BOSTON — A new state law authorizing driver’s licenses for undocumented immigrants wouldn’t alter their immigration status or expand access to other benefits, but would provide “new legitimacy” to those living in the U.S. illegally, according to a new report.
The report by Tufts University’s Center for State Policy Analysis backs claims from supporters of the law that state-issued driver’s licenses would not change immigration status or expand access to other benefits. But it also suggested that the licenses would offer “new legitimacy” to unauthorized immigrants.
“Whether this is appropriate is a major part of what voters are being asked to decide,” Evan Horowitz, the group’s executive director, wrote in the report.
Question 4 on the Nov. 8 ballot asks voters whether they want to approve the Work and Family Mobility Act that authorizes state driver’s licenses for people living in the U.S. illegally. A “yes” vote on Question 4 would uphold the law while a “no” vote would repeal it.
Under the law, which would take effect in July, immigrants without legal residency status can acquire standard driver’s licenses, but not federally authorized Real ID-compliant versions. Applicants must produce at least two official identity documents. They will also need to prove Massachusetts residency.
Republican Gov. Charlie Baker vetoed the bill, citing concerns about the ability of the state Registry of Motor Vehicles to verify the identity of people seeking a license and that it could authorize undocumented immigrants to register to vote in state elections.
But the Democratic-controlled Legislature moved quickly to override Baker’s objections, mustering the two-thirds vote needed to make the proposal a law. Republicans and a handful of Democrats voted against the veto override.
The Tufts report — which didn’t take a position on whether voters should approve Question 4 — found that offering licenses to unauthorized immigrants would encourage them to buy cars, get auto insurance and the training needed to pass a road test, which would improve public safety.
The law includes safeguards preventing undocumented individuals from registering to vote or receiving other benefits, the report noted. But it would also provide legitimacy in the form of a state-issued document “that affirms their identity without reference to their legal status.”
Under state law, unauthorized immigrants can attend public schools, get free school meals and housing assistance, and qualify for health care services such as vaccinations. But they are not authorized to vote, claim unemployment benefits or participate in federal programs such as Medicaid or food stamps.
Having a license and vehicle would make it easier for unauthorized immigrants to commute to work or expand the small businesses they are already running. But the report also noted that those people “don’t actually have the right to work in this country.”
The new law also comes with risks for undocumented individuals that their immigration status could be shared with other agencies, the report pointed out.
While the law explicitly states that RMV records “shall neither be a public record nor be disclosed by the registrar,” the report notes that it also allows the release of records “as required by federal law” or yet-to-be-written state regulations.
That raises the possibility that RMV records could be used to track and identify unauthorized immigrants.
For one, a presidential administration cracking down on unauthorized immigrants could demand state RMV records as part of its effort, Horowitz notes.
Likewise, a future attorney general could enact new rules to expand access, he said, or hackers could infiltrate the RMV system and expose those records.
“While the risk that driver’s license records will be used to track unauthorized immigrants is hard to pin down, it isn’t imaginary,” Horowitz wrote.
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.
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