RALEIGH, N.C. — The North Carolina Division of Motor Vehicles is failing to provide some immigrants who are in the country legally with the types of driver’s licenses they are entitled to under the law, according to two organizations that have asked the agency to clarify its policies.
The DMV sometimes fails to grant a license but more frequently issues one for a limited time, rather than the full eight-year term, according to the American Civil Liberties Union and the North Carolina Justice Center. Both practices make it difficult for people to work and care for their families, says Muneeba S. Talukder, an attorney for the ACLU of North Carolina.
“Despite their clear statutory eligibility for full-term driver licenses, North Carolina DMVs have denied driver licenses or improperly provided a limited-term driver license,” Talukder said in a written statement. “We are asking that the DMV issue a declaratory ruling that comports with the law and the U.S. and North Carolina constitutions and provide clear guidance to its staff so that our clients and other immigrant North Carolinians can resume their daily obligations.”
The DMV issues driver’s licenses to people who can show they are in the country legally. The agency’s website lists 17 types of documents that immigrants can use to prove their legal presence in the country and in some cases requires applicants to show more than one.
The DMV says it will not issue a license that expires later than the driver is legally allowed to be in the U.S. This would include someone in the country under a temporary work visa that expires on a certain date.
But Talukder says the DMV has been applying that standard to some immigrants who have permanent or indefinite status under federal programs. These include holders of residency cards known as green cards. Talukder said green cards have expiration dates but can be renewed, so the date doesn’t reflect how long the holder is allowed to be in the country.
“If my U.S. passport expires today, that doesn’t mean that I stop being a U.S. citizen,” she said in an interview. “That’s just a document that’s expiring. Your status is not tied to one or a few documents that have expiration dates.”
The ACLU and the North Carolina Justice Center say DMV offices across the state have been inconsistent in how they issue licenses to immigrants. On Tuesday, they asked the DMV to clarify its policy, though it’s not clear that the agency has one, said Kate Woomer-Deters, an attorney for the Justice Center.
“Sometimes we see agency issues where the heads of an agency do have a clear policy but the people down at the ground level don’t understand it or don’t know how to implement it,” Woomer-Deters said. “In this situation, I think there has been a lack of clear policy at all levels.”
A DMV spokesman issued a statement saying the agency had received the request and is reviewing it.
“The division follows state laws and adheres to ever-changing federal regulations as it relates to state issuance of driver licenses,” the statement concluded.
The ACLU and Justice Center made the request under a provision in state law that allows citizens to ask agencies to resolve conflicts or inconsistencies in rules and practices. The DMV has 30 days to say whether it will respond to the petition and then another 45 days to actually do so. If the two groups aren’t satisfied, they can file a lawsuit.
The ACLU and other organizations sued the DMV in 2018 over its practice of revoking driver’s licenses for people who fail to pay tickets, court costs and other financial penalties. In a settlement last spring, the DMV agreed to inform drivers that they have the right under state law to argue in court they they didn’t pay their tickets solely because they couldn’t afford them. In such cases, a judge can order the DMV to restore a revoked license.
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