{"id":118150,"date":"2021-07-13T16:31:40","date_gmt":"2021-07-13T16:31:40","guid":{"rendered":"https:\/\/fin2me.com\/?p=118150"},"modified":"2021-07-13T16:31:40","modified_gmt":"2021-07-13T16:31:40","slug":"undocumented-immigrants-can-get-licenses-ice-can-get-their-data","status":"publish","type":"post","link":"https:\/\/fin2me.com\/politics\/undocumented-immigrants-can-get-licenses-ice-can-get-their-data\/","title":{"rendered":"Undocumented Immigrants Can Get Licenses. ICE Can Get Their Data."},"content":{"rendered":"

This story is co-published with the <\/em>Center for Public Integrity<\/em>, a nonprofit investigative news organization in Washington, D.C.<\/em><\/p>\n

As Mayra Raymundo drives to work each evening, she obsessively checks her rearview mirror. She\u2019s terrified a cop will pull her over and find out she doesn\u2019t have a driver\u2019s license or car insurance. She would have to admit she is undocumented, risking deportation to Guatemala.<\/span><\/p>\n

Raymundo, 31, works nights cleaning a private school outside Providence, Rhode Island. She earns $11.50 an hour. Without a car, Raymundo said she can\u2019t earn a living to support her two young daughters.<\/span><\/p>\n

\u201cBasically, if you have a car, you can find work. If not, then no,\u201d said Raymundo, adding that she could land a job that pays $15 an hour if she had a driver\u2019s license. \u201cWithout a license, I live in constant fear.\u201d<\/span><\/p>\n

Raymundo and two of her co-workers, also undocumented, said they prayed for state lawmakers to approve a bill that would allow them to obtain licenses. Rhode Island legislators have tried to pass this bill for more than 10 years.<\/span><\/p>\n

Sixteen states, plus Puerto Rico and Washington, D.C., allow undocumented immigrants to receive driver\u2019s licenses or similar IDs known as<\/span> driving privilege cards<\/span>, eliminating the chance of arrest for driving without a license, a common fast-track to deportation. More places are considering this approach, as research shows earlier adopters reduced the likelihood of<\/span> hit-and-run accidents<\/span>, lowered<\/span> insurance costs<\/span> for drivers, increased the number of<\/span> insured motorists<\/span> on roads and improved<\/span> poverty rates<\/span>.<\/span><\/p>\n

But immigration authorities are using driver\u2019s license data to find the very people who are supposed to benefit from the new laws.<\/span><\/p>\n

At least seven states have shared personal information from drivers with U.S. Immigration and Customs Enforcement since January 2020, according to a Center for Public Integrity investigation. Sometimes, immigration agents will ask motor vehicle agency staff to run a facial recognition search to match a provided photo. Other times, they seek addresses and driving records for specific people.<\/span><\/p>\n

Agents often say these immigrants are suspects in crimes, but sometimes agents are searching for people they believe committed only a civil immigration infraction, such as overstaying a visa.<\/span><\/p>\n

Some immigrant rights groups now question whether it\u2019s too risky for undocumented immigrants to get licenses.<\/span><\/p>\n

\u201cThere\u2019s still a lot of work to do to ensure information is protected,\u201d said<\/span> Mayra Cedano<\/span>, executive director of Comunidades Unidas, a Utah nonprofit that works closely with undocumented families. \u201cA lot of folks in our communities said, \u2018I won\u2019t risk it. I won\u2019t renew to risk being deported just to drive.\u2019\u201d<\/span><\/p>\n

Some States Verify ICE\u2019s Requests, But Many Do Not<\/strong><\/h3>\n

Public Integrity asked every jurisdiction that allows undocumented individuals to drive how they handle requests from ICE. Their laws or internal policies varied widely, and some refused to explain them.<\/span><\/p>\n

Most don\u2019t require proof that ICE investigations relate to criminal activity rather than civil immigration infractions. When ICE requests cite child exploitation, drug trafficking or other such investigations, these states grant them, taking them at face value.<\/span><\/p>\n

<\/p>\n

Only four states \u2014 New Jersey, New Mexico, Virginia and Washington \u2014 require ICE agents to produce a court order or arrest warrant signed by a judge before handing over someone\u2019s personal data. At least two other states \u2014 California and Hawaii \u2014 passed laws explicitly prohibiting motor vehicle departments from sharing information solely related to immigration enforcement with ICE.<\/span><\/p>\n

Some of the other jurisdictions \u2014 like Washington, D.C. \u2014 did not share privacy policies but said they are committed to protecting drivers\u2019 personal information. And ICE said it does not use license information to target people to deport.<\/span><\/p>\n

But Public Integrity found that ICE has requested information solely for immigration enforcement in some cases over the last year and a half. And advocates say they doubt jurisdictions can be sure the agency won\u2019t use driver\u2019s license data to track down undocumented immigrants who have committed no crimes.<\/span><\/p>\n

\u201cYou have to trust that ICE has internal safeguards in place, that they won\u2019t use the information for immigration,\u201d said Diane Burkley Alejandro, lead advocate for ACLU People Power Fairfax. \u201cBut does it happen? \u2026 Who knows.\u201d<\/span><\/p>\n

In California, for instance, a DMV spokesperson said ICE \u201cmust agree\u201d not to use personal information for immigration enforcement. The DMV counts on ICE to follow these rules and granted all 141 requests from the agency in the last year and a half.<\/span><\/p>\n

In Utah, which has a similar policy, Comunidades Unidas\u2019 Cedano said some undocumented immigrants\u2019 fears about what the government will do with their information has kept them from applying for driving privilege cards. The 31,000 people with driving cards last year, according to data from the Utah Department of Public Safety, represent a drop of about 7,000 in the past decade.<\/span><\/p>\n

Delaware and Vermont, meanwhile, allow their motor vehicle departments to give information to ICE solely for immigration enforcement.<\/span><\/p>\n

And in Oregon and Maryland, ICE can directly access statewide law enforcement databases, including driving records. No request required.<\/p>\n

A spokesperson for the Oregon State Police, which manages the statewide law enforcement database, did not answer repeated questions about whether the state prohibits ICE from accessing data for investigations that do not involve criminal activity. Maryland\u2019s Department of Public Safety and Correctional Services referred that question to ICE\u2019s parent, the Department of Homeland Security. ICE did not respond to a request for comment about that.<\/span><\/p>\n

ICE accessed Maryland\u2019s law enforcement database \u2013 which contains drivers\u2019 personal information \u2013 over 4,800 times in the past year and a half. ICE also conducted 37 facial recognition searches through the state\u2019s Image Repository System. Maryland did not clarify how many of these incidents involved drivers\u2019 license data, again referring the question to Homeland Security.<\/span><\/p>\n

\u201cIt shouldn\u2019t be a risk to get a driver\u2019s license. … It makes me mad that people will have to think about data, that their information can be given to ICE,\u201d said<\/span> Juan Manuel Guzman<\/span>, state advocacy director of the youth-led immigrant rights group United We Dream. He said he got his license in Maryland in 2014 when the state allowed undocumented immigrants to do so.<\/span><\/p>\n

\u201cWhenever you give agencies \u2014 it could be ICE, it could be the CIA \u2014 free rein and unchecked power, they can go through so much data and use it dangerously,\u201d he said. \u201cI think it\u2019s extremely concerning.\u201d<\/span><\/p>\n

ICE Pursues Drivers\u2019 Information<\/strong><\/h3>\n

As more states began permitting undocumented immigrants to drive, federal immigration authorities began contacting state motor vehicle departments to help identify someone in a photo or to see if a person was living under an alias.<\/span><\/p>\n

A 2019<\/span> Washington Post investigation<\/span> found that ICE and the FBI submitted thousands of facial recognition requests to state motor vehicle departments between 2015 and 2019. In Utah alone, dozens of searches were marked as having returned a \u201cpossible match.\u201d It\u2019s unclear how many of those requests involved criminal activity.<\/span><\/p>\n

In May 2020, ICE published a<\/span> report<\/span> claiming it has a policy against agents requesting facial recognition searches unless they involve people suspected of criminal activity. The report says ICE supervisors regularly review these requests.<\/span><\/p>\n

A spokesperson for ICE declined to say whether this is a new policy and, if so, when it went into effect. He said the agency does not make these requests simply to target individuals for deportation.<\/span><\/p>\n

<\/p>\n

\u201cLike other law enforcement agencies, ICE may use DMV data in support of ongoing criminal investigations, or to confirm information regarding individuals who are considered a priority for the agency,\u201d Mike Alvarez, the spokesperson, said in an email.<\/span><\/p>\n

But Public Integrity found that ICE requested information from at least three states\u2019 motor vehicle departments for immigration enforcement \u2014 all after the date of the agency\u2019s 2020 report.<\/span><\/p>\n

ICE requested an individual\u2019s address history, criminal history, traffic violation history and a photograph in September 2020 from the Connecticut Intelligence Center, which stores personal data from the state\u2019s department of motor vehicles. The person was suspected of entering the country illegally, which is a civil infraction. The center denied the request.<\/span><\/p>\n

In December 2020, ICE requested information from Washington state\u2019s licensing department without stating the crime the individual allegedly committed. The department denied the request.<\/span><\/p>\n

Colorado\u2019s DMV received nine ICE requests related only to immigration enforcement in 2020, denying all of them.<\/span><\/p>\n

For a handful of other states, including Maryland and Oregon, there\u2019s no way to know.<\/span><\/p>\n

State Sen. Curt Bramble, a Utah Republican who sponsored the bill to grant driving privilege cards in that state in 2005, said it doesn\u2019t bother him if ICE uses driver\u2019s license data to track down undocumented immigrants. He said the driving cards benefit both undocumented community members, who can legally drive, and law enforcement, who can identify those breaking the law.<\/p>\n

\u201cThere\u2019s a reason why in the federal code that the legal term is \u2018illegal alien,\u2019\u201d Bramble said. \u201cThe individuals have chosen to violate our immigration laws.\u201d<\/p>\n

He said advocates have never contacted him to express concern over this information sharing with ICE.<\/p>\n

Utah\u2019s Department of Public Safety\u2019s public information officer, Lt. Nick Street, first told Public Integrity that ICE agents requested information solely for immigration enforcement at least twice in 2021, and DPS granted their requests. Street said the department believed the requests were related to \u201cU visa inquiries,\u201d in which undocumented immigrants are victims of crimes and help law enforcement investigate the activity.<\/p>\n

Street later said these requests had to do with criminal activities aside from immigration enforcement. They were among almost 230 information requests from ICE that the public safety department granted in the past year and a half.<\/p>\n

Better Lives, More Money<\/strong><\/h3>\n

Allowing undocumented individuals to get driver\u2019s licenses has economic benefits: Licensed drivers are more likely to purchase vehicles and other bigger-ticket items, including homes. More cars are registered and insured. With an increased ability to commute to better jobs, undocumented people can contribute more to the economy.<\/p>\n

Poverty declines at a faster rate in states with these policies, according to a 2016 report from Roger Williams University\u2019s School of Law and Latino Policy Institute.<\/p>\n

Karla Reyes, 34, is a mother of four and a chef at a Little Caesars in Virginia. Her husband, Rosendo Martinez, is a landscaper who recently received his driving privilege card.<\/p>\n

He was paid $180 a day but got a $20 raise after he got his license. Now he makes $200 a day,\u201d Reyes said through an interpreter.<\/span><\/p>\n

Ovidia Castillo works as a housekeeper in Virginia. It takes an hour to get to the first house of the day: She doesn\u2019t have a driving privilege card yet and must rely on her employer to get her there with up to five other women.<\/span><\/p>\n

Castillo, 41, is a single mother to a 16-year-old son. She can\u2019t wait to pass her driving safety course and start her own housekeeping business, gaining control of her schedule and more free time to spend with her son.<\/span><\/p>\n

\u201cMy time does not belong to me,\u201d Castillo said through an interpreter. \u201cIt feels like I don\u2019t have feet.\u201d<\/span><\/p>\n

Once she can drive, Castillo will no longer need $14 taxi rides to and from evening English classes four days a week. She will be able to take her son, who has Asperger\u2019s syndrome, to local educational programs too inconvenient by public transportation, where he can socialize with other children his age.<\/span><\/p>\n

\u201cWhen I have the independence to drive myself and my son where we need to go, it\u2019ll feel like winning the lottery,\u201d she said.<\/span><\/p>\n

Getting licenses in order to learn English is a common theme in undocumented communities.<\/span><\/p>\n

Guzman, the undocumented advocate who got his license in Maryland, said he was able to drive to community college and learn English in the evenings. His family got better job opportunities.<\/span><\/p>\n

\u201cMy family works in construction and cleans houses, and for us to be able to liberate ourselves from sometimes very abusive employers has been wonderful,\u201d Guzman said. \u201cThey know you don\u2019t have any other option, and it\u2019s really awful when you don\u2019t have another option.\u201d<\/span><\/p>\n

In Virginia, undocumented immigrants tried for years to persuade state lawmakers to allow them to drive. The bill finally passed in April 2020, after Democrats gained control of the Legislature, and went into effect in January.<\/span><\/p>\n

The bill was first introduced years ago by a Republican who represents a conservative, rural area in southern Virginia. Marketed as an economic and safety incentive, the bill was proposed to ensure undocumented farmworkers could produce food for the state, said<\/span> Monica Sarmiento<\/span>, executive director of the Virginia Coalition for Immigrant Rights.<\/span><\/p>\n

Advocates celebrated when the law was passed. But they saw it as a first step because it didn\u2019t place restrictions on sharing personal data. At the time, General Assembly leadership wasn\u2019t in favor of such restrictions, said Alejandro, with ACLU People Power Fairfax.<\/span><\/p>\n

\u201cIt was then a strategic choice to listen to community members, who were telling us that they understood the risks and wanted licenses anyway,\u201d Alejandro said. \u201cIt was better to have licenses without complete protection than to not have licenses at all.\u201d<\/span><\/p>\n

Legislators passed a data protection<\/span> bill<\/span> separately in March that went into effect July 1.<\/span><\/p>\n

The legislation in Rhode Island would have included some of the country\u2019s strongest data-sharing restrictions. The law would have prohibited state agencies from handing over information to immigration authorities unless ICE could provide an arrest warrant or a court order.<\/span><\/p>\n

Rhode Island\u2019s Senate<\/span> voted<\/span> 28-10 in favor of allowing undocumented immigrants to drive, but House leadership decided not to take up the bill before the session ended in June.<\/span><\/p>\n

That\u2019s as far as the measure has ever gotten, and proponents plan to try yet again.<\/span><\/p>\n

But Raymundo has to get to work now. Night after night, she\u2019s still looking over her shoulder as she drives.<\/span><\/p>\n

Kimberly Cataudella and Alexia Fern\u00e1ndez Campbell are reporters at the <\/span><\/em>Center for Public Integrity<\/span><\/em>, a nonprofit investigative news organization in Washington, D.C.<\/span><\/em><\/p>\n

Source: Read Full Article<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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