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Bills target immigrants' run on Utah licenses
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The idea of blocking undocumented immigrants' access to Utah driver licenses already was in vogue in the 2005 Legislature.

Four bills in the House of Representatives propose limiting or outright yanking immigrants' ability to get such state-sanctioned identification.

But after an informal audit released Wednesday found the state has issued more than 58,000 driver licenses and 37,000 personal identification cards to illegal immigrants, some of whom may be wanted criminals in other countries, Republican senators added their own legislation to the pile.

Provo Republican Sen. Curt Bramble's Senate Bill 227 would grant "driving privilege cards" to drivers who do not use Social Security numbers. Those cards could not be used for identification.

"I don't believe any Utah citizen is interested in criminals using the Utah driver license as a venue to legitimacy," Bramble said.

Lawmakers worry illegal immigrants from Utah and surrounding states have been using the state's driver licenses to register to vote and to travel on airplanes.

Since 1999, Utah law has allowed residents who do not have Social Security numbers to use Individual Tax Identification Numbers (ITIN) issued by the Internal Revenue Service on driver license and identification applications.

Legislative auditors discovered several irregularities with the addresses undocumented immigrants are listing on their driver license and state identification card applications. For example, they found four apartments clustered in West Valley City listed as the addresses for 157 driver licenses. One Salt Lake City apartment was listed on 65 licenses.

An agent with the U.S. Immigration and Naturalization Service (INS) confirmed some of the addresses are under investigation. One INS theory is that the addresses are used by "contractors" who charge immigrants a fee in exchange for helping them get Utah driver licenses, Auditor General John Schaff said in a letter to Senate President John Valentine.

State auditors gave the U.S. Immigration and Customs Enforcement agency the names of 62 drivers listed for one apartment and found that 35 are "deportable, non-immigrant visitors," many from Brazil.

Of the tens of thousands of illegal immigrants who have Utah driver licenses, 383 also registered to vote and 14 actually voted. After INS agents reviewed 135 voters' names, they reported five were naturalized citizens who could vote, 20 were eligible for deportation and one was a legal permanent resident. The other 109 did not have any records, were "likely to be illegal aliens" and not eligible to vote.

"Because a Utah driver license is easier to obtain than those from many other states, Utah has become a portal through which undocumented aliens can obtain a widely accepted form of identification," Schaff wrote.

Although he worries about racial profiling, Joe Reyna, president of Mexicans in the Exterior, takes heart that lawmakers seem willing to continue to let undocumented immigrants get licenses to drive.

"This bill shows they don't want to repeal the driver license [law] but make it tighter," Reyna said. "That's a sign they're willing to work with us. We need to find middle ground."

And the Utah Hispanic Legislative Task Force issued a statement in response to the audit, acknowledging problems with the system.

The task force "is saddened that the actions of a small number of misguided individuals have blighted the contributions made by the many, often invisible, undocumented workers who contribute each day to keeping Utah's economy running," task force members said. "Those who have violated elections or residency laws, regardless of nationality, must be brought to justice."

But Tyler Moran, who tracks driver license policy for the National Immigration Law Center, plans to help Utah residents oppose the legislation. She says a Tennessee's law has created a "bureaucratic nightmare" and clogged courts with immigrants' minor traffic infractions.

"They're going to turn DMV clerks into mini-INS agents," Moran said.

Nevertheless, Valentine said lawmakers plan to follow up with two full-fledged audits: one of the Utah Driver License Division and another of voter registration rolls. And legislators intend to reform the state's "lenient" driver license application law.

Clearfield GOP Rep. Curtis Oda's legislation, House Bill 223, would require the division to document applicants' addresses and applicants to prove U.S. citizenship. Those who are not citizens would have to prove they are not in the country illegally. That bill is scheduled for debate in the House Law Enforcement Committee.

Rep. Glenn Donnelson's legislation goes further. House Bill 330 would repeal the state law that allows drivers to use ITINs for driver licenses. Those that have been issued could not be renewed. Donnelson's bill has not been released from the House Rules Committee. When it is, Donnelson, R-North Ogden, said he will hold it in a House committee until Bramble's bill is adopted.

"I'm still going to run my bill. But I'll let [Bramble's] take precedence," the North Ogden Republican said. "It does everything my bill does and it gives illegal immigrants the ability to get to work."

Springville Republican Rep. Aaron Tilton today plans to unveil two more bills governing illegal immigrants and driver licenses. House Bill 130 would establish a database for tracking such drivers. House Bill 316 would require participation in the database to get a license.

Audit: 95,000 undocumented immigrants have state-sanctioned IDs, and lawmakers are concerned

By Rebecca Walsh and Rhina Guidos The Salt Lake Tribune

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