Transportation and Telecommunications

Driver’s licenses requested for young immigrants

Nebraska would join other states in allowing young immigrants to drive under legislation heard by the Transportation and Telecommunications Committee March 3.

Introduced by Omaha Sen. Jeremy Nordquist, LB623 would allow Nebraska residents of driving age who are covered by the federal Deferred Action of Childhood Arrivals (DACA) program to secure a driver’s license or state identification card.

Administered by the U.S. Department of Homeland Security, the DACA program is designed to protect from deportation individuals who were brought into the country illegally as children. Those who meet DACA guidelines are eligible for a work permit and may request deferred action for two years, subject to renewal. To qualify for the program residents must have:
• lived in the U.S. continuously since June 15, 2007;
• been no older than 31 as of June 15, 2012;
• entered the country prior to their 16th birthday;
• attended school, earned a diploma or general education certificate or been honorably discharged from the U.S. Armed Forces; and
• not been convicted of a felony or significant misdemeanors.

In August 2012, then Governor Dave Heineman directed the state Department of Motor Vehicles to deny driver’s licenses to DACA recipients on the grounds that state law forbids granting public benefits to illegal aliens. Lawsuits are pending against Heineman and the department to stop them from withholding the licenses.

Nordquist said Nebraska is the only state in the country that prohibits young illegal immigrants, commonly referred to as “dreamers,” from having driver’s licenses. The Heineman administration acted erroneously, he said, because DACA recipients are given lawful status under federal law. Young immigrants need the ability to drive to pursue an education and careers, which, he said, ultimately would benefit the state socially and economically.

“Dreamers are not citizens yet, but lawfully present,” Nordquist said. “Why would we want to limit their ability to work and contribute to the economy?”

Jerry Kuenning of the Nebraska Cattlemen testified in support of the bill. He said the state’s 2,300 DACA recipients represent an important labor pool for Nebraska’s economy. The state’s agriculture-based businesses could not survive without those skilled workers, he said.

“This bill is an important step to promote the growth of this workforce in rural Nebraska,” he said.

Fatima Flores-Lagunas, a DACA recipient, also spoke in favor of the bill. Not being able to drive is an overwhelming barrier for immigrants who want to get degrees, jobs and give back to their communities, she said.

“I’m disappointed, saddened and hurt that the state I love has turned its back on me,” she said.

Maria Flores, another DACA recipient, agreed, saying that the state’s policy is preventing her from using the degree she earned in Nebraska to pursue a career as a social worker. Speaking in support of the bill, she said she is being forced to consider leaving her family and home to use her skills elsewhere.

“I have had many blessings here in Nebraska, but I wonder if it would be easier in another state,” Flores said.

Beverly Reicks, president of the National Safety Council Nebraska, spoke in favor of the bill. Besides serving as a critical piece of identification, a driver’s license typically makes for a safer driver, she said. An unlicensed driver is 9.5 times more likely to leave the scene of an accident, she said, and in 2011, 11.5 percent of drivers involved in fatal accidents had no license.

“Denying driver’s licenses to one segment of society makes everyone less safe,” Reicks said.

Kristin Fearnow, an immigration attorney, also testified in support of the bill, saying that deferred action has benefited the country socially and economically. About 70 percent of DACA recipients reported getting their first job, 45 percent reported receiving higher wages, 50 percent opened their first bank account and 57 got their first driver’s license, she said. A driver’s license increases professional potential, she said, which increases spending power and grows the tax base.

“This bill will allow so many incredibly talented people to better contribute to the state,” Fearnow said.

Susan Gumm of Nebraska Taxpayers For Freedom testified in opposition to the bill. People in the country illegally create unnecessary competition for jobs, benefits and classroom space in this country, she said.

“I am against granting privileges to those in the United States illegally at the expense of citizens who are in need of similar opportunities,” she said.

The committee took no immediate action on the bill.

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