Court: DMV Crackdown On Driver's Licenses Is Legal

The Durham-based Latino Community Credit Union and LatinoCommunity Development Center on Thursday sued state

Division of MotorVehicles

Commissioner George Tatum in Wake County Superior Court,saying the state did not follow proper procedure in putting the new rules in place.

Judge Donald Stephens ruled Friday that the DMV has the authority to make administrative changes without going through a legislative policy change.

The DMV said the changes, set to take effect Monday, aredesigned to reduce the number of illegal immigrants who getlicenses and to make tracking down bogus documents easier.

The Latino groups stated the DMV did not allow for publiccomment before announcing the changes late last month, in violationof rule-making procedures. They argued the growing Hispanicpopulation will be harmed by the new rules.

"We are surprised and disappointed of the decision of the court," said John Herrera, chairman of Latino Community Credit Union.

Herrera said the result will be more people driving without licenses,threatening public safety.

"They will have to miss work or drive without a license or an expired license," he said.

"We need to drive to go to the job for work, so if we don't have a driver's license, we can't drive and that affects us," immigrant Jose Morales said.

On Thursday, as the suits were filed, Tatum defended thechanges, made as part of what's called the "Operation Stop Fraud"program.

"We consulted with the attorney general's staff the entireway," he added. "They reviewed the laws, and basically we feellike we're on solid legal ground as far as the policies we're goingto implement come Monday."

Under the new rules, license applicants will need two forms ofidentification such as valid licenses from other states or Canada, Social Security cards, valid immigration papers and state vehicle registration or title certificates. People getting a license will also need to show proof they live in North Carolina.

Unacceptable forms of ID will include expired licenses,individual tax identification numbers and licenses and otheridentification cards issued by the Mexican government -- includingthe popular matricula consular, an identity card issued by thegovernment through its consulates.

Tatum said the FBI and the U.S. Department of Homeland Securitysupport the changes. He said state officials understand the difficulty involved inthe changes.

"I think that with what we're trying to do, we realized therewas going to be some short-term pain," Tatum said. "But thelong-term gain for North Carolina citizens for protecting theiridentities will be well worth it."

The Latino advocacy groups that brought the lawsuit said they will continue trying to block the rules. They may do that through court action or they may try to persuade the state to reverse itself through diplomacy.