BILL NUMBER: S7559A

SPONSOR: ALCANTARA
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to a driver's license issued to a person in the federal
deferred action for childhood arrivals program

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Allows for a driver's license to be kept by a person in the federal
deferred action for childhood arrivals programs

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The vehicle and traffic law is amended by adding a new
section 502-b to read as follows: s 502-b. Childhood arrivals program
licensing.l. Prevention of license suspension. Notwithstanding any other
provision of law, the department shall not cancel, suspend or rescind
the driver's license, learner's permit, or non-driver identification
card issued to a person enrolled in the federal deferred action for
childhood arrivals program if and/or when such program is ended by the
              

federal government. 2. Application for license. Notwithstanding any
other provision of law, the department shall allow a person who was
formerly enrolled in the federal deferred action for childhood arrivals
program and continues to meet the requirements of the program as they
existed at the time of enrollment to apply for or renew such person's
driver's license, learner's permit, or non-driver identification card if
such person meets all requirements other than such requirements related
to immigration status.

Section 2: This act shall take effect immediately.

 
JUSTIFICATION:

A driver's license is a necessity throughout most of New York where
public transportation is limited or non-existent. As a result, simple
needs like traveling to work, picking up groceries and dropping a child
off at school become a struggle. Allowing the Department of Motor Vehi-
cles to allow immigrants who enrolled in DACA to retain their drivers
licenses, would remove the daily roadblocks people face without a vehi-
cle and makes it easier for all New Yorkers to provide for their fami-
lies. Even New York City with its extensive subway and bus network,
there are still transit deserts in many communities and long indirect
routes to neighboring locations otherwise close by car.  Allowing immi-
grants to keep licenses would not only cut hours to travel off New York
City commuters, it would continue to generate revenues.

Since the inception of DACA in 2012, over 41,000 New Yorkers have been
granted DACA status and over 53,000 have had their special status
renewed by the federal government. All are eligible for a New York State
driver's license even though not all have applied for one. The civic and
economic contribution of DACA enrollees and all DREAMERs has been and
continue to be positive for our nation and the communities they call
home. New York State has the third largest number of DACA enrollees in
the nation. Ending DACA will impact the President's home state in
unquantifiable pain and suffering. No nation that claims to be a bastion
of civil society can justify removing children from its territorial
borders and deporting them to places they never called home.

The courts have protected DACA enrollees. In July 2014, the U.S. Court
of Appeals for the Ninth Circuit ordered the Arizona Department of
Transportation to end its policy of denying licenses to DACA recipients,
finding that the policy discriminates against them. After the Ninth
Circuit and the U.S. Supreme Court denied the state's request to put the
ruling on hold, the district court ordered the Arizona Department of
Transportation to stop denying driver's licenses to otherwise-eligible
DACA grantees, effective Dec. 22, 2014. On Jan. 22, 2015, the district
court issued an order permanently enjoining (ending) Arizona's policy of
denying driver's licenses to DACA grantees.

DACA enrollees should be protected in New York State, the immigrant
state. We should not be taking drivers licenses away from them because
of careless and unjust actions of the federal government.

 
PRIOR LEGISLATIVE HISTORY:

No prior legislative history.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

Positive from increased DMV fee collections.

 
EFFECTIVE DATE:
Immediately.