Q&A of the Day – How Do Illegal Immigrants Get State Issued ID’s?
Each day I feature a listener question sent by one of these methods.
Email: brianmudd@iheartmedia.com
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iHeartRadio: Use the Talkback feature – the microphone button on our station’s page in the iHeart app.
Today’s Entry: Submitted via talkback asking about how undocumented people gain access to state issued IDs and licenses in sanctuary cities and states
Bottom Line: The issue of illegal immigrants getting state ID’s and even driver’s licenses isn’t a new one, but it is a growing one. In fact, you’re most likely going to be surprised by how many sanctuary states there are in comparison to the number of states that will issue IDs to illegal immigrants...it’s far from only being an issue that’s exclusive to what’s happening in sanctuary states and cities. Let’s start the analysis with what being a “sanctuary” city or state represents. According to the Federation for American Immigration Reform the definition of a sanctuary government is this:
Sanctuary policies are those followed by towns, cities, counties, states, and other jurisdictions that restrict most forms of cooperation with federal immigration authorities. While jurisdictions are not compelled by federal law to participate in federal immigration enforcement activities, federal law (8 USC § 1373) prohibits them from actively obstructing enforcement of federal law. In addition, sanctuary policies may violate the supremacy clause of the United States Constitution (Article VI, Clause 2) and the 10th Amendment.
The most common way this has historically played out is with ICE detainer requests. Sanctuary cities and states won’t comply with ICE detainer requests when illegal immigrants are in the custody of a sanctuary government. Often detainers are issued when illegal immigrants are to be released from detention in a prison or jail, but sanctuary governments ignore them releasing the illegal immigrants back into society after their detention. Some go so far as to intentionally sneak illegal immigrants out of detention facilities to avoid ICE’s efforts to deport criminal illegal immigrants. There are eleven states that are sanctuary states under that definition: California, Colorado, Connecticut, Illinois, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. Additionally, ironically, the District of Columbia is also a sanctuary district. As it pertains to ID’s and driver’s licenses being issued to illegal immigrants here’s the reality. All sanctuary states are complicit in issuing IDs to those who’re here illegally, however not all issuing states are sanctuary states.
In total, there are 18 states which have policies in place which allow for those lacking legal status in this country to have a state issued ID and/or driver’s license. In addition to the 11 sanctuary states which have these policies in place, so to do these seven “non-sanctuary” states. Delaware, Hawaii, Maryland, Minnesota, New Mexico, Nevada, Utah and Virginia. Notably there’s one bright red state among the list in Utah and two additional swing states in Nevada and Virginia. The motivation for policies allowing for illegal immigrants to obtain ID’s and even licenses in sanctuary locations might be clear, but how or why is it happening elsewhere?
Every state’s law is a bit different, however there’s a common thread between them all and it’s found in the very first state law which opened the door for this to happen. It was Washington state’s law passed in 1993 which allowed residents to obtain driver’s licenses with proof of residency in lieu of a Social Security number. This could be done with home utility bills issued in the name of the person seeking a driver’s license. So effectively if an illegal immigrant were to rent an apartment for example, and establish utilities in their name, that’s all that’s required to apply for a driver’s license in that state. That largely became the basis for what you see in the other seventeen states.
The practice of state sanctioned ID’s and licenses has proliferated along with illegal immigration in recent years. Of the 18 states and D.C. to allow for this to take place, 15 of them have happened within the past decade with the two most recent states opening the door to this within the past year (Minnesota and Rhode Island). The practice has become so prevalent that the state of Florida took action in last year’s Immigration bill to ensure that the practice isn’t legitimized here. The law which took effect July 1st of last year in Florida specifically:
- Prohibits local governments from issuing ID cards to unauthorized aliens and invalidates out-of-state licenses issued to unauthorized aliens.
- Requires affirmation of United States citizenship and legal Florida resident status for voter registration.
Notably, the strong actions taken by the state under the DeSantis administration have rooted out what had previously been “sanctuary” local governments in Florida. So that’s how it’s happening and where it’s happening. There’s a significant challenge in attempting to unpop that cork and the willfulness of states to legitimize those who’re not legitimately in this country only further reinforces the importance of securing the southern border and for ICE to be focused on doing the job of removing illegal immigrants from this country.