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

The Latino Community and the Issuance of a Driver’s License While the United s may be one of the freer countries in the world, it still has its rules, laws, and limitations to those individuals who are not legal residents. One of these limitations concerns those who wish to obtain a driver’s license. The Latino community is hit hard with this law, as many are immigrating to the United States each year, looking for the freedom and opportunity that the United States citizens are blessed with. 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 United States has had an enormous experience in terms of immigration of people from different places, races, cultures, and creeds. These immigrants, together with the U.S. born citizens, worked side by side with each other; reflected by their works, a major part of what they are is what the United States is all about today. However, it cannot be denied that, even long ago, there were issues surrounding the immigration policies as the United States struggled to settle the differences among themselves. Now is not different from the past; the United States, despite the resources and the good life of its people, face countless issues regarding race, ethnicity, and varied culture of its inhabitants. Many of these issues deal with the rights, laws, and equalities of the immigrants. Many of these immigrants are face with the challenge of a language barrier, and a number of youth drop out of school before earning their high school diploma, which consequently limits their economic and social gains among others. Likewise, there is a distrust of financial institutions, as well as a lack in basic health insurance, and growing anti-immigrant sentiment that are being added to these challenges. Despite the number of Latinos in the population, it has yet to find its niche in the implementation and formulation of policies in the country that will address their concerns fully as a part of the country’s productive workforce and agents for social change and economic empowerment. It can be simply put that some immigrants find it difficult to fit in to their new environment of a different country. The events of 9/11 led to the launching of the war against terrorism against Afghanistan and Iraq. During this time, the U.S. Congress passed legislations to fund these efforts, as well as other acts that evaluate and modify the nation’s policy against terrorism. It also signaled the major changes in the U.S. Domestic and International Policies. These acts, efforts, and changes were brought to light in hopes to make the United States a safer place, as well as making immigration safer, by means of keeping it legal by giving immigrants the different and appropriate options and applications. The possibilities are available – it is just that some immigrants would rather take the easier, illegal way around things. The driver’s license serves as a means of convenience to the greater number of the population. Driving vehicles makes it possible to travel all over the place of one’s residence, as well as getting to work or to school, respectively. Driving can be, as said, 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 to those in the work force. But above those, the driver’s license serves as an important means of identification among the residents and citizens of the United States. Without that license, the different opportunities, such as jobs or obtaining a house or vehicle, do not exist to those that do not have a driver’s license. 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 U.S. Congress has enacted the Real ID Act of 2005. The requirements for the issuance of a driver’s license vary from state to state. It should be noted that it is the United States who issue the driver’s license, as well as other voluntary identification cards for non-drivers. Similarly, it is the United States that determines the requirements and the documents needed to obtain a driver’s license. It is also incumbent upon the separate states to maintain a database for it. It can be said that some states are lenient in the issuance of driver’s licenses – 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 Wisconsin1. The ten aforementioned states do not require applicants to show that they are lawfully present in the United States, which has an effect of giving way of driver’s licenses to illegal immigrants. This also increases the amount of illegal immigrants that the United States sees each year. Driver’s licenses in the different states have their own distinctive security measures upon it, since driver’s licenses are oftentimes the target of theft to be used for illegal purposes. As such, states like California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Oklahoma, Nebraska, New Jersey, South Carolina, Texas, West Virginia, and Washington2 had added additional security measures in the forms of biometrics or body measurement technology to prove the identity of those renewing or replacing their driver’s licenses. It throws into great confusion what is allowed and what it not allowed in the concerns of obtaining a driver’s license. Since each state has their own laws, regulations, and requirements for receiving drivers’s license, what is true and right for one state, are not for another. Any illegal immigrant can apply and receive a driver’s license – they just have to decide on which state will accept them. One state may see them as being legal, while another state will still see them as not being allowed to be in the United States, getting an identification card and the privilege to drive. The whole of the United States needs to come together and settle on one policy to go by when issuing driver’s licenses to immigrants. The conclusion of those policies should be that the immigrant is legal, or is in the process of becoming legal – such as that their papers are still being processed. Making an effort to become legal is better than not trying at all. The 9/11 attacks raised 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 had gotten a hold of valid licenses from Florida, New Jersey, and Virginia3. This may also decrease the number of cases concerning identity theft and fraud committed by underage individuals and illegal immigrants. Among the many security policies enacted by the US Congress is the Real ID Act of 2005, so as to address those issues. The Real ID Act of 2005 has its own impact on the Latino community, especially; many illegal immigrants can be traced back to it. The Real ID Act of 2005 was signed into public law on May 11, 2005. Recently, though, it has been postponed for two years; this means that the provisions of the bill will be delayed from going into effect until the later months of the year 20094. Postponing the Act is only giving more time to the illegal immigrants – more time to apply and receive the driver’s license that, in a few more years, would be difficult and nearly impossible to obtain. 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 licenses. Among the date 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 the person’s face, and the address of the principle residence. Added to these are physical security features designed to prevent counterfeiting and a common machine-readable technology5. Those arguing in favor of the Real ID Act argue that the new federal laws allow state driver’s certificates for undocumented workers, and as such, it will be an added safety measure for those who are traveling within and outside of 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 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 certificates. As such, it will deter illegal immigrants from obtaining ID and being perpetrators 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 consequences, and, as said by Mike Spence, President of California Republican Assembly, “By granting licenses to people who break the law, we are rewarding that behavior.6” Being governed by the Rule of Law, those who committed any infraction should be held liable. The options for becoming a legal citizen of the United States and for obtaining a driver’s license are there; in fact, there are many different ways and procedures. Time is a factor, between filling out applications and waiting for them to be processed, but it will be worth it in the end when the immigrant gets granted the license and the freedom that they wanted. The easiest, quickest way is not always the best, especially if that way is reached by illegal means. It would be more fulfilling to do the process properly, instead of doing it wrongfully. On the other hand, those arguing against the Real ID Act are basically premising their argument that the Act practically violates the provision against privacy, a right that is enshrined in the Constitution. For if the law infringes on the person of the application, it is used against individuals without affording them the due process of law, since it expanded to search powers. While privacy is a right that was given in the Constitution, it is still a right of citizens, the government, and employers to know whom it is that they are involving themselves with. It has nothing to do with the invasion of privacy, but of safety and concern for themselves and others. It also raises concern to many ethnic minorities. Francisco Estrada, director of Public Policy of the Mexican-American Legal Defense and Education Fund, argues that the characterized security concerns are a “red herring,” saying that the real driving opposition forces are xenophobia and economic protectionism7. There are millions of undocumented drivers driving throughout the United States. These motorists are not only driving illegally and without a license, but are also driving without automobile insurance. This increases the dangers on already dangerous and deadly roads. The drivers lacking licenses and insurance are most likely unaware of the state traffic laws, seeing as they did not get the proper road education and knowledge needed to get a license, so that increases the risk of driving even more. Public road safety is not as safe anymore if undocumented drivers are allowed to drive. In driving without a license, many laws are broken: driving without a license, driving without insurance, and driving with a massive lack of knowledge in concern of road and traffic safety. The majority of illegal immigrants are Latinos and Mexicans. Many come to the United States ready to begin working for their citizenship, going through the processes and procedures, and doing something about what it is that they want. Unfortunately, many come to the United States and expect things to be handed to them, no questions asked. Even more unfortunate is that those in power give them what it is that they want. If immigrants do not take the time to apply for citizenship, and then for driver’s licenses and identification cards, then it is something that they do not deserve receiving until they do what is required of them. Nothing is ever handed out at the price of free. Those against the issuing of driver’s licenses say that the government is approving of the immigrants being illegal if they give them driver’s licenses. By giving driver’s licenses to illegal immigrants, the government is giving an open invitation for other illegal immigrants to go to the United States and get their licenses. It is also being said that “national security is at risk if undocumented immigrants are allowed such licenses.8” By not issuing driver’s licenses to illegal immigrants, the United States is making themselves safer. Another thing not at stake when not issuing licenses to illegal immigrants is the fairness of those that are already citizens of the United States. Even as citizens, they still had to work and to study to be eligible for a driver’s license. They did the proper preparations and met the requirements, and got what it was that they worked hard for and deserved. For an illegal immigrant to come over and expect themselves to be handed a license is not fair to those that had to work for theirs. Illegal immigrants, especially those that are driving without a driver’s license, are breaking many laws, yet they act as though they were doing nothing wrong. First and foremost, they are in the country illegally. Then they are driving without a license and without insurance, putting others at risk and in danger. People who refuse to follow the laws and rules of a country or a state, or those who find the loopholes to allow them to not follow the laws and rules, should not be rewarded for it. Then, officials are not looking down on what they are doing that they should no be doing, but almost thanking them for it. There are quite a few laws that go against illegal immigration and undocumented drivers, but they seem to be ignored when a case actually comes up. Officials need to start acting on those rules and laws that are clearly set down for a reason. By not issuing illegal immigrants driver’s licenses, the United States can become an even more of a safer place, in all aspects of transportation and living. All citizens of a country should be treated fairly; once an illegal immigrant becomes legal, they can be treated and given the same rights and freedoms as the rest of the citizens. 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 Macionis, John J. Society: The Basics Fifth Edition. New Jersey: Prentice Hall, 2000. The Real ID Act. March 8, 2007.< http://en.wikepedia.org/wiki/Real_ID_Act. > Willoughby, Brian. Tolerance in the news. Jan. 3, 2005. April 24, 2007. http://www.tolerance.org/news/article_tol.jsp?id=1130 Read More

In line with this, and in response with the insistent clamor to prevent another 9/11 attack, the U.S. Congress has enacted the Real ID Act of 2005. The requirements for the issuance of a driver’s license vary from state to state. It should be noted that it is the United States who issue the driver’s license, as well as other voluntary identification cards for non-drivers. Similarly, it is the United States that determines the requirements and the documents needed to obtain a driver’s license.

It is also incumbent upon the separate states to maintain a database for it. It can be said that some states are lenient in the issuance of driver’s licenses – 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 Wisconsin1. The ten aforementioned states do not require applicants to show that they are lawfully present in the United States, which has an effect of giving way of driver’s licenses to illegal immigrants.

This also increases the amount of illegal immigrants that the United States sees each year. Driver’s licenses in the different states have their own distinctive security measures upon it, since driver’s licenses are oftentimes the target of theft to be used for illegal purposes. As such, states like California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Oklahoma, Nebraska, New Jersey, South Carolina, Texas, West Virginia, and Washington2 had added additional security measures in the forms of biometrics or body measurement technology to prove the identity of those renewing or replacing their driver’s licenses.

It throws into great confusion what is allowed and what it not allowed in the concerns of obtaining a driver’s license. Since each state has their own laws, regulations, and requirements for receiving drivers’s license, what is true and right for one state, are not for another. Any illegal immigrant can apply and receive a driver’s license – they just have to decide on which state will accept them. One state may see them as being legal, while another state will still see them as not being allowed to be in the United States, getting an identification card and the privilege to drive.

The whole of the United States needs to come together and settle on one policy to go by when issuing driver’s licenses to immigrants. The conclusion of those policies should be that the immigrant is legal, or is in the process of becoming legal – such as that their papers are still being processed. Making an effort to become legal is better than not trying at all. The 9/11 attacks raised 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 had gotten a hold of valid licenses from Florida, New Jersey, and Virginia3. This may also decrease the number of cases concerning identity theft and fraud committed by underage individuals and illegal immigrants. Among the many security policies enacted by the US Congress is the Real ID Act of 2005, so as to address those issues. The Real ID Act of 2005 has its own impact on the Latino community, especially; many illegal immigrants can be traced back to it.

The Real ID Act of 2005 was signed into public law on May 11, 2005. Recently, though, it has been postponed for two years; this means that the provisions of the bill will be delayed from going into effect until the later months of the year 20094. Postponing the Act is only giving more time to the illegal immigrants – more time to apply and receive the driver’s license that, in a few more years, would be difficult and nearly impossible to obtain. 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 licenses.

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