Wednesday, September 08, 2010
DMV won't accept federal work paper to prove individuals' residency status
The policy changed because IDs could be acquired by those facing deportation.
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RICHMOND -- Gov. Bob McDonnell said Tuesday the Department of Motor Vehicles is suspending its practice of accepting a federally issued employment authorization document as proof of legal presence in the United States.
That's because the credential can be obtained by individuals facing deportation proceedings, according to the governor's office.
The move comes a month after an alleged drunken driver from Bolivia was involved in a crash that killed a Benedictine nun and injured two others in Prince William County. Carlos Martinelly Montano had been reported to federal immigration authorities after two previous drunken driving convictions, but was released pending a deportation hearing.
Montano used a federal I-766 form to prove legal presence while applying for Virginia identification cards, but did not have a state driver's license at the time of the crash.
"We must ensure that documents accepted as proof of legal presence are reliable," McDonnell said in a statement released by his office. "Virginia law is clear in the requirement that an individual be lawfully in the United States to be eligible for an identification card or to have the privilege to drive."
The DMV will seek an opinion from Attorney General Ken Cuccinelli about federal documents that should be accepted as proof of legal presence.
Claire Guthrie Gastanaga, a lobbyist and advocate in immigration issues, said the employment authorization document is issued only to individuals lawfully present.
"I don't know why he's saying it's not reliable," Gastanaga said.
Gastanaga said McDonnell is attempting to divert attention from the state's enforcement of drunken driving laws. She said Montano should have served more of the jail time he received on his second conviction.
"That might have sent a message to the federal government that the commonwealth considers him dangerous," she said.
