Oregon legislation

Just released by FAIR - Legislative Update:  Last week, the Transportation Security Administration ("TSA") confirmed, contrary to claims made by illegal alien lobby organizations, that it will allow illegal aliens to board commercial airlines by presenting an Oregon driver's privilege card. (Politifact Oregon Oct. 7, 2014) Oregon's driving privilege cards will be given to illegal aliens, or any applicant who cannot prove that he or she has lawful presence in the United States, and is set for considered by Oregon voters on November 4th under Ballot Measure 88. (Id.)

The controversy arose when Lars Larson, a talk show radio host based in Portland, made public letters he received from TSA stating the agency would accept Oregon's driver's privilege card for identification at the airport. (Id.) This admission is important because the language that appears on the ballot for Measure 88, referred to as its ballot title, says: "The driver card may not be used as identification for air travel, to enter a federal building, to register to vote or to obtain any government benefit requiring proof of citizenship or lawful presence in United States." (Measure 88) Causa Oregon, a local illegal alien lobbying group, insists on this point. (Politifact Oregon, Oct. 7, 2014) "Ballot Measure 88 clearly states that it will be issued only to grant driving privileges, and prohibits use of the driver cards for anything other than the listed purposes," said spokesman Erik Sorensen in an email to Politifact Oregon. (Id.)

Politifact Oregon contacted TSA to investigate Lars Larson's claims. (Id.) Nico Melendez, a Western Region TSA spokesman in California, responded, "State-issued driver cards would be acceptable forms of identification for our document-checkers at the airport. At this point, the understanding is that a card like this would be an acceptable form of identification." (Id.) He further commented, "What we are doing is verifying that the person who shows the card is the person who is traveling. It's not an immigration check." (Id.)

TSA's admittance that it will accept illegal aliens' driving privilege cards as a valid form of identification to board an aircraft is especially disturbing considering rece nt national security threats.Unlike legal immigrants, illegal aliens are not subject to stringent background checks or face-to-face interviews to determine the existence of any public safety or national security threat they might pose. Illegal aliens usually do not have valid U.S. identification or work authorization documents. Therefore, they depend on foreign or forged documents to travel on commercial airlines.

Although REAL ID Act was passed to solve this problem, it has yet to be implemented by the federal government. The REAL ID Act was passed in 2005 in response to the terrorist attacks to the United States on September 11, 2001 when the 9/11 Commission found that the 19 terrorists involved in the attack carried among them over 30 state driver's licenses and identification cards. (9/11 Commission Report) The Act prohibits federal agencies from accepting driving privilege cards issued to illegal aliens for federal identification purposes. (REAL ID ACT of 2005) The Obama administration repeatedly pushed back implementation of REAL ID, and currently purports its implementation deadline for these provisions to be January 2016. (Department of Homeland Security FAQ on REAL ID) Read more about TSA Will Accept Illegal Aliens Driver's Privilege Card as ID to Board Aircrafts

The driver cards at issue in Ballot Measure 88 will likely be accepted by the federal Transportation Security Administration to fly on a plane, contrary to what the measure's title says.

The cards would allow illegal immigrants or other Oregon residents who can't prove citizenship to legally drive a car and hold insurance in their names, and the measure, referred from a 2013 law, has been presented as very limited.

The summary approved by Attorney General Ellen Rosenblum and the Oregon Supreme Court outlines its narrowness in great specificity:

"The driver card may not be used as identification for air travel, to enter a federal building, to register to vote or to obtain any government benefit requiring proof of citizenship or lawful presence in United States," it says.

Much of that statement is apparently wrong. What's more, it did not come from the Oregon Legislature, Secretary of State, the court, or Rosenblum's office.

It came from the ACLU of Oregon, whose attorney wrote the statement to represent the ACLU's interpretation of the law during the public comment period allowed by the Secretary of State.

Originally, the summary said the measure "specifies ways in which this driver card may be used as identification." It said nothing about ways the card may not be used.

That list came from lawyer Greg Chaimov of Davis Wright Tremaine on behalf of the ACLU.

"The intention there is to say there is an entire universe of things we can list that the driver card is not intended to be used for," said ACLU Legislative Director Becky Straus.

"The purpose of highlighting those specific things is to reinforce the limited purpose of the driver card" and show it was not meant to be equivalent to a driver's license, she said.

The original bill and the text of Measure 88 never explained prohibited uses of the cards, but they do list the six allowable uses under state law:

• to provide evidence of driving privileges

• to identify the person as an organ donor

• to identify the person as an emancipated minor

• to identify the person as a veteran

• to provide a driver license number

• to provide a license number to aid law enforcement in finding a missing person

Air travel or entering a federal building are never mentioned anywhere in the bill or the measure. Both are governed by federal laws, which the Oregon Legislature has no authority to address.

In fact, the Oregon DMV acknowledged this dynamic in its list of frequently asked questions about the cards.

The DMV deferred to the TSA to decide whether the cards could be acceptable ID in an airport. It also deferred to individual banks and businesses as to whether the cards can be used as ID for checking accounts or alcohol purchases.

It also notes that nowhere on the card will it say it is "not for ID purposes."

One thing is very clear: The cards cannot be allowed to vote. Secretary of State spokesman Tony Green said only citizens are allowed to vote, and the cards do not require proof of citizenship.

Any non-citizen who registers to vote is committing a Class C felony, Green said.

For its part, the TSA has said it will accept the cards as identification for people wishing to board a plane.

Nico Melendez, a Western Region TSA spokesman in California, after checking with Oregon officials and administration attorneys, told the Oregonian: "State-issued driver cards would be acceptable forms of identification for our document-checkers at the airport. At this point, the understanding is that a card like this would be an acceptable form of identification."

"What we are doing is verifying that the person who shows the card is the person who is traveling," Melendez said. "It's not an immigration check."

A Department of Homeland Security official said the TSA will continue to accept all state-issued IDs "at least until 2016." The federal Real ID act goes fully into effect that year, and an ID from non-compliant states will not be considered acceptable.

Oregon is one of 21 states who do not comply with the law but have an extension. If the state never complies with the act, any state-issued ID will eventually be invalid under federal law, including driver licenses held by citizens.

The TSA website gives a list of acceptable identification, and it does not specifically list driver cards. However, proof of citizenship is not required for TSA-accepted ID.

For example, it lists a "permanent resident card" as acceptable, and a permanent resident is not necessarily a citizen. The driver cards at issue in Measure 88 would require proof of residence for at least one year as well.

The ACLU understands that Oregon cannot dictate what the TSA does or does not do, Straus said. The statement was rewritten to reflect "what the legislature intended," she said.

Besides, Straus said, it is largely irrelevant whether the cards are allowed as TSA identification. The DMV is requiring either a passport or a photo ID from a consulate to get one of the cards, she said, and those documents themselves would pass the TSA standard.

"Do you show your passport to the DMV or do you show it to TSA — it seems to be the same effect," she said.

The ballots voters receive this month will include the incorrect statement about air travel, Green said.

"The Oregon Supreme Court, after hearing from proponents and opponents, certified that the ballot summary accurately reflects the text of the measure," he said. "Whether federal agencies choose to comply with the law — should voters approve it — is beyond the scope of the ballot summary review process."

hhoffman@statesmanjournal.com, (503) 399-6719 or follow at twitter.com/HannahKHoffman

Other states with driver cards

Washington

California

Nevada

Utah

Colorado

New Mexico

Illinois

Vermont

Connecticut

Maryland

Washington, D.C.

Puerto Rico Read more about ACLU created error in driver card ballot measure

Conservative radio talk show host Lars Larson makes no bones about where he stands on Oregon’s Measure 88 – the driver card initiative.

The claim:

He recently sent us a series of emails, which he said verified one of his assertions about the cards: That the Transportation Security Administration will accept "driver privilege" cards as valid identification to board a commercial aircraft.

Could the ballot measure’s own language be wrong? PolitiFact Oregon decided to check.

The analysis:

Several newspaper opinion pieces, including one written by former Hillsboro Police Chief Ron Louie, say driver cards will not be valid for boarding an airplane.

Causa Oregon, a leading immigrant-rights group, agrees. "Ballot Measure 88 clearly states that it will be issued only to grant driving privileges, and prohibits use of the driver cards for anything other than the listed purposes," spokesman Erik Sorensen wrote us in an email...

A TSA spokesman in Oregon wrote to Larson, according to an email he shared with us: "Driver’s licenses are a valid form of ID for TSA."

We contacted a TSA official on our own, Nico Melendez, a Western Region TSA spokesman in California.

Melendez, after checking with Oregon officials and administration attorneys, said in a telephone interview: "State-issued driver cards would be acceptable forms of identification for our document-checkers at the airport. At this point, the understanding is that a card like this would be an acceptable form of identification."

Whether an air passenger shows a TSA representative a driver’s license or driver card doesn’t matter, he said.

"What we are doing is verifying that the person who shows the card is the person who is traveling," Melendez said. "It’s not an immigration check."

The ruling:

We rule Larson’s claim True. Read more about Lars Larson says Oregon drive card could be used to board a plane; is he right?

This week I published a story about Measure 88, a referendum on state law that allows driver cards for Oregonians who can’t prove they’re in the country legally. Read the full story here, but below I address a few of the most-discussed issues surrounding Measure 88 in more detail.

Would people who get driver cards be required to purchase vehicle insurance?
Just like any driver who gets a license from Oregon’s Department of Motor Vehicles, anyone who wants a driver card will need to provide proof of vehicle insurance for the car they drive for the test.

But they don’t need to own the vehicle in which they take the driving test — it could be a parent’s or girlfriend’s car, for example. And just as it is for any other Oregon driver, there’s no way to force people to retain insurance after they purchase a policy. Any Oregon resident can cancel or renew insurance policies at will.

Has Oregon issued driver cards in the past?
No, but before 2008, undocumented residents could obtain driver licenses with the same rights and privileges as documented residents. In that year, Gov. Ted Kulongowski changed the requirements for obtaining a driver license via an executive order, making it impossible for undocumented residents to legally obtain driving privileges. Many undocumented residents who had licenses prior to 2008 have been losing those privileges as their old licenses expire.

Could Oregon driver cards be used as official identification?
There are a few fine points to dig into here. The Oregon DMV says that driver cards would be issued only to “grant driving privileges.” The cards have not yet been designed, so it’s not clear if they would include obvious language indicating that a driver card is not an official identification document.

As to whether or not the cards could be used to purchase alcohol, open a bank account or to board a plane? The DMV says decisions of whether or not the card could be accepted as identification would be up to each business, bank or the TSA official scrutinizing the card.

Could driver cards be used to get commercial driver licenses?
No, the DMV says they cannot be used to get a CDL, but someone with a driver card could get a Farm Endorsement (which allows for the operation of commercial vehicles for farm related purposes, within 150 miles of a farm).

Who endorses each side of the campaign?
A number of nonprofit organizations, labor unions, businesses and churches support the Safe Roads Yes on 88 campaign. Here’s the full list.

On the other side, Protect Oregon Driver Licenses is endorsed by several state representatives, the Sheriffs of Oregon Political Action Committee, and other local officials. Here’s the full list.

What other states have driver cards?
Ten states in the U.S. allow undocumented residents driving privileges through a driver card or license: Washington, California, Nevada, Utah, Colorado, New Mexico, Illinois, Maryland, Connecticut, and Vermont. Puerto Rico and Washington D.C. also give driving privileges. Read more about A Few Facts About The Driver Card Measure

On May Day last year Governor Kitzhaber wielded a pen in front of 2,000 cheering supporters and signed Senate Bill 833 into law.

The bill allows driver cards for those who can’t prove they’re here legally. It passed the 2013 legislature with bipartisan support.

But in the months following that May Day rally, opponents of the bill gathered just enough signatures to put the driver card issue to voters. The Oregon Department of Motor Vehicles estimates that the bill affects tens of thousands of Oregonians who can’t currently drive legally.

That’s why Reyna Lopez is at the Saturday farmers market in Salem with a clipboard in hand. Lopez works for Causa, a statewide advocacy group focused on immigrants rights. She’s leading a group of about 15 volunteers canvassing the city to encourage yes votes on Measure 88.

Lopez introduces herself to a woman who is on her way out of the market. A tiny, sleeping baby is strapped to the young mother’s chest, and she’s carrying two pints of bright strawberries.

“Hello,” says Lopez, cheerfully. “Today we’re talking to folks about Measure 88. Have you heard about it at all?

The woman says she doesn’t think so.

“Basically it’s a big human rights issue that’s going to be on the ballot this year,” says Lopez. She describes the measure as a way for people in the immigrant community to be able to drive legally to their jobs or to school.

The woman says she’s supportive and signs a pledge to vote yes while Lopez holds her strawberries for her.

“For me, it’s really about dignity and respect,” says Lopez. “For many families this is a constant worry on their minds. When they’re driving, they’re driving in fear. I just want to make sure that people are able to get where they need to go legally and safely, but also I just want to make sure that people have their basic transportation needs fulfilled.”

Driver cards won’t come with the same privileges as a state-issued driver’s license. It’s not meant to be an official ID, but solely to grant driving privileges. To get the card, drivers must pass the state test and provide proof of vehicle insurance.

Across town in Salem, Cynthia Kendoll is leading a meeting of the group Oregonians For Immigration Reform. The conference room is packed with opponents of the driver card law. She leads the crowd in a chant: “Vote no on 88!”

Kendoll says driver cards would roll out the welcome mat to undocumented workers.

“They chose to break our laws and come here illegally,” says Kendoll. “So when you paint the picture that they’re just coming here to work, they’re also breaking multiple laws. They’re also probably driving, and probably driving uninsured.”

The meeting became momentarily heated when a protester stood up to make a statement during a question-and-answer session.

“I’m an American, too,” said the protester, who spoke with an accent and added that he was an American citizen. Several people in the room shouted at him to leave, and he agreed to go. But as he walked out of the room, he turned back to the crowd and said, “You’re telling me that I’m the other.”

The meeting discussion following the tense exchange wasn’t so much about Measure 88 or whether undocumented people should be able to drive. Rather it was about the broader issue of immigration reform. And that’s really at the heart of this debate for opponents.

“The problem that we have to solve is illegal immigration,” says Kendoll. “Rewarding people that break the law by giving them a drivers card — we think it’s just wrong.”

Supporters of the driver card law say that it’s not up to states to enforce federal immigration law. Everyone needs a safe way to get to work or to school, says Reyna Lopez.

“People are driving; they’re taking the risk,” says Lopez. “The rest of the community is being put at risk when uninsured and unlicensed drivers are on the roads. Whether you’re pro-immigrant or not, it’s about public safety, it’s about safe roads.”

A yes vote on the referendum would uphold state law. A no vote would reverse the driver card law. If Measure 88 passes, Oregon will be the eleventh state in the nation to provide driving privileges to undocumented residents. Read more about Oregonians To Vote On Driver Cards For Undocumented Residents