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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
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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?