What
the new driver’s license law means (SB 957)
On
January 8, 2013, the Illinois House passed SB 957, which enables undocumented
immigrants in Illinois to get temporary visitor driver’s licenses (TVDLs).
The bill now goes to Governor Quinn, who has supported the bill and said
he will sign it. When that happens, Illinois will become the fourth state
(and first new state since 2003) to authorize undocumented immigrants to drive
legally.
What
is a Temporary Visitor Driver’s Licenses (TVDL)?
The
TVDL is an existing document that is now available to many foreign-born
individuals living in Illinois. Since 2005, Illinois has issued TVDLs to
individuals who do not have SSNs but who have lawful immigration status.
Such individuals include foreign students, spouses and children of
temporary workers, long-term visitors, and others who are not authorized to
work under our immigration laws. Many of these individuals still need to
drive on a regular basis to get to classes, shop, take their children to
school, or attend to other family and personal business. SB 957 makes
TVDLs available to undocumented motorists who also need to drive for these
purposes.
TVDLs
are visually distinct from regular licenses: TVDLs current use a purple
color scheme, as opposed to the red scheme used for regular licenses.
TVDLs are also clearly marked as “not valid for identification.”
Driver’s
License Temporary Visitor Driver’s License (TVDL)
Why
TVDLs instead of regular licenses?
The
federal REAL ID Act requires that states can issue regular driver’s licenses
only to those individuals with lawful immigration status. Because they
are visually distinct from regular licenses and are marked as not valid for
identification, TVDLs already comply with REAL ID while still enabling
undocumented immigrants to drive legally.
What
requirements will applicants need to meet to get a TVDL?
To
qualify for a TVDL, an undocumented immigrant must
•
Prove that she has lived in Illinois for at least one year;
•
Provide a valid unexpired passport or consular ID;
•
Provide other proof of her identity and residency that the Secretary of State
might require;
•
Provide documentation that she is not eligible for a Social Security Number;
•
Pass all applicable vision, written, and road tests;
•
Show proof of insurance for the vehicle she uses for the road test;
•
Pay a $30 fee.
When
will TVDLs become available?
This
new law will take effect ten months after Governor Quinn signs it—that is,
sometime in fall 2013.
Where
will applicants be able to apply?
The
Secretary of State intends to make TVDL applications available at most of its
facilities. (Currently TVDLs are available at only certain facilities.)
Will
applicants get a TVDL the same day as they apply?
No.
The Secretary of State will need to review and verify the documents that
get submitted with the application. SoS will then issue the TVDL from a
central facility and send it to the applicant by mail.
Will
the Secretary of State have enough resources to implement this law?
The
Secretary of State estimates that its first-year costs to implement TVDLs would
be approximately $800,000. SoS will therefore have enough money to pay
for TVDLs if as few as 30,000 individuals apply (out of potentially 250,000),
each paying $30 each.
Is
the TVDL valid as proof of identity?
No—and
as a result, the TVDL cannot be used for voting, getting a firearms
identification card, boarding an airplane, or entering a federal building.
However, hospitals, first responders, and others could still use the TVDL
as a document to indicate the person’s name and address. TVDL holders
could still provide passports and consular identification cards as proof of
identity.
Could
the TVDL be used as a bond card?
Yes.
Drivers with TVDLs can produce the card as bond during a traffic stop,
just as drivers with regular licenses can. They would get ticketed rather
than being arrested (because they cannot produce bond) and ending up in the
criminal justice and immigration enforcement pipeline. Police time and jail
space will no longer be taken up with so many motorists who are arrested
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