The Latino Community and the Issuance of a Drivers License - Coursework Example

The Latino Community and the Issuance of a Driver’s License Being one of the most highly industrialized countries in the world, the United States of America produces a long list and variety of opportunities to people worldwide. History will tell us that the US has an enormous experience in terms of immigration of people from different place, race, culture and creed. These immigrants, together with the US born citizens worked side by side with each other and by their works reflected major part of what are the US is all about today. However, it cannot be denied that even long ago, there were issues surrounding the immigration policies and the US struggled to settle the differences among themselves. And now is not different from the past, the US despite her resources and the good life of its people, faced countless issues regarding race, ethnicity and varied culture of its inhabitants. These among others continuously become a subject of heated debates and arguments from scholars, politicians and for every Tom, Dick and Harry. This essay will discuss the issues and policies involving the issuance of Driver’s license and its effect on Latino empowerment in the US. In doing so, this paper aims to present the history of the policy particularly that which involves Driver’s License, the review of related laws particularly, the enactment of the Real ID Act of 2005, the arguments surrounding the issue and its impact on the Latino population as well as the current and the future anticipation of the policy. The Latino Experience The term Latino or Hispanic are a cluster of distinct population, each of which identifies with a particular country. 1 There area about more than 41 million 2 Latino in the United States. This figure shows that there is a growing portion of Latinos in the US. It can be inferred that about two of three Latinos are Mexican-American, Puerto Ricans and Cubans. 3 Other people and societies of Latin America are represented in smaller numbers. Most of the Latino population lives in the Southwestern part of the US, mostly of Mexican decent. Other Latino communities like the Puerto Ricans and the Cubans are concentrated in New York and Florida respectively. Many of these immigrants are faced with challenges of a language barrier, a number of youth drop out before earning their high school diploma which consequently limits its economic and social gains among others, Likewise there is a distrust of financial institutions, as well as lack in basic health insurance and the growing anti-immigrant sentiment are added to these challenges. Despite the number of Latinos in the population, it is yet to find its niche in the implementation and formulation of policies in the country which will address their concerns fully as a part of the country’s productive workforce and agents for social change and economic empowerment. The Aftermath of September 11, 2001 The twenty first century continues to be uncertain for the world stage. Worldwide, countries are all immersed in to the period of change, since events all over the world, continues to shift directions and undergo revisions. The war against terrorism can all be traced back in various periods of history and likewise surrounded with few zones of prolonged violence and instability. And on that fateful day of September 11, 2001, the world was shocked and in grief as thousands of innocent lives was claimed in the attacks made in the World Trade Center in New York, the Capitol, and Pentagon. It brought about the commencement of terrorism and terrorist activities to another level. The 9/11 terror attacks were perceived as attacks on freedom, liberty and justice--- the very ideals of American Government and society. Also, the 9/11 attacks raise to the consciousness of many people in the US and all over the world, that there could be such hatred harbored towards a particular country--- of networks of religious fundamentalists in foreign countries towards the US.4 The events of 9/11 lead to the launching of war against terrorism against Afghanistan and Iraq. Similarly, the US Congress passed legislations to fund these efforts as well as other acts which evaluate and modified the nation’s policy against terrorism. It likewise signaled the major changes in the US Domestic and International Policies. The Driver’s License and its Importance The Driver’s license serves as a means of convenience to the greater number of the population. For driving vehicles makes it possible to travel all over the place of your residence and work or school places respectively. Driving can be said as a way of life in the United States so as to reach one’s destination in the soonest possible time, since time is important to the people especially the work force. But above these, the Driver’s license serves as an important means of identification among the residents and citizens of the United States. Since there is no national identity card in the United States, the Driver’s license is often used as its de facto equivalent for completion of common business and governmental transactions. In line with this, and in response with the insistent clamor to prevent another 9/11 attack, the US Congress has enacted the Real ID Act of 2005 which will be discussed in a separate topic of this essay in relation to the Driver’s license. The requirements for the issuance of a driver’s license vary from state to state. It should be noted that it is the States who issue the driver’s license and other voluntary identification cards for non-drivers. Similarly, it is the States which determines the requirements and the documents needed to obtain a Driver’s license. Also, it is incumbent upon the states to maintain a data base for it. It can be said that some states are lenient in the issuance of driver’s license, some to the extent of even granting a Driver’s license to illegal immigrants, like the states of Hawaii, Illinois, Michigan, Montana, New Mexico, North Carolina, Oregon, Utah, Washington and Wisconsin. 5 The ten aforementioned states do not require applicants to show they are lawfully present in the United States, which has an effect of giving way of Driver’s license to illegal immigrants. Driver’s license in the different states likewise has its own distinctive security measures upon it, since Driver’s license are often times been the target of theft to be used for illegal purposes. As such, states like California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Oklahoma, Nebraska, New Jersey, Oklahoma, Nebraska, New Jersey, South Carolina, Texas, West Virginia and Washington 6 have added additional security measure in the form of biometrics or body measurement technology to prove the identity of those renewing or replacing their driver’s license. Massachusetts on the other hand, has a Kinegram, the one with changing image7, as one of its security features in its Driver’s license. And Virginia in recent times formed a legislative panel to consider on whether or not to embed computer chips in driver’s license which will bear information like height, weight, age and Social Security number. 8 This is similar to the computer Chips in all US passport issued in 2005. The Real ID Act of 2005 The 9/11 attacks, raise to consciousness the need to further enhance the security features of the Driver’s License as well as a more rigid standard in obtaining one. This can be attributed to the fact that four of the 9/11 hijackers get hold of valid licenses from Florida, New Jersey and Virginia 9 as well as to the increasing number of identity theft and fraud committed by underage individuals and illegal immigrants. And among the security policy enacted by the US Congress is the Real ID Act of 2005 so as to address these issues. The Real ID Act of 2005 has its own impact to the Latino Community, especially; many illegal immigrants can be traced to it. The Real ID Act of 2005 was signed into public law on May 11, 2005. And recently, it has been postponed for two years which means that the provisions of the bill will be delayed from going into effect until the last months of 2009. 10 The Real ID Act of 2005 provides for the minimum nationwide standards for state driver’s licenses and ID cards, replacing the practice that it is incumbent upon the state to determine the requirements for the issuance of driver’s license. Among the data prescribed in the Real ID Act are the person’s full name, date of birth, sex, driver’s license or identification card number, a photograph of person’s face, address of principal residence. Added to these are physical security features designed to prevent counterfeiting and a common machine-readable technology. 11 Among the documentation requirements are: photo ID or a non-photo ID including full legal name and birth date, documentation of birth date, documentation of legal status and Social security number, and documentation showing name and principal residence address. 12 Aside from these requirements, the law mandates that each state must agree to share its motor vehicle data base with all other states. Related to this, is the amendment which allows waivers of any and all laws “necessary to ensure expeditious construction of the barriers and roads13” among others. Arguments for and against the Real ID Act in relation with the Issuance of Driver’s License Those arguing in favor of the Real ID Act argue that the new federal law allows state driver's certificates for undocumented workers, and as such, it will be an added safety net for those traveling within and outside the country. Similarly, it has been argued that although the new standards may add time spent in applying for or renewing licenses, it is but a small price to pay for the increased security that comes with stronger identity verification procedures. Furthermore, it will be a safety net against for those temporary workers and other foreigners with pending legal immigration claims, for they would only be eligible for temporary driver’s licenses or ID similar to driver’s certificate. As such, it will deter illegal immigrants from obtaining ID and being perpetrator of frauds. It will compel them to process their papers in the legal way so as to legally enjoy the privileges of a documented immigrant. Granting driver's licenses to illegal aliens have sweeping cultural, economic and security consequence, and said by Mike Spence, President of California Republican Assembly “By granting licenses to people who break the law, we are rewarding that behavior .14” And being governed by the Rule of Law, those who committed any infraction should be held liable. On the other hand, those arguing against the Real ID Act basically premised their argument on: that it basically violates the provision against privacy, a right enshrined in the Constitution. For the law infringe on the person of the applicant and it can be used against individuals without affording them the due process of law, since it expanded to search powers. Similarly, it raises concern to many ethnic minorities. Francisco Estrada, director of Public Policy of the Mexican-American Legal Defense and Education fund argued that characterized security concerns as a "red herring," saying the real driving opposition forces are xenophobia and economic protectionism. 15 Consequently, the measure will lead to deportation of many illegal immigrants not just those of Latino decent for the reason that background would be easier for customs officials to track illegal immigrants without being afforded their right to due process among others. Conclusion In the midst of preservation for peace and the combating of terrorism, it is a moral responsibility as well as a legal responsibility to every civilized society to overcome the violence terrorism could afflict. Consciousness with regards the threats of terrorism as well as the conflict that goes along with it are all intended to diminish fear and suspicions. The enactment of safety nets like anti terrorism laws like the Real ID Act of 2005 in relation to the issuance of a Driver’s license are but valid response to the calls of the time. However, the law, being the law and other measures and policies should be geared towards equality and fairness that in no case can be considered “racialized.” It can be said that the laws should preserve the ideals of liberty, equality and security, and as such, it should be balanced with the calls of time to preserve the very existence of the State. It is inevitable in the current war against terrorism, discrimination will in one point or another will arise. The discrimination will extend to not only to Latinos, but also to Asians, Arabs and Muslims among others. It is about time to re-assess the existence of the time immemorial discrimination whether to Native Americans or Latinos or other immigrants. For if discrimination will continue ranging from law to other transactions, the very fundamental rights of the people is violated. Works Cited Bardes, Barbara, Shelley, Mack and Schmidt, Steffan. American Government and Politics Today. California: Wadsworth, 2004 Hunter, Kathleen. Congress Sets New Driver’s License Rules. May 11, 2005.Stateline.org. March 7, 2007. Hunter, Kathleen. Driver’s licenses now a tool for homeland security December 20, 2004. Stateline.org. March 7, 2007. < http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=15878> Hunter, Kathleen. Driver’s Licenses to face new Federal Standards. December 9, 2004. Stateline.org. March 7, 2007 Hunter, Kathleen. States Slow to give Driver’s License to Illegal Aliens. July 1, 2004. Stateline.org. March 7, 2007 Ibarra, Beatriz and Rodriguez, Eric. Closing the Wealth Gap: Eliminating Structural barriers to building assets in the Latino Community. January 1, 2005. Harvard Journal of Hispanic Policy.< http://www.accessmylibrary.com/coms2/summary_0286-15305560_ITM> Macionis, John J. Society: The Basics Fifth Edition. New Jersey: Prentice Hall, 2000. Ramos, Henry. Building a whole community: looking back, looking forward. January 1, 2005. March 11, 2007. Harvard Journal of Hispanic Policy. Schelzig, Erik. US Homeland Security chief calls for new driver's license requirements to strengthen security. August 17, 2006. March 11, 2007. < http://www.accessmylibrary.com/coms2/summary_0286-17316726_ITM> The Real ID Act. March 8, 2007.< http://en.wikepedia.org/wiki/Real_ID_Act. > Read More