A state lawmaker in Texas wants a new policy to be rescinded. It requires immigrants to prove they live legally in the country before they can obtain a Texas driver’s license or identification card.

Rep. Ruth Jones McClendon, D-San Antonio, is calling on the Texas Department of Public Safety to void the administrative rule until the state Legislature can debate the issue. McClendon claims that the rule is a major policy decision that should not be initiated by an agency without the Legislature.

Since Oct. 1, applicants who are not U.S. citizens have been required to present immigration documents before being issued state identification cards or driver’s licenses. People who don’t have permission to be in the U.S. longer than six months are prohibited from obtaining licenses.

Opponents of the rule change say the licensing requirements will push noncitizens into driving without licenses and without insurance. Fear of being deported for not having proper documentation is cited.

The rule brings the state closer to complying with the federal Real ID Act. Other states that have taken steps toward compliance with Real ID include Indiana, Michigan, Nevada and Tennessee.

Real ID is a controversial federal law that requires states to be in compliance by Jan. 1, 2010. Most states are still under an extension granted to all 56 U.S. jurisdictions through the end of 2009 by the secretary of the Department of Homeland Security.

The Texas Legislature is expected to take up the issue when the 2009 regular session convenes in January.

To view other legislative activities of interest for Texas, click here.

– By Keith Goble, state legislative editor
keith_goble@landlinemag.com