Jerry EricksonPublished: 25-03-2009

To ensure a meaningful discussion on the subject of comprehensive Immigration Reform, it is important to discuss the problems with terms and definitions understood. First we need a common understanding of the term in the center of the immigration debate, “illegal alien”. Ironically, the term that is thrown around by almost everyone involved in the immigration debate can not be used in immigration law or formally defined by the federal government. For discussion purposes, an illegal alien be considered a person in the U.S. without any paperwork or legal immigration status. This would include a person entering the U.S. is without proper documentation or authorization and a person who enters the proper documentation or permission, but do not respect the conditions of his or her stay in the U.S. of approximately 12 million illegal immigrants in the U.S., it is estimated that nearly half the U.S. on a visa that allowed them to visit the U.S. temporarily, but then stayed beyond the time allowed in their visas.

MYTH: Illegal aliens should not receive special treatment for his illegally.

FACT: The vast majority of illegal aliens, there is no legally under current immigration law to obtain legal status while in the United States.

There is a common misconception that by illegally entering the U.S., illegal immigrants are able to apply for permanent resident status before had they remained in their home country and apply from abroad. The reality is that for the vast majority of illegal aliens, there simply is no process that would allow them to be considered for permanent residence status. This is why so many continue to live in the shadows and fringes.

While most illegal immigrants in the U.S. want nothing more than a legal status, there is simply not an option for most. The reality is that immigration law is in fact an illegal alien to encourage the U.S. to stay because leaving would probably say that it would be years before he or she would be eligible to return. Under current law, an illegal alien departing the U.S. will not be able to return for three years if he or she is illegally in the country for more than six months, and a bar of 10 years would apply if he / she is in the U.S. illegally for more than one year.

The relevant immigration laws, which unfortunately have not been updated in almost 20 years, provide limited opportunities to secure legal immigration status for an applicant who illegally. For those who are illegally in the U.S., the limited possibilities of obtaining a permanent residence in the U.S., and the consequences of leaving the country, will mean that most choose to stay.

Family situations also contribute to the dilemma. Children who are illegally in the United States brought by their parents are not citizens and grow into adults in the U.S. remain as illegal aliens. These persons, as children are not set by the choice of their own, now grown up and forced to live in a subculture of illegal aliens working in our society.

Another common scenario family of illegal immigrants to stay in the U.S. encourages illegal immigrants arises when children born in the U.S. The children born within our borders, are U.S. citizens by law, but parents are still illegal. In addition, the parent (s), if ever deported faces the possibility of a U.S. citizen taking their children, who only know the U.S. culture, another country, or leaving their children in the U.S. hope them the opportunity for a better life. A Morton’s Fork, to be sure.

The children of illegal aliens will be one of the topics at the heart of the immigration debate. On March 14, the New York Times featured a great article discussing the problems of non-English speaking students from Cecil D. Hylton High School in Woodbridge. This article notes that “within schools, students needed to enroll, regardless of their immigration status and are prohibited from even asking about, the discussion has been the best way to educate them.” The immigration debate and the resulting plan will significantly impact Prince William County. Our current U.S. immigration laws make it impossible for most illegal aliens to any form of legal status to obtain and assimilate into American culture. It does not matter that a person may have U.S. relatives or that he or she has lived in the U.S. for his or her life.

The issue of immigration reform will be discussed shortly. The reality is that the argument of the deportation of all illegal aliens who are not a realistic proposal, given the enormous cost with the issue of family relocation. It will be necessary for immigration reform to a multifaceted approach. It is given that our borders must be secured. The real hurdle is that we need a strategy to deal with the millions in the U.S. who currently live here without valid fenced. Real change occurs when people come together with an open mind to all sides of the argument. Let this myth to rest and push forward the development of a solution.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, PC (www. szelaw. Com), in Woodbridge, Virginia. He is the senior attorney in the business of the Department of Immigration. He is a lawyer for over 20 years and represents many clients in complex areas of immigration law. He can be reached at jerickson @ szelaw. com or (703) +494- 7.171.

The above information is for informational purposes only. The information should not be construed as legal advice and not as a commitment by Szabo, Zelnick & Erickson, PC Law Firm or establish an attorney-client relationship with one of her lawyers. An attorney-client relationship with our firm is only created by signing a written agreement with our office.

Other Immigration sites:

• The Legal Blotter » Blog Archive » Policing Immigration. A Job We Do Not Want
• Legal Immigration Status | National Teaparty
• Calif island lands in storm of immigration debate | Antiwar Newswire

The requirements for obtaining a driver’s license varies by state. Some states are proposing legislation to prohibit the issuance of state issued identification to individuals who are unable to prove legal immigration status. Conversely, in other states it is possible for an illegal immigrant to obtain a driver’s license, as no proof of legal immigration status is required. Interestingly, legislation almost passed in California that would have made it very easy for an illegal immigrant to obtain a driver’s license. In September 2003, former Governor Gray Davis of California signed a bill that would have given illegal immigrants the chance to obtain a California driver’s license.

Many Californians applauded Governor Davis’s actions, as many feel that in order to make all drivers safer, everyone should be able to get a driver’s license. The supporters argued that there were many illegal immigrants driving without a license, and by giving illegal immigrants the opportunity to obtain a license and pass the required driving test, overall safety would improve. In addition to having a driver’s license, illegal immigrants would also be required to have car insurance, as required by state law in California. Because insurance companies only insure individuals with a driver’s license, if this legislation passed, more individuals would be able to obtain car insurance. Advocates also cite that this would, in turn, drive down the cost of car insurance, in addition to making the roads safer. Another added benefit would be that the black market for driver’s licenses would be significantly reduced.

Opponents to the former governor’s legislation argued that by allowing undocumented immigrants to obtain a driver’s license, they are being rewarded for entering the country illegally. In addition, critics also maintained that driver’s licenses for illegal immigrants would only encourage more illegal immigrants to cross the U.S.-Mexico border. Opponents also cited matters of national security and stated that driver’s licenses could also be used for identification purposes which may lead to more terrorists entering the U.S. In response, some government officials have proposed that a “driving only” document be issued to individuals who are unable to prove legal immigration status. The “driving only” license would be easily differentiated from a normal driver’s license and would not be an acceptable form of identification in many instances. Nonetheless, California has yet to pass any legislation regarding driver’s licenses for undocumented immigrants. When Governor Schwarzenegger came into office he was quick to repeal the bill signed by former Governor Davis.

The most common discourse surrounding driving is that it is a privilege for law-abiding citizens and noncitizens. After the terrorist attacks of September 11, the federal government implemented heightened security measures when obtaining state-issued identification cards, such as a driver’s license or a social security number. As such, new federal laws were introduced that made it a requirement to show proof of legal residency status and identity in order to obtain a state driver’s license or any other state-issued id. Legislation was also passed that stated as of May 2008, driver’s licenses issued by states that do not meet the federal requirements will not be accepted as legal identification to gain entry into a federal building or to board an airplane in the U.S. However, the government recently granted an extension until 2012, in order to allow ample time for states to comply with the new measures.

Some states, such as Texas, have already passed legislation and proof of legal residency is now required in order to obtain a state id. Already, without proving legal residency status, there are numerous required documents an individual must submit in order to obtain a driver’s license. The following are requirements for the state of California: (1) a fee, (2) proof of social security number (SSN), (3) proof of identity, (4) verification of birth date and proof of legal presence, (5) limited term legal presence, (6) vision exam and (7) the signature of the parent or guardian for minors. Requirements for driver’s license may vary from state to state, so it is recommended to refer to the state’s department of motor vehicles (DMV) website.

Starting in 2008, the Department of Motor Vehicles will accept foreign passports and birth certificates from immigrants as proofs of identification for new license applications. Immigrants will no longer need to provide legal status paperwork or a Social Security card, the source said.

During last year’s gubernatorial campaign, Mr. Spitzer said he would permit illegal immigrants to obtain driver’s licenses, arguing that banning them from driving worsened the lives of hundreds of thousands of New Yorkers without adding to security.

The idea of illegal immigrants having the right to obtain a drivers license is an oxymoron because logically speaking, someone who is illegal should not possess a driver’s license. That is the reason why this person is illegal otherwise he would have been able to obtain a license if he wanted one. The word illegal immigrants and drivers license doesn’t coincide well with the American people. To most Americans, when they hear illegal immigrants having the right to obtain drivers license, the first thing that comes to mind is job insecurity. They believed, if illegal immigrants have the right to have a driver’s license than they also have a right to work with it. In a way, any proposition to legislate laws that would make this possible would cause the working class Americans to be outrage. As a reminder, it was this issue that had contributed to the removal of California Gov. Gray Davis out of office.

Some would argue that if the immigrant has illegally entered the country why not deport him instead of providing him with a license. By providing the illegal immigrant with a license proves that we welcome illegal immigrants in the country. Well, if that is the case why not make them legal immigrants so that there’re in the same boat with our citizens that whay no one gets deported. I believe they deserved a chance to become legal immigrants not illegal licenses. This inconsistency demonstrates that some underlining reason which we’re not all aware of exist because if this wasn’t the case, they wouldn’t be a need for illegal immigrants. Some of our grand parents came in this country at a time when this country was in great need for immigrants. They weren’t offered driver’s licenses; they made them immediate legal immigrants.

YES People are frustrated with our broken immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. system. But denying driver’s licenses to undocumented immigrants won’t solve the problem and is a distraction from the real issues that states face in promoting public safety and protecting their communities.

Most states–all except six–deny licenses to illegal immigrants. This increases the number of unlicensed and uninsured drivers, and undermines effective law enforcement.