AUSTIN – A civil rights coalition that includes State Rep. Ruth McClendon of San Antonio and the American Civil Liberties Union (ACLU) of Texas today said new driver’s license rules published by the Texas Department of Public Safety (DPS) pose an impermissible hardship to citizens and non-U.S. citizens with permission to reside lawfully in the U.S.

In a press conference in the Speaker’s Room at the State Capitol, the Mexican American Legal Defense and Educational Fund (MALDEF), the League of United Latin American Citizens (LULAC) and the Texas Chapter of the American Immigration Lawyers Association (AILA) joined with Rep. McClendon, other state legislators and the ACLU to ask that the rules be rescinded. 

The rules, which went into effect October 1, put an unfair burden on non-citizens who have permission to reside in the U.S.  The new rules require many license holders to provide annual proof of immigration status and perform in-person renewals, putting a strain on DPS resources and negatively affecting some university faculty and students, as well as international businesspeople.

They also require some citizens and legal permanent residents to prove their citizenship or immigration status, even if they have previously held a valid Texas driver’s license.  For the millions of U.S. citizens who have no birth certificate, and may never have had a reason to obtain a passport, this requirement is unduly burdensome and unfair.

“Many persons have assumed, incorrectly, that the rules only apply to 'undocumented' drivers who are not here in the United States lawfully,” said McClendon. “To the contrary, the major policy implications of this rule are broad and would potentially impact the constitutional rights of all Texans, including those who are already U.S. citizens or permanent, legal residents who possess a valid driver's license.”

DPS may have also overreached its authority by attempting to define immigration policy with the new rules, which represent “a major policy decision, and should not be initiated as part of agency rule-making,” said McClendon.

The new rules call for legal non-citizens who are not legal permanent residents to be issued a license with a vertical format, unlike the horizontal licenses issued to most Texas drivers. These licenses will also be labeled with a “Temporary Visitor” status, as well as the date on which the individual’s immigrant visa expires.

"By creating unreasonable burdens on Texans applying for driver’s licenses, we expect this to lead to an increase in unlicensed and uninsured drivers.  That kind of policy actually makes Texas less safe," Rebecca Bernhardt, director of policy development for the ACLU of Texas, said.

It all amounts to a scenario in which legal immigrants and citizens who may become "profiled" as immigrants are singled out, creating an environment ripe for discrimination and racial profiling.

“Creating a visually different driver’s license for some lawfully present immigrants serves no purpose, but to encourage wrongful profiling,” stated Luis Figueroa, legislative staff attorney for MALDEF.

Rep. McClendon, the ACLU, MALDEF, LULAC and the Texas Chapter of AILA renew their call for the Texas Public Safety Commission to rescind the new rules it adopted for DPS.

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