm o idenificaion and

has banned law enorcemen rom arresing individuals solely because hey may

be unauhorized.126 Moreover, some ciy law enorcemen agencies now have he

echnical abiliy o read he securiy eaures o cerain consular IDs o help veriy

heir auheniciy.127 As menioned earlier, 1,036 U.S. police deparmens accep

marícula consular cards as a orm o idenificaion. Similarly, many ciies wih

municipal ID programs also require local law enorcemen o accep municipal ID

cards as a valid orm o idenificaion. For example, IDNYC was launched wih

srong suppor rom he New York Ciy Police Deparmen.128

Providing unauhorized immigrans wih valid idenificaion does no only

enhance rus in local law enorcemen and increase he likelihood ha such peo-

ple will seek or offer assisance o police, bu i also helps police officers do heir

One of the princ

purposes of the

creation and

acceptance of

alternative form

of identification

is to improve

the interactions

of unauthorized

immigrants and

other vulnerable

residents with la

enforcement.


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jobs more effecively. Firs, valid ID allows officers o avoid spending limied ime

and resources rying o ideniy people hey encouner. Second, i enables officers

o more easily deermine i an individual has ousanding warrans and helps hem

gauge a person’s hrea level.129

Some saes have aken affirmaive seps o encourage unauhorized immigranso obain valid idenificaion documens ha can be used in encouners wih

law enorcemen officials. For insance, when Nevada enaced a law exending

driving privileges o individuals who could no prove legal saus, he sae also

barred officials rom inquiring abou immigraion saus during rouine polic-

ing.130 And in 2011, he atorney general o Vermon insiued a bias-ree polic-

ing policy wih similar guidelines o creae a posiive relaionship beween law

enorcemen and all residens.131

Universal access to driver’s licenses increases road safetyand raises revenue

Expanding access o driver’s licenses makes roads saer or everyone.132 Enabling

individuals, regardless o heir immigraion saus, o ge driver’s licenses, ensures

ha hose who need o drive are able o ake a driving es, go hrough he same

screening as everyone else, and can drive legally.

Many unauhorized immigrans repor ha hey are orced o drive wihou a

license because hey need o ge easily rom poin A o poin Bwheher hey

are going, or example, o he hospial wih a pressing healh concern or o and

rom work.133 A sudy rom he Oregon Deparmen o ransporaion repored

ha 75 percen o Lainos inerviewed, one-hird o whom were unlicensed

hemselves, knew someone who drove wihou a license.134 No allowing indi-

viduals, who in mos locaions need o drive o live heir lives, an opporuniy o

be properly esed and licensed raises saey concerns or everyone on he road.

Providing universal access o driver’s licenses is a common-sense soluion ha

many saes are already moving oward.

Universal access o driver’s licenses also would mean increased access o auoinsurance. A 2015 CAP survey revealed ha afer DACA provided cerain unau-

horized youh emporary relie rom deporaion and he opporuniy o apply

or a work permi, nearly 90 percen go heir driver’s license, and among hose

who bough a car, 96 percen purchased insurance.135 Issuing driver’s licenses


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o all unauhorized immigrans poenially means reducing he share o unin-

sured drivers on he roads. In Uah, or example, 76 percen o residens holding

Driving Privilege Cards also had auo insurance, according o a 2008 audi o

he program.136 Moreover, expanding he pool o insured people will increase

insurance savings or oher drivers as well.137 A 2015 empirical sudy showed

ha insured drivers in saes ha deny driver’s licenses o unauhorized immi-grans pay $17.22 more per year, on average, or auo insurance han drivers in

saes wih more inclusive laws.138 By auhorizing a broader swah o he popula-

ionmany o whom already drive wihou a license or insuranceo obain

driver’s licenses and purchase auo insurance, saes can decrease he average

cos o insurance or all drivers.

Issuing driver’s licenses and driving cards also increases sae revenues hrough

ees associaed wih he applicaion and issuing process. A repor rom New Jersey

esimaes ha depending on he licensing ee charged, he sae could immediaely

collec anywhere beween $5.2 million and $11.1 million in addiional licensingees.139 Oher saes esimae ha he increase in revenues would be significanly

larger i axes rom car sales, auomobile regisraion ees, and vehicle axes were

also included in he revenue mix.140

Access to driver’s licenses and other forms of ID

increases economic participation

A valid orm o idenificaion also makes daily ransacions ha require an ID

much easier o aciliae.141 Increased access o local businesses means ha unau-

horized immigrans will be beter inegraed ino he local economy, spend more

money, and creae greaer local demand. Indeed, ciies promoe heir ID cards

among local businesses and reail esablishmens and ofen parner wih he busi-

ness communiy o provide discouns o cardholders, which also urhers he goal

o boosing local commerce.142 Tere is also some evidence ha a lack o accep-

able idenificaion makes i difficul or unauhorized individuals o make larger

purchases such as houses and cars.143

Oher han making purchases, idenificaion cardsspecifically, driver’s licensesand drive-only cards–make i easier or individuals o ge and keep jobs.144 Tis

benefi was highlighed in 2009, when Pennsylvania suspended more han 1,000

driver’s licenses afer he sae could no veriy he license holder’s Social Securiy

number.145 Nearly 50 percen o unauhorized immigrans surveyed in 2015 in


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Pennsylvania repored losing a job afer heir licenses were cancelled. Almos 90

percen said ha hey acceped a lower-paying job because hey did no have a

license o ge o and rom a beter-paying job.146 Curailing he mobiliy o workers

consrains hem o make choices ha will limi hem in achieving heir ull poen-

ial.147 I hey are able o find jobs ha beter mach heir skills, ha will in urn

improve heir economic siuaions and increase heir paricipaion in he localeconomyulimaely helping all residens in a given communiy or sae.148

ID cards make ser vices more accessible for unauthorized

immigrants and their families

Idenificaion cards can increase access o basic ciy services and make communiy

members eel welcome. Municipal ID cards, in paricular, are designed o make

ciy services accessible or all ciy residens. All municipal ID cards are issued

o uncion as proo o ideniy and residency. Depending on heir design, hesecards also provide access o a range o services; hey can be used as a library card;

o open bank accouns; as a debi card; and, in some cases, a parking meers.149

Municipal ID cards also give access o recreaional aciliies by allowing cardhold-

ers o open accouns a he parks and recreaion deparmens, as is he case wih

he SF Ciy ID Card, or a local culural insiuions, as in he case o New York

Ciy’s IDNYC.150 Moreover, IDNYC and oher cards give a series o discouns or

movie heaers, wellness ceners, heme parks, and even Broadway shows.151

Providing access o ID cards or unauhorized immigran parens increases access

o basic services or heir children, many o whom are U.S. ciizens. Tere are cases

where unauhorized parens could no enroll heir children in school because hey

did no have a valid sae-issued ID card.152 Some municipal card programs also

ry o address his problem, as hey specifically can be used or school enrollmen,

as is he case in Newark, New Jersey, and New York Ciy.153 Oher municipal ID

cards provide access o basic healh care services, responding o many unauhor-

ized immigrans’ ear o going o he hospial. Besides giving access o many ciy-

run healh clinics and giving discouns on prescripion medicaion, he SF Ciy ID

Card has an opion o include a cardholder’s medical condiions and allergies.154

Along wih municipal IDs, many ciies also accep consular IDs o access basic

ciy services. Immigrans can use heir consular IDs o ge library cards, busi-

ness licenses, and regiser children in school.155 Individuals can also use heir

consular IDs along wih he oher required documens o receive municipal ID


24/42


cards in New Haven, Connecicu; New York; and oher ciies.156 Many saes

also recognize consular IDs as a valid orm o idenificaion or he issuance

o driver’s licenses and nondriver ID cards. Uah, or example, specifies ha i

acceps marícula consular as one o he documens o issue he sae’s DPC, while

Connecicu acceps consular IDs as valid orm o idenificaion.157

ID cards increase access to financial institutions

As menioned earlier, sudies show ha he majoriy o unauhorized immi-

grans do no have bank accouns and insead use nonradiional mehods o

cash checks.158 Furhermore, he ac ha hese individuals are unbanked also

means hey will no have a secure means o save heir hard-earned cash. As a

resul, unauhorized immigrans requenly keep large amouns o money in heir

homes or carry i on heir person.159 Tese sors o pracices pu hem and heir

communiies a risk. Because hey lack access o financial insiuions, unauhor-ized immigrans have someimes been labeled by he media and public as “walk-

ing AMs” or he large sums o cash he carry on heman ac ha makes hem

a arge or criminals and creaes a public saey concern. 160 Tey also end up

using expensive cash-checking services ha charge exorbian ees simply o cash

a checkanywhere rom 2 percen o 5 percenand hen pay again o conver

cash o money orders or oher orms o paymen, which can add up o hundreds

or housands o dollars in ees per year.161

Wih he goals o incorporaing unbanked residens ino he ormal economy and

proecing hem rom criminals, some ciies have designed heir municipal ID

cards o be used as prepaid debi cards. For example, he municipal ID cards o

Richmond and Oakland, Caliornia, have an opional prepaid debi card banking

eaure.162 Te debi card opion allows individuals o use banking services such

as direc deposi, online purchases, and cash reloading on he card. o increase

securiy and accepabiliy, unds on he cards are insured by he Federal Deposi

Insurance Corporaion, or FDIC, and acceped anywhere ha a MaserCard debi

card can be used. However, he high ransacion coss o hese municipal ID debi

cards may be a major hurdle or low-income cardholders o use hem in such a

way. Te Richmond ID card charges as much as a $3.99 monhly ee, a 50-ceninaciviy ee, and $1 on op o he general AM wihdrawal ee.163 While hese

charges may no sound high, or a low-income individual, hey add up as and

may be more expensive han oher prepaid cards or bank accouns on he marke.


25/42


Oher municipal ID cards ha do no have debi card eaures may, in heory, be

used o open bank accouns in financial insiuions ha parner wih hem. For

example, he SF Ciy ID Card eamed up wih several credi unionsincluding

Norheas Credi Union, Paelco Credi Union, and Redwood Credi Union

o allow cardholders o open financial accouns.164 Similarly, IDNYC parnered

wih more han a dozen banks and credi unions o allow individuals o open bank or credi accouns.165

Even unauhorized immigrans living in saes and ciies ha do no issue

driver’s licenses, ID cards or municipal IDs may have access o financial insiu-

ions i hey have consular IDs. In 2001, Wells Fargo became he firs bank o

accep consular IDs issued by he Mexican governmen or ransacions; i now

also acceps IDs rom Argenina and Guaemala.166 In addiion, a number o

oher large banks and credi unions across he counry accep consular cards,

including Ciibank, Bank o America, and U.S. Bancorp.167

Helping individuals access mainsream banking services saves hem money and

ime; ensures ha heir earnings are sae; and opens he door o addiional finan-

cial opporuniies, such as affordable loans, in he uure.


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Limitations of identification cards

While each ype o idenificaion discussed in his repor helps solve a par o he

challenge ha unauhorized immigrans ace because o a lack o ederally recog-

nized ID, each also has is own limiaions.

Federal agencies accept none of the aforementioned ID cards

Tere is no way or millions o unauhorized immigrans o access governmen-issued idenificaion acceped or ederal purposes. No one o he approaches

menioned in his repor is acceped or official use by he ederal governmen,

which means ha hey canno be used, or example, o board an airplaneno

even or domesic flighs.168

Differences in state driver’s license laws for unauthorized

immigrant drivers pose challenges

As wih any sae-level policy, here is a dispariy among he saes when i comes

o unauhorized immigran drivers. Colorado, Washingon, and Vermon issue

driver’s licenses ha allow unauhorized immigrans o drive legally, along wih

nondriver idenificaion cards or hose who do no drive.169 In comparison,

Connecicu, Uah, Hawaii, and Illinois issue driver’s licenses or driving purposes

only bu do no issue nondriver ID cards or he purpose o idenificaion.

For all o hese cardholdershose holding driver’s licenses, nondriver ID, and

drive-only cardscrossing sae lines is a ricky proposiion, since doing so

depends on each jurisdicion’s accepance o anoher sae’s card. I an unauhor-ized individual wih a driver’s license rom Maryland, or example, crosses ino

Virginia, here is no guaranee ha Virginia will accep his or her driver’s license.


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Marking IDs as noncompliant may stigmatize cardholders

Te REAL ID requiremen or saes o mark driver’s licenses and nondriver ID

cards o indicae ha hey are no acceped or ederal purposes raises concerns

ha hese licenses and orms o ID may be inerpreed as a “scarle leter” ha

idenifies he cardholder as an unauhorized immigran, which could lead o dis-criminaory behavior, including unlawul sops and arress. Caliornia ook seps

o address his concern by adding a provision in he law ha discriminaion resul-

ing rom he REAL ID requiremen is agains he sae’s Unruh Civil Righs Ac.170

Consular ID cards may raise similar concerns, since someone carrying one

may be presumed o be unauhorizedeven hough all ciizens o ha counry

echnically can carry he card. Similarly, alhough any residen can ge municipal

IDs, ciies are also concerned abou branding and sigmaizing heir unauhor-

ized populaions; hey hereore include atracive benefis o encourage all

residens o apply or hem.171

Not all city ser vices and businesses accept municipal

and consular IDs

Tere is also evidence ha municipal cards may no be acceped by some ser-

vice providers and businesses in he communiies in which hey are issued. For

example, a sudy o New Haven’s Elm Ciy Residen Card concluded ha he card

was no consisenly acceped among all local businesses.172 Furhermore, here

is a wide discrepancy in he accepance o municipal and consular IDs o open

accouns in financial insiuions. Even among he ew ciies ha issue municipal

ID cards, he ciies parner wih only some financial insiuions o allow cardhold-

ers o open bank accouns.173 Tis means ha no all banks and credi unions in

a ciy accep municipal IDs as a primary or even secondary orm o ID. Similarly,

while many major banks accep consular IDs as a valid orm o idenificaion,

many oher banks do no. Among financial insiuions ha do accep consular

IDs, he marícula consular issued by Mexico seems o be more widely acceped

han ohers. Individuals holding oher consular IDs will have difficuly accessing

financial insiuions, as accepance differs rom insiuion o insiuion.

Likewise, law enorcemen’s accepance o consular IDs is also mixed, hough

he rend has been oward increased accepance. Case in poin: Los Angeles

Couny has adoped a policy o accep consular IDs rom Mexico, Argenina, and

Korea and has se some sandards o accep ohers.174 A 2004 repor rom he


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Governmen Accounabiliy Office saed he accepance o consular IDs among

differen ederal deparmens varied.175 For example, while he Deparmen o

he reasury passed a regulaion ha allows consular IDs o be used as a orm o

idenificaion o open bank accouns, he FBI and he Deparmen o Homeland

Securiy have expressed concerns over he securiy o consular IDs.176 However,

he Deparmen o Sae warns ha no acceping consular IDs rom oher coun-ries could mean ha oher counries may realiae by reusing o accep he U.S.-

issued IDs o American ciizens living abroad.177


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Recommendations

Idenificaion is a pracical problem aced by unauhorized immigrans, heir loved

ones, and he communiy members hey inerac wih on a daily basis. As his

repor indicaes, each o he policy opions ha saes and localiies pursue have

heir own se o benefis and drawbacks bu neverheless serve as good examples

or oher jurisdicions o ollow.

States should issue driver’s licenses to all eligible individuals,regardless of immigration status

Currenly, only 12 saes, Puero Rico, and he Disric o Columbia have some

orm o a driver’s license law ha allows unauhorized immigrans o drive legally.

Besides he srong road saey argumens or increasing access o driver’s licenses,

hese laws have he added benefi o increasing access o auo insurance, which in

urn can lead o a decrease in overall insurance cos or all drivers.

While sae-issued driver’s licenses are he mos srucured and acceped orm o

idenificaion ha an unauhorized immigran can possess, some saes issue ID

cards only or drivers. Tese drive-only cards are a posiive sep oward helping

drivers who do no have proper documens, bu he policy excludes oher margin-

alized individuals who canno drive and would benefi rom a nondriver idenifi-

caion card. Given ha REAL ID allows saes o issue boh driver’s licenses and

nondriver idenificaion cardsas long as he nondriver cards have a disincive

mark o bar heir use or official ederal purposesi makes sense or every sae

o issue driver’s licenses o all residens, along wih nondriver idenificaion cards.


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States with REAL ID-noncompliant driver’s licenses marked with

a recognizable feature need to ensure through regulation that

there is no discrimination based on the marks

Driver’s licenses and nondriver idenificaion cards ha are noncomplian wih

REAL ID are required o have a recognizable mark on hem ha allows hem o be easily disinguished rom ederally recognized cards. Tis is a problem: Te

mark could have he uninended consequence o generaing presumpions abou

he cardholder’s immigraion saus, making hese individuals vulnerable o dis-

criminaion. When individuals presen a marked idenificaion card o a landlord,

pharmacis, or bank eller, or example, hey migh be reaed differenly because

ohers could assume ha he cardholder lacks legal saus. 178 As a resul, unauhor-

ized immigrans may be unwilling o ge a marked ID because hey do no wan

o be singled ou. In an effor o alleviae ha concern, Caliornia officials ried o

place he REAL ID-complian marks on he backs o heir ID cards so ha hey did

no immediaely raise quesions abou he immigraion saus o he cardholder.DHS officials rejeced Caliornia’s design, saing ha i was noncomplian wih

he REAL ID Ac’s requiremens.179 o discourage discriminaion and encourage

people o use he new driver’s licenses, Caliornia passed legislaion prohibiing

discriminaion based on he required mark on sae ID cards. Oher saes ha issue

driver’s licenses and nondriver idenificaion cards or are planning o propose hem

should consider similar ani-discriminaion provisions o proec cardholders.

Localities should pursue municipal ID card programs,

while also raising awareness and acceptance of the cards

Municipal ID cards are one o he innovaive ways in which some ciies have cho-

sen o assis residens who canno access a valid phoo idenificaion card.

Noneheless, ciies offering or considering he use o municipal ID cards need

o ensure vigorous oureach o all communiies o ensure ha residens who

mos need he IDs can ge hem. For example, New York was able o success-

ully promoe IDNYC among all residens and issued more han 570,000 cards

in a litle more han 10 monhs afer he program’s launch.180

IDNYC has around29 permanen and emporary enrollmen ceners across he ciy. 181 In addiion,

inormaion abou IDNYC is available in muliple languages. Oher ciies have

seen ar ewer applicans or heir programs, and lack o srong oureach could be

he problem. Oureach effors o encourage residens o apply or municipal IDs


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need o be coupled wih oureach o local businesses and financial insiuions.

Municipal ID program adminisraors need o raise awareness and build relaion-

ships wih more basic service providers, financial insiuions, and local business

esablishmens o increase card accepance.182

Countries that issue or plan to issue consular IDs should improve

security and awareness to increase their acceptability

Muliple oreign consulaes issue or are planning o issue consular IDs o heir cii-

zens living abroad, bu financial insiuions do no accep all consular IDs o open

a bank accoun, nor does law enorcemen recognize hem in all places.

Foreign consulaes have been working oward increasing he securiy o heir

consular IDs. Te Mexican consular idenificaion card, or marícula consular, is

one o he oldes and, poenially, he mos acceped consular IDs in he UniedSaes. In November 2014, Mexican consulaes sared o issue new consular ID

cards wih improved securiy eaures. For insance, he new card is linked o a

cenral Mexican daabase ha confirms ideniy and has hidden securiy eaures

o preven duplicaion and embedded ideniy daa.183 Increased securiy o he

cards and clear ways o veriy individuals’ ideniies would make he consular IDs

more accepable o local governmens and financial insiuions.

More sae and local governmens, local law enorcemen, and financial insiuions

should esablish guidelines o accep consular IDs rom Mexico and oher counries.

States and localities should establish policies to bar officials

from inquiring about an individual’s immigration status

Many localiies explicily launched ID card programs and passed driver’s license

laws wih he goal o improving he relaionship beween local law enorcemen

and unauhorized immigrans. Tere are some saes, such as Nevada, where driver

auhorizaion laws specifically prohibi he release o any inormaion regard-

ing immigraion saus o any level o governmen or immigraion enorcemenpurposes.184 Some local police deparmens also prohibi heir officers rom asking

abou such saus. Recenly, he Sal Lake Ciy, Uah, police chie announced

ha he deparmen will no ask or individuals’ immigraion sausa move

o enhance rus wih and beter proec all communiy members and decrease


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crime.185 A he sae level, Uah passed a law in 2011 ha would have auhorized

police o ask or “papers” rom individuals i hey had “reasonable suspicion” ha

hey were involved in human rafficking; a ederal disric cour sruck down key

provisions o his law in 2014.186 In 2003, years beore IDNYC was announced,

hen-New York Mayor Michael Bloomberg (I) signed an execuive order ha

prohibied ciy workers rom inquiring abou immigraion saus and wen on ospeciy ha law enorcemen was prohibied rom asking abou he immigraion

saus o individuals seeking assisance or reporing a crime.187 Having policies in

place ha prohibi inquiry abou immigraion saus would make individuals eel

more secure when conacing law enorcemen, more likely o come orward as

winesses, more willing o ask or help when hey are vicims, and more likely o

repor workplace exploiaion and violaions.188

Federal lawmakers should pass immigration reform that includes

a pathway to citizenship

Only comprehensive immigraion reorm legislaion, which includes legal saus

or a majoriy o unauhorized immigrans, will ruly solve he naional problem

o idenificaion. Congress has he sole power o ake acion o devise a humane

sraegy ha responds o he needs o he 11.3 million undocumened individuals

in he Unied Saes, pus hem on a pahway o ciizenship, and provides hem

wih he chance o live wih digniy in he saes and ciies ha hey conribue o

on a daily basis.189 Doing so would allow his populaion o access ederal, REAL

ID-complian licenses acceped across he Unied Saes.

Adminisraive acion on immigraion also has he abiliy o solvea leas

emporarilyidenificaion issues or a significan porion o he unauhorized

populaion. All 50 saes and he Disric o Columbia now issue driver’s licenses

o DACA recipiens.190 Anoher adminisraive acion, announced in November

2014, expands DACA and provides Deerred Acion or Parens o Americans and

Lawul Permanen Residens, or DAPA.191 Currenly, however, he implemena-

ion o expanded DACA and DAPA is on hold due o a exas-led lawsui upheld

by he 5h Circui Cour o Appeals in New Orleans in November 2015, meaning

ha nearly 4 million people remain wihou access o a REAL ID-complian iden-ificaion card.192 I he U.S. Supreme Cour agrees o hear his case, i will be up o

he jusices o decide he ae o millions o unauhorized immigrans eligible or

deerred acion and heir amilies.193

Only comprehen

immigration ref

legislation, whic

includes legal

status for a majo

of unauthorized

immigrants, will

truly solve the

national problem

of identification


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Conclusion

In he pas, he ederal governmen generally se and enorced immigraion law,

bu as ederal immigraion reorm has salled, saes and localiies have become

more involved in how hey inerac wih unauhorized immigrans. A lack o

ederal sandards and he absence o clear guidance on how people should

ideniy hemselves has orced saes o ake posiions, since issuing driver’s

licensesone o he insrumens ha people use o ideniy hemselvesalls

under heir purview. A number o ciies have sepped up o he plae as well in

issuing municipal IDs, as have some oreign consulaes, which have expandedheir consular ID programs.

Te various saes, localiies, and insiuions discussed in his repor have aken

posiive seps o come up wih pracical and common-sense soluions o he prob-

lems ha heir residens and communiies ace. Issuing driver’s licenses o anyone

who needs o drive increases road and public saey or everyone on he road.

When all communiy members can call law enorcemen wihou ear o repercus-

sions, i makes enire communiies saer. A he local level, municipal IDs embrace

all residens, unauhorized or oherwise, and makes hem par o he larger com-

muniy. Similarly, consular IDs give individuals an addiional opion or iden-

ificaionand someimes, he only opion o open bank accouns or ge birh

cerificaes. Overall, hese sae and local effors provide digniy o he people who

carry hem and saey and securiy o everyone else.


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About the author

Silva Mathema is a Policy Analys on he Immigraion Policy eam a he Cener

or American Progress. Her research ocuses on he effecs o U.S. immigraion

policies on he daily lives o immigrans. Previously, she worked as a research

associae or he Povery & Race Research Acion Council, where she sud-ied he inersecions beween race and ehniciy issues and policies regarding

affordable housing and educaion.

Mahema earned her Ph.D. in public policy rom he Universiy o Norh

Carolina a Charlote, where she specialized in immigraion policy. She holds a

bachelor’s degree in economics rom Salem College. Mahema is originally rom

Kahmandu, Nepal.

Acknowledgments

Te auhor would like o hank all o he saes, municipaliies, and organizaions

ha provided daa on heir idenificaion cards. In addiion, she would like o

hank om Jawez and Philip E. Wolgin or heir help in making his repor pos-

sible and Lize Ocampo and Joe Valeni or heir helpul insighs.


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Endnotes

1 Jeffrey S. Passel and D’Vera Cohn, “Unauthorized im-migrant population stable for half a decade,” Fact Tank,July 22, 2015, available at http://www.pewresearch.org/fact-tank/2015/07/22/unauthorized-immigrant-population-stable-for-half-a-decade/. Research showsthat almost 37 percent of the unauthorized populationlives in a state that gives them access to driver’slicenses. For more information, see The Pew Charitable

Trusts, “Deciding Who Drives: State choices surroundingunauthorized immigrants and driver’s licenses” (2015),available at http://www.pewtrusts.org/~/media/As-sets/2015/08/Deciding-Who-Drives.pdf?la=en.

2 Jeffrey S. Passel and D’Vera Cohn, “Unauthorized Im-migrant Population: National and State Trends, 2010”(Washington: Pew Research Center, 2011), availableat http://www.pewhispanic.org/2011/02/01/unau-thorized-immigrant-population-brnational-and-state-trends-2010/.

3 Alan Gomez, “Voices: Afraid to apply for health carefor their kids,” USA Today , March 23, 2014, avail-able at http://www.usatoday.com/story/news/nation/2014/03/23/voices-gomez-immigration-afford-able-care-act/6652529/.

4 The Center for Popular Democracy, “Who We Are:Municipal ID Cards as a Local Strategy to PromoteBelonging and Shared Community Identity” (2013),available at http://populardemocracy.org/sites/default/files/municipal%20id%20report.pdf.

5 Joanna Dreby, “How Today’s Immigration EnforcementPolicies Impact Children, Families, and Communities”(Washington: Center for American Progress, 2015),available at https://www.americanprogress.org/issues/immigration/report/2012/08/20/27082/how-todays-immigration-enforcement-policies-impact-children-families-and-communities/.

6 Emergency Supplemental Appropriations Act for Defense,the Global War on Terror, and Tsunami Relief , H. Rept.1268, 109 Cong. 1 sess. (Government Printing Office,2005); U.S. Department of Homeland Security, “REAL IDFrequently Asked Questions for the Public,” available at

http://www.dhs.gov/real-id-public-faqs(last accessedOctober 2015).

7 Besides these approaches, there are multiple ways inwhich institutions attempt to find a solution for theidentification problem. The IRS gives certain taxpayerswho do not have Social Security numbers Individual

Taxpayer Identification Numbers, or ITINs, to file federaltax returns. This ensures that everyone, whether docu-mented or undocumented, pays the taxes they oweto the federal government. Some states also acceptITINs to apply for driver’s licenses, and some financialinstitutions accept them as a form of ID to open bankaccounts. See Internal Revenue S ervice, “General ITINInformation,” available at http://www.irs.gov/Individu-als/General-ITIN-Information (last accessed October2015); American Immigration Council, “The Facts aboutthe Individual Tax Identification Number (ITIN),” avail-able at http://www.immigrationpolicy.org/just-facts/

facts-about-individual-tax-identification-number-itin (last accessed October 2015).

8 U.S. Department of Homeland Security, “REAL IDFrequently Asked Questions for the Public.”

9 The issue of whether driver’s licenses are acceptedin other states is not clear. In the Nevada DMV’s FAQsection, it says, “Check with the Highway Patrol orother law enforcement agency in each area whereyou will drive. The American Association of MotorVehicle Administrators has ruled that the DAC [DriverAuthorization Card] driving privilege should be validin other states under national compacts and reciprocalagreements. However, each state or jurisdiction mayset its own policies. Please check with law enforcementbefore you travel.” For more information, see NevadaDepartment of Motor Vehicles, “Driver AuthorizationCards: Frequently Asked Questions,” available at http://www.dmvnv.com/dac.htm (last accessed October2015); National Conference of State Legislatures,“States Offering Driver’s Licenses to Immigrants” (2015),available at http://www.ncsl.org/documents/immig/DL_EnactedTable_July2015.pdf .

10 National Immigration Law Center, “Marked Driver’sLicenses Are Wrong for This State” (2013), available athttp://www.nilc.org/DLaccesstoolkit3b.html.

11 Jeffery S. Passel and others, “As Growth Stalls, Unau-thorized Immigrant Population Becomes More S ettled”(Washington: Pew Research Center, 2014), available athttp://www.pewhispanic.org/2014/09/03/as-growth-stalls-unauthorized-immigrant-population-becomes-more-settled/.

12 Passel and Cohn, “Unauthorized immigrant populationstable for half a decade”; Jeffrey S. Passel and D’VeraCohn, “Unauthorized Immigrant Totals Rise in 7 States,Fall in 14” (Washington: Pew Research Center, 2015),available at http://www.pewhispanic.org/2014/11/18/unauthorized-immigrant-totals-rise-in-7-states-fall-in-14/.

13 Passel and Cohn, “Unauthorized Immigrant Totals Risein 7 States, Fall in 14.”

14 Jeffrey S. Passel and D’Vera Cohn, “Share of Unauthor-ized Immigrant Workers in Production, ConstructionJobs Falls Since 2007” (Washington: Pew ResearchCenter, 2015), available at http://www.pewhispanic.

org/2015/03/26/share-of-unauthorized-immigrant-workers-in-production-construction-jobs-falls-since-2007/.

15 Matthew Gardner, Sebastian Johnson, and MegWiehe, “Undocumented Immigrants’ State & Local TaxContributions” (Washington: Institute on Taxation andEconomic P

Documents

Providing Identification to Unauthorized Immigrants