Unauthorized immigrants and Hawaii residents who have lost important identification documents, such as Social Security cards, birth certificates and passports, can now get a limited-purpose Hawaii driver’s license under a new law aimed at sidestepping stringent federal ID requirements enacted in response to the Sept. 11, 2001, terrorist attacks.
Act 172, which went into effect Friday, is supported by advocates for immigrants, as well as homeless service providers who say their clients often lose documents during city sweeps of homeless camps or because of the difficulty in keeping track of belongings while living in shelters or on the streets.
The law prohibits county motor vehicle departments from taking immigration status into account when issuing the limited-purpose driver’s licenses. Hawaii residents can use a long list of supporting documentation to prove their identities, such as a wage stub, home utility bill, lease or rental agreement, voter registration card or official school transcript.
The driver’s licenses are a different color and design from regular licenses and indicate that they are not an acceptable form of federal identification. They can’t be used to obtain public benefits, establish employment eligibility or register to vote, according to the law.
Act 172 was passed in response to the Real ID Act, signed into law by then-President George W. Bush in 2005, which requires states to enact much stricter identification requirements for obtaining or renewing a driver’s license. Proof of birth, legal status, Social Security number and residence is required to obtain a new license.
Hawaii is among 20 states that are fully compliant with the federal law, according to information from the U.S. Department of Homeland Security. Other states have pushed back against the requirements out of privacy concerns.
Last month the Department of Homeland Security began warning states that haven’t complied with the law that their residents might not be able to board airplanes in the coming months if they don’t have a Real ID-compliant license.
A Hawaii provisional driver’s license, or learning permit, can’t be used to board an airplane, but it is expected to improve road safety and ensure that residents who are having problems producing the more stringent documentation can still get to work, drop their kids off at school and run errands.
“The reality is if people need to get somewhere, people are going to drive, especially on the neighbor islands,” said Clare Hanusz, chairwoman of the Hawaii chapter of the American Immigration Lawyers Association and an attorney at Damon Key Leong Kupchak Hastert.
Unlicensed drivers are nearly five times more likely to be involved in a fatal car crash than licensed drivers, according to the American Automobile Association.
The law allows people who can’t meet the federal identification requirements to obtain learner’s permits, take driver’s education classes, obtain a license and get automobile insurance.
“People are on the road anyway,” said Hanusz. “So it’s a win-win all the way around.”
While immigrants here without legal permission and homeless residents might benefit the most from the new law, supporters of Act 172 say that there are also immigrants with legal permission and residents who are also struggling to meet the Real ID Act identification requirements.
For example, a foreign engineer working at a local firm wasn’t able to renew his driver’s license while he awaited a ruling by federal immigration officials on his request to extend his stay even though he was legally allowed to remain and work in the U.S., according to testimony that the American Immigration Lawyers Association submitted in support of the measure.
For homeless or other residents who have lost important documents, it can also be a cumbersome process to work through the government bureaucracy to obtain replacements, especially if they’ve lost everything.
“If you have nothing it can be a really lengthy process,” said Scott Fuji, executive director of Honolulu’s Phocused, a nonprofit advocating on behalf of the state’s most vulnerable.
The repercussions of not having a photo ID can go beyond driving, he noted. Landlords and utility companies usually require such identification.
Act 172 prohibits law enforcement from using the limited-purpose driver’s licenses as evidence of a person’s citizenship or immigration status — a provision meant to protect immigrants without legal permission who may be fearful that the licenses will be seen by law enforcement as a red flag.
The measure was opposed by the Hawaii County Police Department, which submitted written testimony against the legislation last year saying that it would encourage illegal immigration.
“We believe this measure will have the effect of inviting even more undocumented foreign nationals to our state in direct violation of federal law,” wrote Police Chief Harry Kubojiri. “In effect, we would for all intents and purposes be aiding a small segment of the community who has made a conscious effort to violate federal laws which are in place for the benefit of the larger segment of the community.”
Another law affecting Hawaii drivers also took effect Friday. Act 40 allows residents who have had their driver’s license revoked for driving while intoxicated to begin the process of getting their license back 30 days before the revocation period ends.
Residents convicted of a DUI have to retake the written test, get an instructional permit and take a road test in order to get their license reinstated — a process that can take months, according to the Honolulu Police Department. Under Act 40, residents with a DUI can get a jump-start on the process.
