As followers of the McKinney & Justice blogs know, we have consistently supported pro-business and common sense immigration policies. In his recent post, found here, Chris Justice argued convincingly that North Carolina’s recent E-Verify measure is needlessly anti-immigrant, and harms small businesses in the process. Anne Marie Dooley made many of the same points in her editorial published in the News and Record. In this post, I would like to shed light on another anti-business immigration policy that intersects with criminal law, my area of practice.
In 2006, the NC General Assembly modifications to NCGS 20-7 making it impossible for residents of the state without a social security number to obtain a driver’s license. These changes were made in response to the passage of a federal bill, but our state could enact simple measures that would help the business climate without running afoul of the REAL ID Act.
Before the 2006 modifications, residents in NC obtained Driver’s Licenses with social security numbers or federal tax identification numbers. As a result, undocumented workers were able to get a license and drive legally on our roads and highways. Now this is impossible. Recently arrived immigrants cannot currently obtain North Carolina ID. As other IDs expire, more and more undocumented workers fall out of the DMV system. By essentially banning undocumented immigrants from NC roadways, the law is inhumane and bad for business.
Undocumented immigrants should not be banned from our roads. The basic fact is that many of them are going to drive anyway. They have to work, run errands, attend school, transport their children, and everything else the vast majority of people do on a daily basis. This is good for the North Carolina economy (see here and here). It means more consumers, more labor, more taxes, and more competition, all of which are good for business. It helps even more when immigrants are encouraged to enter the system, to buy in.
The criminal implications are disturbing. Driving without a license is a Class 2 misdemeanor. Driving While License Revoked, a Class 1. Such drivers have no incentive to buy insurance or obtain proper registration. In my criminal practice, it is rare that someone without a license has proper tags and insurance. The roads become less safe and less regulated. The consequences are unduly punitive, as honest, hard-working immigrants are arrested for minor offenses and then face deportation.
So what is to be done? How can NC get around the federal requirements? To begin with, the implementation of the federal law has been delayed all the way until January 15, 2013. Currently, three states allow immigrants to drive legally without showing a social security number — New Mexico, Washington, and Utah. Of the three, Utah’s approach could be most instructive. Utah has a tiered system, so that one kind of ID is issued to those with social security number, and another is issued to those who meet residency requirements. This allows Utah to comply with federal law while also providing IDs to immigrants. This brings drivers back into the DMV and the insurance system, consequently aiding business and the economy.
People argue that undocumented immigrants should be excluded from the privilege of driving. This is shortsighted, and we risk cutting off our nose to spite our face with such policies. Let’s base our policies on sound economic principles and humane treatment of immigrant workers and families.