Governor O'Malley Now Supports "Legal Presence" - JPR Committee Votes Favorable - But Is the Damage Done? 3-19-09

Republican legislators have pressed state officials for the past three years to require proof of legal presence for the issuance of a Maryland drivers' license arguing that the state must comply with the federal REAL ID Act to support national anti-terrorism efforts.  One of the penalties under the federal law is that a Maryland drivers’ license would be rejected by the Transportation Security Administration (TSA) for air travel and by other federal agencies for admission to federal buildings.

This session, there are bills introduced by three Senators to require legal presence:  Senator Janet Greenip, R – Anne Arundel County (Senate Bill 27 – Vehicle Laws – Drivers’ Licensing of Illegal Aliens - Restrictions and Senate Bill 244 – Vehicle Laws – Drivers’ Licenses, Identification Cards and Moped Operators’ Permits – Proof of Lawful Presence);  Senator David R. Brinkley, R - Frederick & Carroll Counties (Senate Bill 208 – Vehicle Laws – Drivers’ Licenses and Identification Cards – Lawful Presence in United States); and Senator Norman Stone, D – Baltimore County (Senate Bill 369 Vehicle Laws – Proof of Lawful Presence Act of 2009).

In a voting session of the Judicial Proceedings Committee last night, the committee gave a favorable vote to Senate Bill 369 and amended additional sponsors to Senator Stone's bill.  There is hope that Maryland will withdraw its status as the only state east of the Rocky Mountains that does not require legal presence in issuing a drivers' license.

The O’Malley Administration has flip-flopped over this issue in the past.  Last year, prior to the 2008 legislative session, the Governor pledged support for implementing proof of legal presence but then reversed his position, caving in to the opposition of immigrant groups that have become a major voting bloc of the Democrat Party.

Democrat Senators also rejected an amendment offered by Senator Brinkley on the Senate floor last year that would have required proof of legal presence by a 23-24 vote.  The amendment was offered to an MVA departmental bill and was supported by all members of the Senate Republican caucus (for more information, see the 2008 press release on Senator Brinkley webpage click here)

Why the big change of heart by Democrats this year?

Obviously, political realities have set in.  Even though the Democrat Party receives nearly unanimous support from immigrant groups, consider this potential scenario:  sometime over the next year – just prior to the 2010 elections – there is a terrorist attack on the United States.  The terrorists involved gained access using Maryland drivers’ licenses.  Congress passes emergency legislation enacting strict requirements for identification and Maryland drivers’ licenses are no longer valid for air travel or other basic purposes.  Just imagine the voter backlash on Maryland’s top officials for their lack of compliance with the federal anti-terrorism laws.

Yes, legislation to require proof of legal presence in Maryland may pass this year, but is it too late?  Much of the questioning at the bill hearing held in the Judcial Proceedings Committee focused on the large number of Maryland drivers’ licenses already distributed among the out-of-country population. 

As one of only four states that currently does not require legal presence, Maryland has been a sanctuary state for illegal immigrants throughout the country.  In response to questions from the Chairman of the Judcial Proceedings Committee, Administrator John T. Kuo responded that the MVA is administratively overwhelmed by its out-of-country application process (to see details click here).  When telephone calls crashed the regular MVA toll-free number customer service center, a special telephone line was set up for the out-of-country license process.  It has received over a million phone calls.

Moreover, states throughout the nation have listed Maryland drivers’ licenses on the rejection list for reciprocal identification purposes.  Between six to twelve states currently will not accept a Maryland drivers’ license for legal identification in their state (i.e. they will not accept it for proof of legal presence to receive a drivers’ license in their state).

The delay in enacting proof of legal presence legislation has placed Maryland citizens in a precarious position.  Passage of legislation this year is only the first step in restoring the integrity of the system.  Our drivers’ license system has been compromised and, even with passage this year, it may take years to recover from the damage done to anyone holding a Maryland drivers’ license.