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March 13, 2008

ACLU: DMV changes Social Security card requirement

The Rhode Island Division of Motor Vehicles has pulled back a requirement that all people renewing driver's licenses show Social Security cards, under a legal settlement.

The ACLU filed a Superior Court lawsuit last month, asserting the DMV "had no statutory authority to implement the policy and that it violated the due process rights of licensees," according to the ACLU's Rhode Island chapter news release today.

Social Security cards came up in a different situation this week in the story of a Providence store owner who demanded to see the card of one or both of two Spanish-speaking customers.

Under a consent judgment filed today concerning the DMV policy, the ACLU said, the DMV agrees:

* To “immediately cease and desist ... mandating the production of an official Social Security card to individuals seeking to renew their licenses or state identification cards."

* To let people whose renewal applications were rejected between Aug. 1, 2007 and March 13 only for failing to present a Social Security card to be renewed without penalty as they fulfill all other legal requirements.

* To immediately put in place rule-making proceedings to amend the DMV regulations and repeal the rule that came under fire in the lawsuit. The result will be "formally eliminating the Social Security card requirement for people applying for and renewing their driver’s licenses or identification cards."

* To pay $250 in court costs.

The agreement says the DMV does keep the right to “collect Social Security numbers from individuals seeking license or identification renewal in the event the numbers are not already on record” with the DMV.

-- projo.com staff writer Michael P. McKinney

The ACLU said the suit was filed on behalf of Providence resident Wendy Becker, who could not get her license renewed because she did not have her Social Security card. "Although the DMV initially claimed that the policy was adopted in order to comply with federal law, the lawsuit noted there was no basis for that claim," the ACLU release says.

James Kelleher, the ACLU volunteer lawyer who filed the suit, said in the news release the goal was was to "gently remind those in power that their authority is limited by law. While pleased that this particular goal has been achieved, it is unfortunate that this unlawful Social Security card rule has left an unintended residue as evidenced by the disgraceful scene that unfolded earlier this week at a local business. Perhaps this victory will offer some caution to those who would overstep the boundaries of law and decency.”

Posted by Mike McKinney  at 1:29 PM | Permalink

Comments

One step forward, two steps back.

I went to the Pawtucket DMV last week to transfer my registration and was going to update my license while there. I was told that I needed my social security card to do so which I hadn’t thought to bring with me that day.

In light of the recent DMV workers who were caught falsifying licenses for illegal immigrants with fake or stolen social security numbers I thought the request was reasonable and decided I would just return at a later date to complete that particular transaction.

I don't understand why the ACLU is getting involved when it is obvious we need to prove that people who are driving on our roads are being fairly licensed (meaning they have taken a road test, understand the signage used on the roads, understand the insurance requirements mandated by the state, they can prove they are the person they are representing themselves as, etc.) and are properly documented and accounted for.

What is the big deal about showing this document if it helps keep ineligible drivers off our roads?

katie | March 13, 2008 2:39 PM link

The driver's license is the defacto national ID in this country. Employers take the driver's license to be proof by a government agency that the person is legally in the country. There should be a legal presence requirement to get a license. Imigration is a federal issue and covered under the supremacy clause. By statute, licenses can only be issued to residents. How can Rhode Island declare someone a resident whose very presence violates federal law?

I wonder if the ACLU people would feel the same way if people got drivers' licenses in their names.

Bob | March 13, 2008 5:23 PM link

The point is that the number is matched to the name and date of birth on record at the Social Security Administration. A Social Security Card does not have a photo and does nothing to enhance security of driver's licenses. The number being matched to the SSA database is where the security is. Requiring the card be displayed was an unnecessary burden that did not increase security.

Miguel | March 13, 2008 7:24 PM link

"requiring the card be displayed was an unnecessary burden that did not increase security"

I wouldnt care if I had to show my social security card along with proof of residence and anything else they can come up with to positively identify me as who I say I am EACH AND EVERY TIME I went in the DMV for ANY reason - IF it meant it helped curb abuses of the system.

Can the ProJo do a poll to see if RI residents object to showing their social secuirty card? or if this is just the ACLU objecting?

katie | March 13, 2008 7:34 PM link

I also have no problem whatsoever providing my SSN or passport or whatever if it will help prevent any fraud in the least. It seems to me that people with something to hide are the ones that object to submitting id to verify they are who they say. However if Mr Brown of the ACLU were to get tickets in the mail for a vehicle that he doesn't own but is registered in his name, he might feel a little bit different. Oh thats right we are just the pee-ons. We are the fools that follow the rules and we are the ones that get our rights violated! Law abiding citizens WAKE UP!! We are the ones being discriminated against!! It doesnt pay to obey the law. Come to this country illegally, defraud the social service programs, get free healthcare and housing assistance and drive that new Escalade or Lexus. Ill just peddle along in my 91 Chevy while I pay for it. Do I sound bitter? Maybe but I feel offended and no one cares about that!!

mike | March 13, 2008 11:13 PM link


I think the ACLU should be proud. Another nail in the coffin of the state's finances, one step closer to bankruptcy.

Destruction is welcomed in baby steps. The real test will be what the attorney of record will be doing in a couple of years when the last business leaves the state.

I suspect he'll be saying, "....but I meant well."

Theodore Baar | March 13, 2008 11:55 PM link

what we need is for an illegal immigrant to be involved in a car accident with one of these liberal aclu people for them to open their eyes and stop supporting illegal immigration.

chris | March 14, 2008 7:06 AM link

It just so happens that I work for a company that is in the process of renewing the entire computer system for licensing and registration in the state of Rhode Island, and various other states.

Even when you do not have your SS-card with you, your information will be crosschecked against a variety of other databases to detect forms of fraude. In one or more of those crosschecks your SSN will come up, unless it is your first application for ID or DL.

The requirement that the state of RI placed on bringing your SS-card was to ensure that there is no wrong information in the systems. As proven last year, fraude can happen by giving out licenses to people who are illegal in this country. All the states that are considered "border-states" have been urged by federal authorities to increase the methods of identity-assurance. The requirement to bring your SS-card was part of that method.

Wendy Becker, the person who filed this claim with the ACLU, may have misplaced her SS-card, which could have been re-issued for free (in a 10 minute transaction) at the Social Security Office upon establishing her identity in the form of showing her birth certificate and supporting documentation. I guess taking the state to the courthouse was an easier procedure.

David | March 14, 2008 10:11 AM link

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