Can I Register A Car If Im A Illegal Alien

DOCUMENTS OBTAINED Under Liberty OF Information ACT
How U.South. Immigration & Customs Enforcement and Land Motor Vehicle Departments Share Information

MAY 2016

States accept taken major strides in enacting laws that make people eligible to obtain commuter's licenses or driving privilege cards regardless of their immigration condition.[1] The new laws allow for a distinct, marked license to exist issued to drivers who cannot satisfy the immigration, Social Security number, or other certificate-related requirements for obtaining a regular license nether the state's driver'south license laws. The number of people expected to utilize for licenses under the new laws is substantial. In California alone, over 605,000 people obtained a new commuter's license during the start twelvemonth that the state made the new type of license available.

Just many immigrants are concerned that whatsoever information provided to state commuter'southward license agencies volition be shared with U.S. Clearing and Community Enforcement (ICE), or that rogue constabulary officers or land agency employees or agents volition contact clearing authorities virtually people who have such a marked license, because they assume such people are undocumented.

FOIA Request and Lawsuit

In response to these concerns, NILC submitted a Freedom of Information Act (FOIA) request, in April 2014, to the U.S. Department of Homeland Security (DHS) and Water ice seeking documents pertaining to data-sharing between Water ice and land departments of motor vehicles (DMVs). Because Ice produced and so few documents in response, NILC filed a lawsuit against the agencies.[ii] As a upshot, NILC received hundreds of pages of additional documents. NILC also researched the limited number of publicly available documents concerning this thing to attempt to understand what kind of information-sharing occurs in practice.

What We've Learned So Far: Generally

What we accept learned so far is that in that location is a complex network of relationships and systems of communication between state commuter'southward license agencies and police force enforcement agencies, including Water ice. We know that ICE is able to use a network called Nlets (described below) to obtain certain information provided in driver's license applications and subsequent driver history (east.g., accidents and traffic offenses). If ICE is interested in particular individuals, information technology tin can employ this information to locate them. In improver, in a decentralized manner, Ice Enforcement and Removal Operations (ERO) field offices are in regular contact through email and other forms of advice with state DMVs exterior of the formal networks, to obtain information and photos in driver's license and vehicle registration databases and to collaborate with the state agencies in clearing enforcement.

ICE admits that no federal policy governs how and when it obtains information from DMVs. The agency has also denied that it volition "troll" driver's licenses databases to obtain bulk information virtually people with marked licenses. At the same fourth dimension, in its online FAQ about the Real ID Act,[three] DHS "cautions" confronting assuming that a driver with a marked license is undocumented, since these licenses are available to U.S. citizens and lawfully present people in many states, and there are many reasons why a person may choose to obtain a non–Existent ID-compliant license.[4] Another reason why people who have a non–REAL ID-compliant license should not be assumed to be undocumented is that, though they may not take had an authorized immigration condition when they got the license, their immigration status may take inverse since then. Yet, there is testify that, in some instances, ERO field offices take requested majority information from DMVs almost drivers with particular kinds of licenses or anybody whose vehicle is registered at a detail address.

What We've Learned And so Far: Specifics

Here are some specifics about what we've learned from the documents obtained through the FOIA request and lawsuit—and links to some of those documents.[5]

DMV databases are a longstanding, important source of information for Ice and other constabulary enforcement agencies. This has been true since long before states started issuing "marked" licenses.

DHS collaborates with DMVs and uses DMV databases in multiple ways:

To locate people for immigration enforcement purposes. DHS uses DMV databases to locate detail individuals. According to immigration expert Margaret Stock, "When DHS wants to find someone, the primary authorities database it relies upon is the driver license database."[6] And, according to the U.S. Authorities Accountability Office, Water ice agents consider the data in DMV records, amidst others, to be more current and reliable than the DHS address database.[7]
To utilise the DMVs' technological capacities. ICE relies on DMVs' use of facial recognition software to identify and locate targets,[8] and has asked DMVs to "run" the vehicles at a particular accost to determine who lives there.[9]
To ensure that the license a particular person is issued is marked. For case, in Nevada an Ice ERO office wanted to provide immigration information to the state then that the DMV would revoke a person's regular license, requiring the person to obtain a driver authority card instead.[x]
To collaborate in clearing enforcement. Ice and DMVs have in some cases collaborated to depict certain people to a DMV office so that ICE tin can arrest them,[11] and DMV employees have in some instances reported to ICE people they suspect are undocumented.[12]
To obtain or endeavour to obtain bulk information. For example, DHS has asked for information about people with temporary visas in order to identify individuals who could be deported.[xiii]

Simply no federal policies appear to govern Water ice access to or apply of DMV data.

As a DHS staffer admits in an email bulletin obtained through the FOIA request, "We don't have any specific policy guidance on when or how to request DMV data and I'm non enlightened of anything in the works to certificate beyond the common thread of having an information demand based on a need-to-know, which flows from an ongoing investigation or seeking a particular wanted individual."[14]
At the same time, in its FAQ ("for the Public") about REAL ID, DHS "cautions against assuming that possession of a noncompliant card indicates the holder is an undocumented private, given that several states issue noncompliant licenses for reasons unrelated to lawful presence."[15] But this cautionary note is not reflected in official policies.
As a issue of the failure to provide guidelines, at least some ERO field offices take developed their ain "initiatives" aimed at targeting people for immigration enforcement by using information submitted to DMVs.[xvi]

ICE has not been forthcoming about how it obtains DMV information.

ICE claims that it obtains DMV data primarily through an entity called Nlets,[17] which stands for "National Constabulary Enforcement Telecommunications Arrangement." According to its website, Nlets is "a private not for profit corporation owned by the States that was created over 45 years ago by the 50 state constabulary enforcement agencies."[18]
But Water ice did not produce documents showing how or when it uses Nlets.[19]
In fact, Water ice ERO field offices appear to communicate regularly with state DMVs past email or other informal means that are unregulated and unaccountable. Despite any claim to the contrary,[20] email exchanges appear to occur whether or not an automatic organization has been used. The communications have included: obtaining commuter's license photos,[21] obtaining a range of information well-nigh the license-holder or vehicle registration, and offering to aid in the anticipation of a person sought past ICE. The information provided by DMV employees includes materials that would not exist bachelor through Nlets.[22]

ICE'south explanations of when and how it uses DMV information are incomplete or misleading.

ICE claims that it uses DMV data primarily to locate already-identified priority targets,[23] and that it does not troll DMV records to identify enforcement targets.[24]
Only that merits is inconsistent with documents revealing that Ice asked a DMV to "run" all the vehicles at an accost, encouraged DMVs to force undocumented drivers to obtain a "marked" license, or sought majority data.

If ICE tracks data-sharing with DMVs, it hasn't made those records public, and it didn't provide them in response to the FOIA request.

At least some ERO field offices take signed an information use agreement or memorandum of understanding with country DMVs assuasive them electronic access to driver's license and motor vehicle data.[25]
Nether those agreements, users must keep logs of users, dates and times accessed, purpose accessed, discipline of inquiry, proper noun of user obtaining access, and copy of use agreement.[26]
Only ICE did not produce whatsoever such records in response to the FOIA request, and they are not publicly available.
Ice ERO records of communications with DMVs are episodic, random, and unsystematic. ICE produced no documents at all from many ERO field offices and widely varying numbers of documents from others, providing no reasonable explanation for the inconsistencies.

RECOMMENDATIONS

♦♦ For the Department of Homeland Security and U.S. Clearing & Customs Enforcement

Ice must establish clear and public policies binding on ICE Enforcement and Removal field offices regarding when and how its agents can obtain information from country DMVs. Under these policies:

Ice should non be permitted to make bulk requests for state DMV information (such every bit data regarding all the drivers with particular visas or particular kinds of licenses, or the registrations of all the vehicles at a item address), whether through national or state criminal justice networks or through informal ways such every bit emails or phone requests.
ICE should non seek or obtain DMV commuter or vehicle registration data on individuals without providing a court order or amendment.
ICE should not inquire a state to use, or rely upon a state's use of, facial recognition software for driver's license photos.

DHS should review and make public ICE's use of DMV information on an ongoing basis.

The DHS Part of Inspector General should regularly audit, investigate, and publicly report on ICE'southward use of DMV information.

The DHS Privacy Office should conduct a privacy impact cess on the systems used and effects of information-sharing between DMVs and ICE.

♦♦ For States

States should adopt policies…

requiring Ice to nowadays a subpoena or court order in social club to obtain DMV driver and vehicle registration data
ensuring that ICE access to driver and vehicle registration data through national or state criminal justice networks is regulated to the extent possible
restricting DMV personnel from providing driver's license and vehicle registration information to ICE through informal ways, such equally emails or phone calls
limiting the use of facial recognition software and photo-sharing for immigration enforcement purposes

States should inspect and make public any information regarding DMV disclosure of driver or vehicle registration information.

States should adopt the broadest possible confidentiality and antidiscrimination protections , inspect whether these protections are beingness observed, and limit collection and retention of information that might reveal clearing condition or be used for immigration enforcement.

States should make public their current practices and policies regarding sharing of DMV driver and vehicle registration data with Ice.

NOTES

[one] Since 2013, ix states, plus the District of Columbia and Puerto Rico, have enacted such laws. Utah has issued a driving privilege carte du jour since 2005. For many years, Washington and New United mexican states accept issued the same driver'southward license to citizens and immigrants alike. But starting time this year, drivers in New Mexico who cannot testify that they have a lawful immigration or citizenship status (as defined in the federal Real ID Human activity) volition be eligible only for a driving authorization card (DAC). Citizens and well-nigh lawfully present immigrants volition exist able to choose whether to obtain a DAC or a driver'south license that is acceptable as identification for certain official federal purposes. Vermont, similarly, allows citizens and lawfully nowadays immigrants to obtain the same marked license that is bachelor to undocumented immigrants.

[2] National Immigration Law Center v. U.S. Dept. of Homeland Security, et al., www.nilc.org/wp-content/uploads/2015/12/NILC-v-DHS-DLs-FOIA-complaint-2014-12-17.pdf. A complete set of the documents obtained from DHS and Water ice equally a consequence of the FOIA request and lawsuit is available from www.nilc.org/issues/drivers-licenses/ice-dmvs-share-information/#docs.

[3] Existent ID Frequently Asked Questions for the Public, https://world wide web.dhs.gov/real-id-public-faqs. "Passed by Congress in 2005, the Real ID Human activity enacted the 9/11 Committee'due south recommendation that the Federal Government 'prepare standards for the issuance of sources of identification, such as driver's licenses.' The Human action established minimum security standards for state-issued commuter's licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that exercise non meet these standards."

[iv] Id. Run across the answer to "How does Real ID implementation touch on states that provide driver'due south licenses and IDs to sure non-citizens/undocumented immigrants?"

[5] Each link to a document or set of documents is accompanied past a citation to Bates page numbers that appear in the lesser-right corner of each folio obtained under the FOIA asking and lawsuit. The last three digits of each Bates number constitute that folio's Bates page number. In the set of documents obtained by NILC under the FOIA, the pages are Bates-numbered 001 through 541.

[6] Commuter Licenses and National Security, www.drivers.com/article/971/.

[7] Alien Registration: Usefulness of a Nonimmigrant Alien Annual Address Reporting Requirement Is Questionable, www.gao.gov/products/GAO-05-204.

[8] Bates pp. 263, 461.

[ix] Bates pp. 358–59.

[10] Bates pp. 204; 206–07.

[11] Bates pp. 47–48.

[12] Bates pp. 392–96. In Illinois, an employee of the Office of the Secretary of State (the land'due south motor vehicles section) contacted ICE regarding an applicant, who was then arrested by Water ice when he went for a license appointment. In response to public exposure of the incident and force per unit area from advocates, the Illinois Secretarial assistant of Country Department of Constabulary instituted a policy limiting such contacts. "For those who have only a "detainer warrant, discover of action or removal order, with no other indication of felony criminal action, we will continue to process the bidder for a TVDL [Temporary Visitor Driver'due south License] without notifying Water ice. … By making the enquiry on LEADS [Law Enforcement Automated Database System], Water ice will go aware we take information regarding the individual. If ICE makes a valid asking for that information, we will provide it, but we volition non initiate the contact or volunteer the data."

[13] Bates pp. 27–28; 124–25; 140; 289.

[fourteen] Bates p. 406.

[15] REAL ID Ofttimes Asked Questions for the Public, supra note 3 (see the answer to "How does REAL ID implementation bear on states that provide driver'south licenses and IDs to certain not-citizens/undocumented immigrants?"; hyperlink added).

[16] Bates pp. 534–41. A previously submitted FOIA request likewise uncovered details nearly the Atlanta ERO field office'southward initiative, available at world wide web.documentcloud.org/documents/603861-ice-documents.html.

[17] Bates p. 413.

[18] Nlets: Who We Are: Mission & Vision, www.nlets.org/about/who-we-are. The Nlets website describes Nlets as "the premiere interstate justice and public safety network in the nation for the exchange of law enforcement-, criminal justice-, and public safety–related information. … The user population is made up of all of the United States and its territories, all Federal agencies with a justice component, selected international agencies, and a diverseness of strategic partners that serve the law enforcement community—cooperatively exchanging information." Id.

[19] Screenshots of the state's automated responses to a driver's license query contained in the Nlets User Policy Manual (December 2013), https://www.dropbox.com/s/anb7ah55hpptasv/3%20%20NLETS%20User%20Policy%20Manual_Redacted.pdf, include information on the license (such as the driver's proper name, address, date of nascence, description, license blazon, such every bit commercial or noncommercial, restrictions, license number, and issuance and expiration dates) and subsequent driver history, such every bit accidents or citations. The automated responses exercise not reveal whether the private possesses a marked license.

[20] Bates p. 401.

[21] Driver'due south license photos have greater protection than other DMV information, and ICE does not have automatic access to them. See Bates pp. 401; 423–32.

[22] Bates pp. 276–77.

[23] Bates p. 401.

[24] See "Raid Spurs Fear of Driver's Licenses Amongst Immigrants," Baltimore Sun, Sept. 20, 2014, www.baltimoresun.com/news/maryland/bs-md-immigrant-licenses-20140920-story.html.

[25] Bates pp. 297–303.

[26] Bates p. 319.