Oregon Legislature

Voters in Oregon overwhelmingly rejected a law passed in 2013 that would grant driver’s license cards to illegal aliens. (Oregon Live, Nov. 5, 2014) Ballot Measure 88, which put Senate Bill (“S.B.”) 833 up for voter approval, was defeated by a landslide of 68% of voters in favor of vetoing S.B 833, with only 32% in support of the law. (Id.) The defeat of Measure 88 marks a huge victory for true immigration reformers in Oregon and nationwide. Currently, eleven states grant driver’s licenses to illegal aliens. However, activists in Oregon were the first state to hold their elected representatives accountable and put the question on the ballot.

Opposition against Measure 88 was entirely a grassroots effort. Oregonians for Immigration Reform, a local group whose mission is to support enforcement of immigration law, initiated the referendum of the law by working tirelessly to gather over 71,000 signatures in just a few months to get Measure 88 on the ballot. (Breitbart, Oct. 21, 2014) Supporters for the Measure included illegal alien lobby groups, labor unions, and businesses that profited off of the availability of cheap, illegal labor. (Oregon Live, Nov. 4, 2014) True immigration reformers raised only $37,000 to fight Measure 88, compared to the $421,000 raised by the illegal alien lobby to support it. (Breitbart, Oct. 21, 2014)

The movement to defeat Measure 88 gained momentum in April when sheriffs representing all 36 counties in Oregon came out in opposition to the Measure. (Oregon Live, Sept. 22, 2014) Sheriffs of Oregon Political Action Committee, which represents Oregon sheriffs, issued a press release stating: “The Sheriffs of Oregon support the citizens veto referendum #301 to overturn S.B. 833. We urge a NO vote.” (Id.) Tom Bergin, current Clatsop County Sheriff and former President of the Oregon State Sheriff’s Association, added, “It is wrong to provide special driver’s licenses to people who cannot prove legal presence in the United States. For Oregon to do so, will only enhance the ability for criminal behavior, thus creating a larger risk to our citizens public safety. The Sheriffs of Oregon urge you to oppose this Measure.” (Id.)

Supporters of illegal alien driver’s licenses appealed to public safety concerns, arguing S.B. 833 would improve public safety and increase the number of insured drivers on state roads and highways. (Portland Tribune, Oct. 16, 2014) These arguments, however, lost credibility after the law enforcement adamantly spoke up against the law. Dave Driscall, a retired Salem Police officer, described Measure 88 as “just a way for a select group of people to avoid Oregon law. It will not increase traffic safety or lower the number of uninsured drivers in this state. If allowed to stand Oregon could become a safe haven for criminals and terrorists.” (Oregon Live, Sept. 22, 2014) Indeed, a study published in the Journal of Insurance Regulation in 2011 reported that the average percentage of uninsured motorists is actually higher in states that have no lawful presence requirement for obtaining driving privileges. (National Association of Insurance Commissioners)

True immigration reform activists in the state were thrilled to learn of the outcome of the referendum. (Statesman Journal, Nov. 4, 2014) Cynthia Kendoll, president of Oregonians for Immigration Reform, commented, “We wanted to get it to the ballot, and we wanted to let Oregon voters decide this issue. I think they’ve spoken loud and clear.” (Id.) Kendoll stated the outcome was a victory for those “sick and tired of big business, special interest groups and unions controlling our government.” (Oregon Live, Nov. 4, 2014)
  Read more about Oregon Voters Reject Illegal Alien Driver’s Licenses

Oregon voters resoundingly rejected a ballot measure that would have granted driver cards to illegal immigrants.

Measure 88 was trailing by a more than 2-to-1 ratio late Tuesday, with 68 percent of voters against it and 32 percent in favor.

The measure would have given the Oregon Driver and Motor Vehicle Services Division authority to issue driver cards for Oregon residents who couldn’t prove their legal status in the United States, but could prove their identity and date of birth and show at least one year of residency in Oregon.

Opponents of the measure worried the driver cards would encourage and reward illegal immigration into the United States. They said the wide margin of victory showed Oregonians shared their concerns.

“The things people were saying to us from all parties in all corners of the state were very positive,” said Cynthia Kendoll, president of Oregonians for Immigration Reform, which opposed Measure 88. “All the polls kept indicating we had about a 30-percent spread, but I wouldn’t believe it until I saw it for myself.”

The measure’s supporters argued thousands of immigrants are already driving on Oregon roads, and giving them a driver card would make it easier and cheaper for them to obtain automobile insurance. They called the defeat disappointing, but said the campaign for Measure 88 laid the groundwork for more immigrants’ rights issues in future elections.

“This is obviously a very important issue for many families across Oregon,” said Juan-Carlos Valle, president of the League of United Latin American Citizens of Lane County. “We will continue to do exactly what we did during the campaign, which was to talk to Oregonians about importance of having a driving card for families who work, take their children to school and go to church.”

Measure 88 grew out of an attempt by the Democratic-controlled state Legislature last year to pass a law granting the driver cards. Gov. John Kitzhaber signed the bill into law in May, but Oregonians for Immigration Reform gathered enough signatures to place the issue on the ballot through Oregon’s referendum process. Read more about Driver cards measure defeated

Oregon's Measure 88 ballot initiative would grant legal driving privileges to people who can't prove legal residence in the United States.

Oregon Measure 88 on the November ballot would grant a driving card to people meeting certain standards but who are unable to prove legal residency in the United States.

We can appreciate the arguments supporters make for the measure, and don’t find them to be completely without merit. However, we can’t get past a strong feeling that it would be a mistake.

Not all that long ago, legal residents and illegal immigrants were able to qualify for Oregon licenses by meeting less stringent standards to prove their identity.

In the wake of 9/11, Oregon joined many states that bolstered the security of driver’s licenses and other state identification cards that could be used to board airplanes and to conduct other business that requires positive identification. Drivers applying for a license must produce proof of legal residency in the United States — a passport, a green card or a birth certificate.

As the licenses issued under the more lax requirements began to expire, immigrant advocates started pushing for an alternative to provide legal driving privileges. Last year the Legislature passed a law creating the driver’s card, but a grassroots petition drive forced the issue onto the ballot.

Ag interests, labor unions, business groups and immigration advocates supported the law, and support passage of the ballot initiative.

Supporters say issuing the cards will make Oregon roads safer. Card holders have to pass the same tests as licensed drivers. They say card holders would be more likely to obtain insurance.

More importantly, the cards would allow illegal immigrants to legally drive to their jobs — jobs that they cannot legally hold.

Nurserymen, fruit producers and food processors depend on immigrant labor. It’s generally accepted that 70 to 80 percent of that workforce is in the country illegally, and who can’t get an Oregon driver’s license.

While it’s against federal law to hire workers who are not legal residents, workers who are hired present documents farm employers assume are legitimate. All of this is on a wink and nod because there is no requirement agriculture employers participate in the federal E-Verify program that would weed out applicants with phony or appropriated documents.

The driver’s card would make this charade harder to pull off. Anyone with legitimate documentation to work would, by definition, have legitimate documentation to get an Oregon driver’s license.

Supporters are quick to point out that immigration is the purview of the federal government. The state’s interest is only in ensuring the roads are safe. But the driver’s card makes the state an active participant in a conspiracy to violate federal law.

We have long supported federal immigration reform, and a pathway to legal residency for those immigrants meeting stringent requirements. Count us among those who think Congress has dawdled for its part.

But federal reform is the first step in the normalization of the status of illegal immigrants, not an after thought. This measure puts the cart before the horse. Read more about Driver’s card puts cart before horse

Supporters say measure would improve safety on Oregon streets; opponents worry it would make state vulnerable to fraud

In the ongoing national debate about immigration reform, Oregon was one of a number of states to make changes to driver’s license policies in 2013.

The Legislature’s response was Senate Bill 833, which was intended to make four-year “driver cards” available to residents who cannot prove their legal presence in the United States.

The bill was approved, but before it was enacted, a veto referendum was successful in placing the issue on the ballot for the Nov. 4 general election.

The driver card would differ from an Oregon driver’s license in several ways, including that the card would be valid for only four years, as compared to the license’s eight.

The card, like the license, would also require applicants to pass written and behind-the-wheel tests, provide proof of residency in Oregon for at least one year and provide proof of identity and date of birth.

But that’s not enough for Jim Ludwick, communications director for the political action committee Oregonians for Immigration Reform and the Protect Oregon Driver’s Licenses (PODL, pronounced “poe-dle”) committee.

Ludwick said his organization, which led the referendum effort, is worried that SB 833, if enacted, would make the state and its licensing offices more susceptible to foreign criminals and drug traffickers.

“(Interstate 5)?is a major artery for Mexican drug cartels,” Ludwick said. “And they want these driver cards. I think the feeling is, if they have a driver card, they can go anywhere.”

Ludwick said he is worried that SB 833 would reinstate the practice of Matrícula Consular cards being accepted by the Department of Motor Vehicles as proof of identification.

Although issued by the government of Mexico with a number of security features, the card has been criticized by U.S. law enforcement officials and agencies, including the Federal Bureau of Investigation, as being unreliable and highly vulnerable to fraud.

Ludwick is afraid that, under SB 833, a criminal could falsify a Matrícula card, then use it to obtain a driver card, in which case the state would be effectively lending legitimacy to the fraudulent identity.

“That would basically be Oregon verifying that this is the person whose face agrees with that name,” he said.

Ludwick said the current law in Oregon already allows legal immigrants or temporary residents to obtain driver’s licenses, but the licenses are valid only for the duration of the individual’s documented legal presence in the country.

As further evidence of safety concerns associated with the measure, Ludwick pointed out that the referendum has been publicly supported by a number of law enforcement officials, including Clatsop County Sheriff Tom Bergin, former Linn County Sheriff Tim Mueller and the Sheriffs of Oregon political action committee.

But Caroline Fitchett, campaign director for Yes on 88, rebutted Ludwick’s claims. She said there are “important safeguards required in order to obtain a driver card,” designed to address safety concerns.

“The facial recognition feature, proof of identity and proof of residency in Oregon for at least one year are key requirements the DMV will utilize in order to prevent fraud,”?she said.

She pointed out that law enforcement officials have also supported the Yes on 88 campaign, including retired Hillsboro Police Chief Ron Louie.

Other proponents of Yes on 88 includes dozens of Latino and migrant workers’ advocates, civil rights groups, labor unions and religious organizations, including the Woodburn-based farmworkers union PCUN.

“Oregon’s neighboring states, Washington, California and Nevada, have laws that allow all Oregon residents to get tested and insured to drive,” Fitchett said. “By passing Measure 88, Oregon would join our neighboring states in making this needed change for public safety.”

Fitchett also said that, under Measure 88, the driver card could not be used as valid ID? in the way that a driver’s license can.

“The driver card is limited for driving purposes only,” she said. “The driver card cannot be used as identification to board a plane, register to vote, buy a gun or obtain government benefits.”

She said the card would comply with Congress’ 2005 Real ID Act, so it could not be used for any federal identification purposes. She added that, as a matter of federal law, a state-issued driver card could not convey or change anyone’s immigration status.

In addition to helping the families of undocumented workers, Fitchett said the measure would assist senior citizens who are unable to access their birth certificate or were never issued one.

If Measure 88 is approved in November, the law could take effect in as little as 30 days. Read more about Lines drawn in alternative driver's license debate

The Taxpayer Association & TAO-PAC are bringing you ANOTHER exclusive poll.

Our first poll helped show the early results of the nationally watched GOP Senate Primary. Our next poll showed Gov. Kitzhaber close to losing his race for Governor.

In this poll, we targeted the most talked about race on the ballot — the driver card Measure 88. In our postscript, we show how many other states are wrestling with this issue and why this issue deserves a deeper look regardless of whether it passes or not.

A professional and scientific poll of 400+ Oregon voters was conducted by local polling firm NW Market Research in August 2014.

A full 67% reject Measure 88.

Based on reading the ballot title, 67% of Oregon voters would not pass Measure 88. A smaller 27% would vote to approve Measure 88. Those who were unsure/unknown stood at 5%. Full details here.

Immigration is one of America’s most complex issues and so is this measure. Therefore we divided the measure into distinct parts to see Oregon voters opinions on each aspect of the measure.

- I.D. Requirements Idea: The idea that the Measure allows some level of identification (proof of ID, residence, proof of birth) but not citizenship failed to sway voters. Only 35% considered this favorable.

- Improve Road Safety claim: The idea that the measure would improve road safety by allowing more people to take a driver’s test & have insurance was a stronger facet of the Measure as 44% agreed with the statement.

- Helps people follow law: The concept that the Measure helps people follow the law was supported by 43% of Oregonians — but still not a majority.

- Federal law factor: Another concept is that Oregon is a victim to the failure of Federal laws to deal with immigration. This idea was received by only 37% of Oregonians.

- Total support of positive claims: Combing all of the four positive concepts of the measure leaves voters only supporting the measure by 41%. Roughly 50% would oppose.

The Measure was brought to voters in the form of a referendum. These opponents of driver cards have a list of problems they see will occurring in Oregon if the Measure passes. We tested their negative concepts.

- Fraudulent paperwork claim: The concept that if Measure 88 were passed it would increase fraudulent paperwork as experienced in other states had a measure of support with 39% increasing their opposition to the measure based on this claim.

- Increased illegal activity: The concept that driver cards becomes a catalyst for increased illegal activity surrounding immigration was tested and found that a stronger 52% felt more opposition to the measure based on this idea.

- Law enforcement support: The concept that driver cards is a law enforcement issue supported by Oregon Sheriffs had a 40% level support for opposition to the measure.

- Illegal is illegal: The least effective concept was the common phrase that “illegal-is-illegal” and that the state should not be complicit. This idea garnered small support of 36% who felt this claim increased their opposition to the measure.

- Total of negative claims: After sharing all of the negative claims made on Measure 88 the total impact amounted to 58% of voters opposing the measure.

POSTSCRIPT: Oregon’s not alone — states across nation struggle with this issue.

Whether Measure 88 passes or fails, it will be a long & reoccurring issue for lawmakers to handle. This is why every lawmaker and policy expert must examine our poll and see the nuanced and detailed reasons behind voter’s concerns on this issue. States are experiencing problems as they seek to implement laws allowing undocumented immigrants to apply for driver’s licenses. In Colorado, a law went into effect this summer, but the demand for appointments has been so high that the state’s motor vehicle scheduling website was overwhelmed. The site shut down several times when it began scheduling appointments.

Colorado is only offering application appointments in five of its 37 DMV offices, forcing many unlicensed immigrants to travel long distances to get to an office. The state argues that it can’t expand its services without raising the cost of the applications.

In Illinois, a state with a large number of undocumented workers, has so many immigrants attempting to apply that the waiting period for an appointment is about three months.

California, home to about 1.4 million undocumented immigrants, will begin accepting applications in January. The state has had to create a new design for its licenses because the federal government ruled that the licenses were too similar to their traditional driver’s license.

The Taxpayer Association encourages all policy makers and leaders to absorb the lessons from other states and learn from the survey data provided. After the election is often too late to go back and inquire what the principles and concerns voters had before the influence of advertisement, voter turn-out or the impact of the issue being settled after an election. Read more about Poll: Driver card measure 88 landslide