Tag: driver’s license

Immigration Weekly Round-Up: NJ Driver’s Licenses Skyrocket; White House Seeks Speedier Processing at Border and With Asylum Cases; COVID Restrictions to Continue at U.S. Border

New Jersey Sees Dramatic Increase in Driver’s Licenses after Permitting Undocumented Individuals to Apply

The state of New Jersey has seen a more than 60% increase in new driver’s licenses issued since May 1, as the new state law took effect law that permitted residents to obtain licenses regardless of immigration status. The Motor Vehicle Commission (MVC) does not keep records of immigration status and thus could not confirm the cause of the increase. However, a rise of 100,000 total licenses issued over the past three months, from the typical 60,000 over the same period in previous years, is likely fueled in significant part by the new law.

Although more driver’s licenses have been issued, backlogs have also increased, with some people now waiting several weeks for appointments to receive their licenses. Immigrant rights activists have expressed frustration over the delay, with the New Jersey Alliance for Immigrant Justice stating that the “MVC had nearly 3 years of notice and more than enough time to engage advocates and the community to prepare.” The MVC has indicated that it plans to add personnel to its facilities to make more appointments available and increase awareness of online resources so that many people can avoid unnecessary in-person trips.

President Biden Aims to Expedite Asylum Processing

This week, the White House announced a broad new set of initiatives dedicated to streamlining the adjudication of asylum applications in the United States while also increasing the use of expedited removal of detained noncitizens while entering the United States without documentation.

The Biden administration stated that it had established a separate docket in the immigration court system to handle asylum applications to help manage the extensive backlog of cases throughout the United States. President Biden has also requested funding in next year’s budget for an additional 100 immigration judges and new support staff and asked for $15 million in funding to support pro bono legal services for immigrants facing removal proceedings. Meanwhile, President Biden has called to expand the expedited removal process, allowing immigration officers to order a noncitizen’s removal from the United States even before that person has seen a judge, coming within the larger stated goal of strengthening border security.

COVID-19 Border Restrictions to Remain in Place

The White House has delayed implementing a plan for a partial rescission of a policy instituted by the Trump administration following the onset of the COVID-19 pandemic that permitted border officials to summarily expel immigrants at the U.S./Mexico border in an attempt to stem the spread of the coronavirus. President Biden cited the new dangers of the Delta variant as the reason for the delay.

President Biden is facing pressure on both sides of his party on this issue. Many Democrats have urged Biden to ease this policy, arguing that it prevents a proper review of whether immigrants have a legitimate claim to remain in the United States. California Democrat Judy Chu told Reuters news that “they’re just indiscriminately rejecting people and sending them back.” However, other Democrats, such as Henry Cuellar of Texas, have stated that the focus must be on the safety of border communities and stopping undocumented entry into the country.

The White House did not immediately make clear when it would revisit the policy.

©2021 Norris McLaughlin P.A., All Rights Reserved

Article By William C. Menard at Norris McLaughlin P.A. For more Immigration News see the National Law Review Immigration Law section.

U.S. Department of Homeland Security Extends REAL ID Document Enrollment Dates Affecting State-Issued Driver’s Licenses and IDs

Greenberg Traurig Law firm

Pursuant to its phased implementation of the REAL ID Act, which establishes minimum standards for the production and issuance of state-issued driver’s licenses and identification cards and prohibits federal agencies from accepting non-compliant versions of these documents for official purposes, the U.S. Department of Homeland Security (DHS) recently announced an extension of document enrollment rules. According to current regulations, beginning Dec. 1, 2014, federal agencies may not accept state-issued driver’s licenses or identification cards for official purposes from individuals born after Dec. 1, 1964, unless the license or card is REAL ID-compliant and was issued by a compliant state as determined by DHS. In addition, as of Dec. 1, 2017, federal agencies will be prohibited from accepting any non-compliant documents for official purposes from any individual. Pursuant to this extension, both document enrollment dates have been moved to Oct. 1, 2020.

The implementation of the final rule, which goes into effect immediately, follows a multi-year plan to help budget-strapped states conform their document issuance and production processes to the standards set forth in the REAL ID Act. According to the DHS, this extension was granted due to the agency’s recognition that large numbers of residents from REAL ID Act-compliant states would be required to renew their driver’s licenses or identification cards prior to the end of the year or risk being unable to use them for official federal purposes as of Dec. 1, 2014. This would, in turn, impose significant burdens on compliant states due to the costs and operational difficulties of issuing high numbers of documents prior to the current regulatory deadline. In addition, the existence of two enrollment dates may complicate DHS’ enforcement objectives and diminish the agency’s opportunity to reasonably evaluate the impact of various enforcement phases.

The new rule does not impact the prohibition against federal agencies accepting licenses and identification cards issued by non-REAL ID Act-compliant states.

ARTICLE BY

Nataliya Binshteyn
OF
Greenberg Traurig, LLP