AZMEX SPECIAL 9 JUL 2018
Note: from TX.
Can immigrants living in the U.S. illegally get a Texas driver's license? Curious Texas investigates
Elvia Limón, Communities Writer
https://www.dallasnews.com/life/curious-texas/2018/07/09/can-immigrants-living-us-illegally-get-texas-drivers-license-food-stamps-curious-texas
As stories about the living conditions of more than 2,000 migrant children who were separated from their families at the U.S.-Mexico border continue to unfold, curiosity about migrants and immigrants in the U.S. has increased.
The recent news from South Texas prompted Bill Wilson to reach out to The Dallas Morning News.
He submitted a question to our special edition Curious Texas, that invites readers to ask questions about migration between the U.S. and Mexico and life on both sides of the border.
He asked: Can a person who is not in the U.S. legally get a driver's license in Texas?
Can they get government benefits such as food stamps or Aid to Families with Dependent Children?
The short answer to his first question is no.
The Texas Department of Public Safety asks applicants for an ID or driver's license to provide the following information, according to its website:
U.S. citizenship or evidence of lawful presence in the U.S.
Texas residency
Proof of identity
A social security number
A Texas vehicle registration and proof of insurance.
An applicant can use some type of bill that lists their Texas address, their social security card, a passport and their vehicle's registration and insurance documentation to prove this information. DPS also provides a detailed list online of other documents an applicant can provide to meet these requirements.
Anyone who cannot meet these qualifications cannot get a Texas ID or driver's license.
However, these conditions were not always in place.
Congress passed the REAL ID Act in 2005, a law designed to make it harder for terrorists, con artists and unauthorized immigrants to get government-issued identification.
This also established specific federal requirements for state-issued driver's licenses and IDs to be accepted for federal purposes, such as boarding a domestic flight or entering a federal building.
At the time, supporters of the bill said the REAL ID Act was essential to assure the identity of a person obtaining a state ID in a post-Sept. 11 era. Opponents argued cutting off unauthorized immigrants from getting a driver's license and insurance would make roads less safe.
Although it was passed 13 years ago, only 32 states are compliant with the act. Several other states, like California, give applicants the option to apply for a REAL ID card or for a federal non-compliant card.
States that are not compliant with the REAL ID Act have until October 1, 2020 to issue compliant licenses and IDs.
Texas began asking residents to prove they are U.S. citizens or living lawfully in the U.S. in 2016 to comply with the REAL ID Act.
But Texas faced some ID controversy before. In October 2008, DPS began requiring applicants to provide documentation of their immigration status.
The agency established rules that gave differently marked ID cards to eligible foreign citizens from those issued to U.S. citizens.
These foreign nationals' Texas licenses and identification cards would be vertical instead of horizontal and would be stamped with the words "temporary visitor."
They would also list the date the person's legal residency expired.
A district judge blocked these Texas driver's license rules six months after they were instated.
In 2011, DPS introduced a "limited term" label on driver's licenses issued to visitors to the state who are not a U.S. citizen, lawful permanent resident, refugee or asylee.
Individuals who qualify for this type of license must be legal visitors to the U.S. holding a visa.
The licenses look the same as other state driver's licenses, but have "Limited Term" printed across the top of the card.
These licenses expire when the person's "period of lawful presence" expires.
Recently, some Dallas-area Catholic churches allowed residents to apply for church-issued IDs after the Dallas, Farmers Branch and Carrollton police departments
said they would give their officers the discretion to accept these cards as a form of identification.
Some church-issued ID recipients said the cards added a measure of security to immigrants who aren't eligible to apply for a driver's license or ID.
Some worry that not having a form of identification during something like a simple traffic stop could lead to jail time and a possible run-in with immigration authorities.
Rev. Edward J. Burns, left, bishop of the Roman Catholic Diocese of Dallas is followed a procession of clergy, law enforcement officials and Dallas-area city officials to the dais at Mary Immaculate Catholic Church in Farmers Branch for a Dallas Area Interfaith meeting on immigration, policing and city infrastructure Sunday November 5, 2017 in Farmers Branch, Texas. (Robert W. Hart/Special Contributor)
Government assistance
The answer to Wilson's second question is also no. Federal law prohibits immigrants living in the U.S. illegally from receiving food stamps or government family assistance, said Christine Mann, a press officer for the Texas Health and Human Services Commission.
However, Mann said, there's an exception where unauthorized immigrants can get emergency Medicaid coverage if they have "a verified emergent event."
She said this means a hospital could bill Medicaid for someone's emergency visit, but it does not mean that an immigrant living in the U.S. illegally can get full Medicaid coverage. "If determined eligible, the individual is covered by Medicaid only for the duration of a qualifying emergency medical condition, as verified by a medical provider," Mann said via email.
Anyone — regardless of legal status — who meets the requirements for the Special Supplemental Nutrition Program for Women, Infants and Children, commonly known as WIC, can receive these benefits, Mann said.
To be eligible to receive benefits from Texas WIC, an individual must be:
A Texas resident
A pregnant, breastfeeding and/or postpartum woman
Classified to be a nutritional risk by a health professional
At or below 185 percent of the federal poverty level.
Anyone caring for an infant or child under 5 years old — regardless of legal status —
can also apply for WIC benefits for that child as long as they meet the Texas residency and income requirements.
However, recent reports show that a growing number of American children are dropping out of Medicaid and other government programs because their noncitizen parents are afraid it could lead to deportation.
Health care groups say this trend may continue if a recent proposed change by the Trump administration to green card eligibility becomes law.
Under the proposed policy change, lawful immigrants could be passed over from getting a green card if they or family members — even if those family members are U.S. citizens — receive government services, such as food stamps or Medicaid.
Staff writer Obed Manuel contributed to this report
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