Memorandum

To:    TIRC Colleagues

From:    Adriana Cadena, TIRC Policy Analyst

Date:    August 6, 2000

Subject:  Update on Campaign to Preserve the Public Safety of All Texans

During the week of August 21^st, two meetings took place with DPS which have determined the strategy for the Public Safety Campaign.

August 22, 2000

Driver’s License/I.D. Application Requirements & Social Security Numbers Meeting
Hosted by The Honorable Miguel “Mike” D. Wise
Weslaco, Texas

Attendees:  

Colonel Thomas A. Davis, Jr., DPS Director
Chief Mike Anderson, DPS Director of the Driver License Division
Weslaco DPS Officer
State Representative Miguel “Mike” Wise (D-Weslaco)
Jesse Bernal, Chief of Staff, Office of Rep. Mike Wise
Marcela, Office of Rep. Mike Wise
Juanita Valdez-Cox, UFW
Genaro Rocha, UFW
Felicia Escobar, NCLR
Rogelio Nuñez, Casa de Proyecto Libertad
Benigno Peña, Southwest Texas Immigration Council
Adriana Cadena, TIRC

Goal:  To stall the adoption of Rules 15.24 and 15.30, Title 37 TAC, at the DPS Commission Monthly Meeting set for Thursday, August 24, 2000.

On Social Security Numbers

• DPS was asked to review Rule 15.42 that implements the SSN requirement and indicates that a letter from the Social Security Administration (SSA L-676) will be used as an alternative for those individuals who do not qualify for a SSN due to immigration status.
• DPS stated that Rule 15.42 was implemented in March 1999 and no comments were received when published in the Texas Register.
• DPS agreed that the interpretation of the welfare reform law was that the SSN be “recorded” and not “required.” 
• DPS dismissed the credibility of alternative identifiers to the SNN (such as the Individual Tax Identification Number) besides the SSA L-676.
• Colonel Davis stated that he would follow-up with SSA to ensure that the SSA L-676 is being issued to those individuals that do not qualify for a SSN.
• The UFW presented DPS with numerous written testimonies indicating that the letter is not being issued or is not being accepted at local DPS offices in the Rio Grande Valley.

On INS Documentation

• DPS was presented with arguments of why INS documents are not the only verifiable and traceable documents that non-U.S. citizens can provide, but DPS did not indicate their position to the alternatives. 
• There was confusion within DPS as to what are the documentation requirements for non-U.S. citizens.  (This was exemplified when the Weslaco DPS officer stated his office accepts “valid” Mexican passports; Chief Anderson stated that only passports with a valid U.S. visa were accepted.)
• Colonel Davis and Chief Anderson agreed to take the alternative identifiers to DPS legal counsel for further review.

Outcomes of the Meeting

• DPS did not state the recommendation it would make to the DPS Commission on August 24^th.
• Rule 15.42 will not be revised and DPS will work with SSA to ensure that the SSA L-676 is being issued.
• Rep. Mike Wise made it very clear to DPS that if changes were not adopted, he would file legislation in the Seventy-Seventh Legislature.
• Following the meeting, the UFW stated that if DPS adopts the amendments to accept Canadian birth certificates but not those from other countries, the UFW would consider filing a lawsuit on discrimination based on national origin.

August 24, 2000

DPS Commission Monthly Meeting
Austin, TX

Attendees:  

DPS Commission and Personnel, including:

Commission Chairman James B. Francis
Commissioner Robert Holt
Commissioner Colleen McHugh
Colonel Thomas A. Davis, Jr., DPS Director
Chief Mike Anderson, DPS Driver License Division Director

And:

Jesse Bernal, Office of Rep. Miguel Wise
Felicia Escobar, NCLR
Joe Berra, MALDEF
Adriana Cadena, TIRC

• Chief Mike Anderson recommended that DPS Commission adopt amendments to Rules 15.24 and 15.30 as published in the Texas Register on March 18, 2000.
• Chief Anderson also recommended that an additional amendment be added.  Under the category of supporting documentation to add consular identification cards and foreign valid passports without a U.S. visa. 
• HOWEVER, under supporting documentation, these documents, on their own, would not be sufficient to verify the identity of the applicant.  As supporting documents, consular I.D.’s and foreign valid passports are equated to utility bills and library cards.
• TIRC stated that the consular I.D. and foreign passport be included at least under documented identification, if not standalone identification.

Outcomes of the Meeting

• DPS Commission adopted the amendments as recommended by Chief Anderson allowing refugees, Canadian-born individuals, and foreign students (with a valid or expired U.S. visa) to apply for a driver’s license and I.D.  It also added the amendment to include consular identification cards and foreign valid passports without a U.S. visa under supporting documentation.
• Final adoption of Rules 15.24 and 15.30 will be published in the Texas Register (more than likely in October).  Responses to comments submitted will be published at the same time.

Next Steps for the Campaign to Preserve the Public Safety of All Texans

An administrative remedy has been exhausted.  State legislation will now be pursued.

1. Rep. Mike Wise has already asked legislative counsel to draft a bill that will be introduced in the Seventy-Seventh Texas Legislature.  TIRC has been working closely with Rep. Wise’s office providing background information and research to share with legislative counsel.
2. TIRC’s commitments:

1. Draft a sign-on letter to the DPS Commission protesting the adoption of the amendments to the rules.
2. Share information about Public Safety Campaign with community groups and non-traditional immigrant allies.
3. Document stories of affected individuals (citizens, LPR’s, TPS, refugees, undocumented).
4. Meet with district and state offices of state legislators to gain support.
5. Launch a media campaign on the issue targeting members of the House Committee on Public Safety and legislators with a high number of immigrant constituents (Op-Ed’s, news articles).

3. Once final adoption of the rules is taken, MALDEF would also consider filing a lawsuit on discrimination based on national origin.