WASHINGTON — In the District of Columbia, having legal migratory status is no longer a requirement for getting a driver’s license. Mayor Vincent Gray signed the Drivers Safety Amendment Act of 2013 at a news conference Monday, allowing the city to issue licenses to any resident — regardless of migratory status.The law will take effect May 1, 2014, unless there is federal intervention, which is considered unlikely. Washington, as a federal entity, is subject to oversight by the United States Congress, which has on occasion blocked legislative initiatives.“There was consultation with the Department of Homeland Security, but we think we are well within the limits of federal law,” said Gray.An expected 15,000 undocumented residents will be eligible for licenses, and that number is expected to grow according to lawmakers and policy experts.The new law will create a two-tiered system for obtaining licenses consistent with federal law. Initially the D.C. council’s Transportation Committee voted to issue licenses identical to the ones given to U.S. citizens and legal immigrants, because council didn’t want immigrant licenses to unintentionally reveal an illegal status.
However, issuing identical licenses conflicts with federal law, according to the REAL ID Act of 2005. It requires states to gather evidence of residents’ legal status, prior to issuing any licenses.
The council conceded and agreed to make a notation on the licenses of residents living in the district illegally. Immigrants will not be able to use their licenses for voter identification, to prove legal status or to board flights.
“If it were left up to me, I wouldn’t have put the language on there,” said Gray. “But it was violation of federal law.”
The district joins 10 other states, including Maryland, Illinois and California, that allow immigrants living in the United States illegally to obtain driver’s licenses. Washington’s law is nearly identical to neighboring Maryland’s.
Immigrant advocacy groups say this law is a step in the right direction for immigrant rights. With legal licenses, many undocumented workers will have an easier time working and taking their children to school.
Others argue it is simply a matter of safety. At the news conference, Councilwoman Mary Cheh said undocumented residents are driving regardless of their status and will continue to drive for their livelihood and the sake of their families.
“Without having the legal means to drive, they drive anyway,” said Cheh. “They put themselves at risk and they put other members of the public at risk.”
Under the new law, Cheh argued, residents will be able to obtain a license, register a vehicle and buy insurance to protect themselves, their families and other drivers.
The Mayor said he doesn’t expect opposition in the coming months before the law takes effect. But he did warn that Congress could intervene.
“They are inappropriately involved in the laws of the District of Columbia as they are in no other local state or county laws,” he said. “Unfortunately they would have the opportunity to be involved with this if they choose to.”
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