Dec 6, 2022 - Politics

Another hurdle in Massachusetts' new driver's license law

Illustration of car collaged with legal docs

Illustration: Rebecca Zisser/Axios

The Registry of Motor Vehicles' proposed regulations for the driver's license law introduce new hurdles for undocumented immigrants and others to obtain state-issued licenses, lawmakers and immigration advocates say.

Driving the news: State Rep. Tricia Farley-Bouvier (D-Pittsfield) and state Sen. Brendan Crighton (D-Lynn) expressed concerns at a hearing Friday about draft regulations for the new law, which takes effect in July.

  • They noted the law requires applicants to submit two documents to prove their identity, not "at least two," like the draft regulations say. That leaves the discretion entirely up to individual RMV workers.
  • The lawmakers also questioned a provision that requires applicants prove they weren't approved for a Social Security number.

Why it matters: It's the latest challenge in the push to expand access to driver's licenses for hundreds of thousands of Massachusetts immigrants without legal status.

  • The expansion became law despite Gov. Charlie Baker's veto and survived a repeal effort.
  • The draft regulations, if approved, would differ greatly from the regulations in the other 16 states that allow undocumented immigrants to obtain driver's licenses.

Of note: These licenses are standard, not the REAL ID licenses that states must start issuing by 2025 to eligible residents.

  • Those licenses can be used to travel domestically after 2025 and enter military bases.

The big picture: Immigration advocates say the draft regulations could expose undocumented immigrants to federal authorities by recording proof of their lack of status, eroding what little trust exists between the RMV and immigrant communities.

What they're saying: “The goal was to create a process and way for people ... all residents of Massachusetts to be able to access or at least apply for a standard driver's license regardless of their immigration status, and the regulations are undercutting that very goal,” Sen. Lydia Edwards (D-Boston) said at the hearing.

Details: Julia Schlozman, an attorney and member of the Driving Families Forward Coalition, says the Social Security number requirement should not be limited to undocumented immigrants, or else it could be used against them if immigration authorities obtained driver records like they have in other states with similar laws.

  • Among other things, Schlozman recommended the RMV require that employees redact personal information, set timelines to destroy copies of applicants' documents and add language barring documents from being shared outside of the agency.

What's next: The RMV declined to comment on the concerns raised by legislators and immigration advocates.

  • A spokesperson said the RMV is reviewing the public comments and feedback the agency received through 8pm Friday.
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