Guest Mindsetter™ Pimentel: Immigration, Driver’s Licenses and the Fight for Civil Rights

Rodrigo Pimentel, GoLocal Guest Mindsetter™

Guest Mindsetter™ Pimentel: Immigration, Driver’s Licenses and the Fight for Civil Rights

Two supporters of licenses for immigrants during the 2016 General Assembly session. Photo: GoLocal
Throughout history, the civil rights movement has fought against social, political, and economic injustice. With each generation progress has been made, from Seneca Falls to the steps of Lincoln Memorial.

Today we face a civil rights struggle of our own, as unjust laws have split apart undocumented families and youth, as demagogues have attempted to divide-and-conquer our great nation, pinning worker against worker, white against black and documented against undocumented. Much like the Jim Crow laws of the past, new unjust and discriminatory laws are being passed, with the explicit intent to tell those who differ by the pigment of their skin, the nation they are from, the language they speak or the God they pray to, that they are not welcome, that they cannot pursue the American Dream, that they are not even allowed to drive to work or their children to school — all because we deprive them the opportunity of Citizenship.

Legislators Cannot Be Indifferent

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Legislators cannot respond to this grievous violation of human dignity with inaction and indifference. Legislators have a duty to ensure equal protection under the law, meaning that states must take the lead to prevent discrimination against undocumented immigrants. By providing access to driver’s licenses, higher education, and equal opportunity, States may then begin towards the path of ensuring equal protection.

In recent years, states have shown a concerted effort to discriminate and target undocumented immigrants. Legislation such as Arizona’s SB 1070 and Georgia’s SB 350 have institutionalized racial profiling against undocumented immigrants. In the case of SB 1070, the Supreme Court preempted three of four of its provisions in Arizona v. United States, ruling that: “...making criminals out of aliens engaged in unauthorized work—aliens who already face the possibility of employer exploitation because of their removable status—would be inconsistent with federal policy and objectives.”

In Georgia, SB 350 has targeted unlicensed drivers by criminalizing driving without a license — including punishments of up to five years in prison, leading to a significantly disproportionate number arrests of people of color. For instance, in Fayette County, Hispanics make up 6.9 percent of the population but 17 percent of arrests. In Roswell City, Latinos make up 13.1 percent of the population, but 63 percent of those arrested, whereas whites make up 75.4 percent, but only 8.4 percent of arrests. The same discriminatory trend also applied to African Americans in Fayette County and Houston County.  As the statistics show,  Georgia's SB 350 specifically and disproportionately targeted people of color, making it an unjust law that codifies a violent discomfort of racial diversity and a desire to subjugate those who they see as less-than, so the economic exploitation of undocumented workers may continue.  

E-Verify - Separate but Unequal

For instance, many states have required the use of E-verify by all employers. The E-verify program assists employers in verifying whether or not a prospective employee is authorized to work in the United States. While well intentioned, this law forces undocumented workers off of the payrolls, and into the black market where only unscrupulous employers are willing to hire them.  Although E-verify is different from the Black Codes and Jim Crow laws that were a focus of the civil rights movement, the result is the same: creating a separate but unequal labor pool that is ripe for exploitation. Black Codes enabled the former slave owner to continue their economic exploitation, by utilizing enticement laws which criminalized the act of hiring blacks who were under an active labor contract, even if it meant better wages and working conditions.

Other states, however, have taken a far more equitable approach in regards to undocumented immigration, even as Congress is stalled in gridlock. New Mexico, for instance, is one of a dozen states that have allowed residents regardless of their immigration status to earn a driver’s license. California has passed its version of the DREAM Act, allowing undocumented students access to education, including financial assistance that can mean the difference in attending college or not.  These states have taken bold action to better the economic mobility of an oft-forgotten group. They have taken the high road instead of the path of separate but unequal. 

In Rhode Island, residents have been advocating for action on driver’s licenses for immigrants. In 2014, Gina Raimondo made a campaign promise to the Immigrants in Action Committee that she would sign an executive order in her first year. Instead of issuing an executive order, she has since responded with inaction, opting to pass the buck to the General Assembly.  While legislation has been introduced, it has not yet passed the General Assembly.  The House Speaker, Nicholas Mattiello (along with his leadership team) has refused to let the bill out of committee for a vote. Earlier in May, Mattiello stated: “I have reviewed the testimony from the House Judiciary Committee hearing, and I have listened to many people throughout the state. This is a federal issue, and I don’t think the state should be weighing in at this time”. Rather than employ his knowledge as a lawyer in his statement, Mattiello cleverly opted for dog-whistle rhetoric to please his voters.

The fact of the matter is, issuing driver’s licenses is indeed a right of a State, and that the federal REAL ID Act explicitly allows states to issue driver’s licenses to undocumented immigrants, provided that they are not valid for federal ID purposes. Furthermore, the legislation introduced in the last session in Rhode Island would create REAL ID compliant driver’s licenses for undocumented immigrants. Unfortunately, dog-whistle and demagogic rhetoric have been obfuscating the facts, an all too common theme this election cycle.  

Immigrants have come to America, they have brought her their cultures, their traditions, and their ingenuity. Immigrants have risked it all in starting their businesses, they have fought alongside American workers in unionizing workplaces, fighting for higher wages and safer conditions. And yet, our legislators treat them as separate, and unequal. Rhode Island lawmakers have a choice: they can correct this long-standing injustice, they can ensure equal protection under the law for workers, documented, and undocumented, or they can tell thousands of undocumented workers, families, and children in Rhode Island that they are not even worthy of a driver’s license. Legislators can acknowledge their humanity, or they can succumb to nativist, discriminatory policies of the past.

Rodrigo Pimentel is an organizer with the Coalition for Safer Rhodes and a resident of East Providence, RI.


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