State Centralizes Drivers License Policy

By Dan Gorenstein on Friday, June 21, 2002.

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All non-U.S. citizens living in New Hampshire who want a drivers license must go to the Concord Division of Motor Vehicles. As of September 1st, 2001, that became the Department of Safety's policy. Critics say it's discriminatory. While state officials admit the policy is inconvenient, they don't question its legality. They argue the policy improves DMV services, and may increase homeland security. NHPR's Dan Gorenstein reports.

New Hampshire Attorney General Phil McLaughlin holds a federally issued Security Alert. It warns of Al-Queda operatives obtaining travel documents. He has pulled it out to underscore the serious nature of providing drivers licenses to non-US citizens. Especially after the September 11th attacks.

7:00 what we have to do, as an open society is try to find rational mechanisms to identify points of vulnerability in our community, including the credentialing of foreign nationals. And do our best to control those points of vulnerability.

One of those mechanisms, says McLaughlin, is controlling how non-US citizens get their drivers licenses. Heightened security may be an unintended side affect, but state officials say the policy wasnï¿½t a response to September 11th. Itï¿½s was a move to streamline services.

According to state officials the handling of foreign documents slowed down DMV lines. And non-US citizens had to wait between 2-6 weeks for a license. But now, the department boasts of a plan where a non-US citizen can drive out of the Concord DMV with a temporary license the same day.

Manchester residents Juana and Edward Solano both took the day off to come up to Concord. Edward, who is from the Dominican Republic, needed to replace his New Jersey license. At the DMV window for non-US citizens, Juana talks with an employee.

:14 sfx we need to change the license for my husbandï¿½:47 I need his permanent residency card, s.s. card and proof of residency

1:43 what kind of proof or address do you accept?ï¿½have to come back?ï¿½you come back with and we will issue your husband a license.

Juana says, now theyï¿½ll have to take two more days off work to get Edward his license.

The Solanoï¿½s experience, says Nabil Migalli, isnï¿½t surprising. In fact, the American Arab Anti-Discrimination Committee local president says immigrants often have to make multiple trips to Concord to get a license.

While state officials maintain the policy improves services, Migalliï¿½s confusion over its origin indicates a significant gap in communication.

2:49 I think my question is very simple, what purpose is being served by this.

Department of Safety officials claim the original intent was to improve services. After September 11th, however, the rational has broadened to include increased security.

2:07 ï¿½if the issue of where you are born, Timothy McVeigh was born in this country, the American Taliban was born in this country, the unibomber, so we can not just put everybody in one lump.

Migalli suggests the state consider revising its policy, by allowing foreign nationals to apply at local DMVï¿½s just like everyone else. It may take longer, but Migalli argues people would be willing to wait.

Governor Shaheen says the state wants non-US citizens feel welcome.

4:33 ï¿½we are doing everything possible to make sure that people are served well in applying for those non-citizens drivers licenses. If there are concerns about how that service is being provided, then those concerns need to eb expressed. Director Beecher, Commissioner Flynn need to respond to that.

Concern has been expressed. And it came in the form of a New Hampshire American Civil Liberties Union request to view the policy in April. Executive Director Claire Ebel says two months later the Department of Safety has yet to comply with her request.

13:01 the fundamental concern is discrimination. That is what we fearï¿½that is why we are trying to obtain the policy. Read the policy, and determine whether there are justifiable reasons for treating a class of people differently. Which is the definition of discrimination. If you treat a class of people differently, without a legal justification that is de-facto discrimination, that is our concern.

Attorney General Phil McLaughlin has little doubt the policy is legally justified.

8:17 when a foreign national seeks to credential themselves, is it reasonable for us to insist on good evidence? Is it reasonable for us to have people trained to be document examiners? Is it reasonable for us to supervise these people carefully so they do it in an error free way? Is it reasonable to centralize that function in Concord when we are talking about the need to specially train these individuals and provide them with detection gear, such as document magnification equipment, ultraviolet scanning equipment, and computer verification of out of state license equipment.

Franklin Pierce Law School professor emeritus Dick Hesse can see a legal justification for centralizing the process to get the first New Hampshire license. But he canï¿½t see why a non-US citizen must also renew their license in Concord.

3:32 but when I think about renewal of driverï¿½s licenseï¿½It is done in a way that doesnï¿½t present to me, why a non-citizen would be treated any differently than I would be treated in seeking my driverï¿½s license and therefore, we might look at the stateï¿½s reason and say it doesnï¿½t seem like it is reasonable to have someone come to Concord.

AG McLaughlin says at this time, non-US citizens need special scrutiny.

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:31 I think it is necessary here to preserve the underlying fabric of our capacity to live as a constitutional democracy that we recognize we may have to be discriminating at this particular time b/c there are individuals who are among us that pose a clear and present danger to the continuity to this country.

In addition, McLaughlin says the expiration of a non-US citizen drivers license is tied to the expiration of the visa or green card. In effect, he says New Hampshire is asking non-US citizens to travel to Concord only when documents have to be authenticated.

For Professor Hesse, he is just concerned that the policy be fair.

12:38 if it is applied even handedly to all people, who present the same difficulty. While I might not like it, b/c it is inconvenient, I donï¿½t have a legal concern. The legal concern arises when some people are singled out to bear the burden of this revised system. And other people who present the same problems, are not required to bear the same burden. Now, I am legally concerned.

The Department of Safety refused to go on tape for this story. For NHPR News, Iï¿½m DG.