WBEZ | driver’s licenses http://www.wbez.org/tags/driver%E2%80%99s-licenses Latest from WBEZ Chicago Public Radio en Sheriff slams Secretary of State on driver's license rollout http://www.wbez.org/news/sheriff-slams-secretary-state-drivers-license-rollout-109216 <p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/MarkCurran.JPG" style="margin: 4px 0px 0px; float: right; height: 233px; width: 275px;" title="Lake County Sheriff Mark Curran says Illinois Secretary of State Jesse White’s office is dragging its feet on setting up a driver’s license program for immigrants who are in the country illegally. (Photo courtesy of Lake County Sheriff’s office)" />A suburban Chicago sheriff says Illinois Secretary of State Jesse White&rsquo;s office is dragging its feet on setting up a driver&rsquo;s license program for immigrants who are in the country illegally.<br /><br />Lake County Sheriff Mark Curran points out that White&rsquo;s office, which is launching a pilot phase of the program, is scheduling just 120 appointments a day for applicants to present their proof of state residence and take their driving exams.<br /><br />The pilot phase comes almost 10 months after Gov. Pat Quinn signed into law a measure making as many as 500,000 immigrants in Illinois eligible for a &ldquo;temporary visitor&rsquo;s&rdquo; license.<br /><br />&ldquo;I would expect this type of a pace if the law passed in Alabama, where we have a hostile immigrant tone,&rdquo; said Curran, a Republican who pushed for the law. &ldquo;But, in Illinois, there was overwhelming support for this legislation.&rdquo;</p><p>White, a Democrat, announced his support for the measure but Curran is questioning the secretary of state&rsquo;s sincerity in light of the law&rsquo;s implementation. &ldquo;Actions sometimes speak louder than words,&rdquo; the sheriff said.<br /><br />Curran says the secretary of state&rsquo;s office should have set up the program faster because many of the immigrants are already behind the wheel. &ldquo;We want people to have taken a driver&rsquo;s test,&rdquo; Curran said. &ldquo;We want people to have insurance. We want people to understand the rules of the road.&rdquo;<br /><br />Henry Haupt, a spokesman for White, bristled at the criticism. &ldquo;It would be irresponsible and reckless for our office to roll out a program of this magnitude statewide without first thoroughly testing it,&rdquo; Haupt said.<br /><br />&ldquo;Keep in mind that the state of California has been given approximately two years to implement [a similar] program,&rdquo; Haupt said. &ldquo;We&rsquo;ve had to set all of this up without any additional revenue provided by the General Assembly. To just open up facilities throughout the state without testing it and potentially have thousands upon thousands of individuals showing up at facilities wouldn&rsquo;t do anyone any good.&rdquo;<br /><br />Haupt says the appointment scheduling will get faster in mid-December. By February, he said, the secretary of state&rsquo;s office will offer the appointments at 36 facilities statewide.<br /><br />Another suburban sheriff who helped push the measure into law says the pace of its implementation doesn&rsquo;t bother him. &ldquo;If the program is rolling out slower than expected, I would rather see it done slowly and correctly than to push it and have it done fast and mistakes be made,&rdquo; said Kane County Sheriff Patrick Perez, a Democrat.</p><p>But that approach will keep many immigrant drivers unlicensed for months to come. &ldquo;I&rsquo;ve been in the United States for 23 years,&rdquo; said a stay-at-home mother of Chicago&rsquo;s Southwest Side who drives her children to school and her father to dialysis appointments. &ldquo;We need that document to live well here,&rdquo; she said, asking that her name not be published.</p><p><em><a href="http://www.wbez.org/users/cmitchell-0">Chip Mitchell</a> is WBEZ&rsquo;s West Side bureau reporter. Follow him on Twitter <a href="https://twitter.com/ChipMitchell1">@ChipMitchell1</a> and <a href="https://twitter.com/WBEZoutloud">@WBEZoutloud</a>, and connect with him through <a href="https://www.facebook.com/chipmitchell1">Facebook</a>, <a href="https://plus.google.com/111079509307132701769" rel="me">Google+</a> and <a href="http://www.linkedin.com/in/ChipMitchell1">LinkedIn</a>.</em></p></p> Thu, 21 Nov 2013 13:22:00 -0600 http://www.wbez.org/news/sheriff-slams-secretary-state-drivers-license-rollout-109216 Driver licenses for undocumented youths? http://www.wbez.org/news/driver-licenses-undocumented-youths-101986 <p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/immigrant%20map.jpg" style="margin: 4px 0px 0px 0px; float: left; height: 369px; width: 600px; " title="WBEZ asked eight states whether they are planning to provide driver’s licenses to immigrants who receive Social Security and employment-authorization cards as a result of President Barack Obama’s “Deferred Action for Childhood Arrivals” policy. (WBEZ map by Elliott Ramos)" /></p><p>Illinois, Indiana, Michigan and Ohio are planning to provide driver&rsquo;s licenses to undocumented immigrants who get work papers under a new federal policy.</p><p>The Obama administration policy, called &ldquo;Deferred Action for Childhood Arrivals,&rdquo; will allow as many as 1.7 million illegal immigrants brought to the United States as children to get Social Security and employment-authorization cards, along with a deportation reprieve. U.S. Citizenship and Immigration Services began accepting applications Aug. 15.</p><p>&ldquo;As long as the Social Security Administration issues an individual with a Social Security number, and they have the other documents that are required under Illinois law, then they can apply for a driver&rsquo;s license,&rdquo; said Henry Haupt, spokesman for Illinois Secretary of State Jesse White, who oversees that state&rsquo;s driver licensing.</p><p>WBEZ surveyed eight Midwestern states about their response to the policy change. Along with the four states planning to provide licenses, Wisconsin and Iowa officials said they had not decided yet, while Minnesota and Missouri officials did not respond to numerous WBEZ inquiries.</p><p>The states planning to issue the driver&rsquo;s licenses differ from Arizona, Nebraska and Texas, where governors have vowed to block illegal immigrants from getting licenses.</p><p>The immigrants must meet several requirements to get the Social Security and work-authorization cards, including having been younger than 31 on June 15; having arrived in the U.S. before turning 16; having lived in the country continuously since June 2007; being a student or graduate, or having served in the military; and having no serious criminal record nor posing any public safety threat. The work authorization will last up to two years and, if the federal policy stays in place, be renewable. The policy does not provide a path to citizenship.</p><p>Assuming some of the immigrants have been driving illegally, states that enable them to get a license could make roads safer. &ldquo;They have to pass the road exam, they have to pass the written exam, and they pass the vision test,&rdquo; Haupt said about Illinois. &ldquo;We require so many different things of our young drivers and &mdash; by doing so &mdash; they, of course, become better drivers.&rdquo;</p><p>Illinois also requires proof of liability insurance on the car the driver uses for the road test. So it&rsquo;s possible that allowing undocumented immigrants to drive legally could reduce the number of uninsured vehicles.</p><p>The immigrants themselves have more at stake. Karen Siciliano Lucas, an advocacy attorney of the Washington-based Catholic Legal Immigration Network Inc., points out that driver&rsquo;s licenses are vital for working and attending school in most regions of the country. &ldquo;Not only that, it is a state-issued identification that shows who you are,&rdquo; she said.</p><p>The issue is complicated because most states require driver&rsquo;s&nbsp;license applicants to prove &ldquo;lawful status&rdquo; or &ldquo;legal presence&rdquo; in the United States. Officials in some states say the work authorization under the Obama policy will be sufficient proof. But a USCIS statement says the policy &ldquo;does not confer lawful status upon an individual.&rdquo; It&rsquo;s unclear whether courts will enable states to define lawful status differently than the federal government does.</p><p>States expecting Obama administration guidance about the driver&rsquo;s licenses could be waiting awhile. In response to WBEZ questions, the Department of Homeland Security sent a statement saying the department does not comment on state-specific matters.</p><p>Until federal courts weigh in, states are likely to face lawsuits no matter their course. &ldquo;We will see battles on this,&rdquo; Lucas predicted.</p><p>Making matters more complicated is the federal Real ID Act, a 2005 law aimed at fighting identity theft and keeping terrorists out of federal buildings and airplanes. Among other things, the act requires states to verify that driver&rsquo;s license applicants have lawful status in the United States.</p><p>The law is set to take effect in January, but it&rsquo;s not clear how the Obama administration will enforce it. DHS Secretary Janet Napolitano has fought for the measure&rsquo;s repeal, calling it unworkable.</p><p>That irks advocates for tougher immigration enforcement: &ldquo;If you want to protect against identify theft, you&rsquo;ve got to eliminate the fraud,&rdquo; said Janice Kephart, who focuses on national security policies for the Washington-based Center for Immigration Studies. &ldquo;That means you have to eliminate the illegal-alien community out of that scheme. It doesn&rsquo;t mean that states cannot give driver&rsquo;s licenses to illegal aliens. It just means that they have to do it outside the Real ID Act.&rdquo;</p><p>Kephart praised Utah, which has created a &ldquo;driving privilege card&rdquo; specifically for undocumented immigrants.</p><p>At the moment the only other states that let undocumented immigrants drive legally are New Mexico and Washington, which provide them the same licenses that U.S. citizens can get.</p></p> Mon, 27 Aug 2012 13:19:00 -0500 http://www.wbez.org/news/driver-licenses-undocumented-youths-101986 Dart slammed for mulling release of inmates wanted by ICE http://www.wbez.org/story/dart-slammed-mulling-release-inmates-wanted-ice-89317 <img typeof="foaf:Image" src="http://llnw.wbez.org/story/photo/2011-July/2011-07-18/Dart-Craigslist-M-Spencer-JPG.JPG" alt="" /><p><p>Supporters of tougher immigration enforcement are criticizing Cook County Sheriff Tom Dart for seeking legal options enabling the county’s massive jail to quit holding some inmates wanted for immigration violations.<br> <br> Dart <a href="http://www.wbez.org/story/sheriff-mulls-freeing-inmates-wanted-immigration-charges-89233">told WBEZ</a> last week his department was looking for a way to end its blanket compliance with Immigration and Customs Enforcement requests that detainees be held 48 hours beyond what their local criminal cases require. The holds, financed by the county, help ICE take custody and begin deportation proceedings. Dart says the jail’s role erodes community trust in local law enforcement, discouraging witnesses and even victims from cooperating with police.<br> <br> Ira Mehlman, spokesman of a Washington-based pro-enforcement group called the Federation for American Immigration Reform, is not convinced. “This idea that turning people over to immigration authorities — who have already been picked up on suspicion of some crime — is somehow going to cause this massive chill just doesn’t hold water,” says Mehlman, who accuses Dart of “putting politics ahead of community safety.”<br> <br> The WBEZ report has also led to a torrent of comments on the station’s Web site. The visitors have labeled Dart everything from a “fool” to a “traitor.”<br> <br> But Dart’s review is also winning praise. “Sheriffs throughout the country are revisiting their policies with respect to the ICE holds,” says Fred Tsao, policy director of the Illinois Coalition for Immigrant and Refugee Rights. “The criminal justice system already distinguishes between people who can be released with no threat to public safety and those who cannot.”<br> <br> San Francisco County Sheriff Michael Hennessey on June 1 <a href="http://www.wbez.org/sites/default/files/San_Francisco_policy_on_ICE_detainers.pdf">quit honoring</a> ICE requests for holds of inmates arrested for certain traffic infractions and other low-level offenses if a background check finds no felony convictions and meets other requirements. Since then, his department has released four inmates with ICE detainers, according to Eileen Hirst, the sheriff’s chief of staff.<br> <br> ICE officials acknowledge that local jails have no legal requirement to comply with the detainer requests.</p></p> Mon, 18 Jul 2011 18:54:00 -0500 http://www.wbez.org/story/dart-slammed-mulling-release-inmates-wanted-ice-89317 Sheriff mulls freeing inmates wanted on immigration charges http://www.wbez.org/story/sheriff-mulls-freeing-inmates-wanted-immigration-charges-89233 <img typeof="foaf:Image" src="http://llnw.wbez.org/archives/images/cityroom/cityroom_20090908_tarnold_9361_Sher_large.png" alt="" /><p><p>On any given day, the Cook County Jail holds hundreds of inmates picked up on criminal charges who also happen to be wanted for an immigration violation. Sheriff Tom Dart’s office keeps them up to 48 hours beyond when the criminal cases would allow them out. That’s to allow Immigration and Customs Enforcement, the federal agency known as ICE, to take them into deportation proceedings. Now Dart tells WBEZ he’s reconsidering that policy because it could be compromising public safety. We report from our West Side bureau.</p><p><br> SOUND: Keys open a jail door.<br> <br> Beneath the Cook County criminal courthouse, one jailer pulls out keys and unlocks a door. Another, Officer Carmelo Santiago, leads the way.<br> <br> SANTIAGO: We’re going through this tunnel that connects us from the courthouse to the jail. This way is where the detainee is going to be coming.<br> <br> We step around crusts of sandwiches that the day’s new arrivals got for lunch.<br> <br> SANTIAGO: And this is the receiving process.<br> <br> SOUND: Entering the receiving area.<br> <br> The smell of unwashed feet wafts from chain-link pens full of inmates who’re waiting to be processed. Santiago shows me the paperwork of a Mexican national busted last night in Chicago.<br> <br> SANTIAGO: This individual was arrested for driving on a revoked or suspended license on a DUI.<br> <br> A lot of immigrants who drink and drive end up in this jail. That’s because Illinois considers DUI a felony when the motorist lacks a valid driver’s license. And the state doesn’t allow any undocumented immigrant to get one.<br> <br> SANTIAGO: He was issued a bond from the court for $15,000.<br> <br> Santiago points out that the defendant could walk free for just $1,500. Except, his file shows something else.<br> <br> SANTIAGO: This specific individual has a detainer that was placed on him through immigration.<br> <br> MITCHELL: This man can post bond or not [and] he’s going to end up in the custody of Immigration and Customs Enforcement?<br> <br> SANTIAGO: That is correct.<br> <br> Cook County Sheriff Tom Dart says he doesn’t like holding on to inmates like this one for ICE to take away. He says these holds make it harder for local police to fight crime. Residents see cops and start thinking about the threat of deportation — the threat to the criminals, maybe even to themselves.<br> <br> DART: It does not lend itself to a sense of community where people will gladly come to you with information about crimes, get involved as a witness, even come forward as a victim, frankly.<br> <br> Over the years Dart has taken steps to reduce the jail’s role in immigration enforcement. The sheriff’s office says it no longer calls ICE with information about inmates. The sheriff no longer allows ICE agents in holding cells near bond courtrooms. The jail has put up big signs — in English, Spanish and Polish — that tell new inmates they have no obligation to answer questions about immigration status. But Dart says something has him in a bind. Every day ICE requests that the jail hold certain inmates two extra days so the agency can put the detainees into deportation proceedings. The jail ends up turning over about a half-dozen inmates to ICE each day. Two years ago, Dart quietly sought some legal advice from Cook County State’s Attorney Anita Alvarez’s office.<br> <br> DART: The opinion was really unambiguous. It said I had to comply with the detainer. So, when the detainer was placed on somebody, I had to give the ICE officers 48 hours to come and pick somebody up and that it was not in my discretion.<br> <br> MITCHELL: Could you ignore the state’s attorney’s opinion?<br> <br> DART: Then I open myself up personally to civil liability.<br> <br> Dart says that could include damages for someone hurt by a released inmate or the legal defense if an anti-immigrant group filed suit . . .<br> <br> DART: . . . which is not something that myself or my five children signed up to do. And I open our office up to unbelievable amounts of liability.<br> <br> But some immigrant advocates are pressing Dart about the ICE detainers. They confronted a few of his top aides at a meeting a few weeks ago. Reverend Walter Coleman got to question a sheriff’s attorney, Patricia Horne.<br> <br> HORNE: It’s a legal document just like an arrest warrant, which we, under law, have to recognize.<br> <br> COLEMAN: Under what law?<br> <br> HORNE: Well, in this case, under federal law.<br> <br> COLEMAN: There is no federal law. You cannot cite me the statute or the chapter or the section. You know that that’s the truth and we will not sit here and be lied to like this.<br> <br> It turns out ICE isn’t citing a statute either. Lately federal officials have acknowledged that local jails don’t have to comply with immigration detainer requests. Last month the San Francisco County Sheriff’s Department quit honoring the requests for certain inmates. Here in Cook County, Sheriff Dart says that’s got him wondering again whether he has to comply with the 48-hour holds. He tells me he’s planning to ask the State’s Attorney’s Office for an updated opinion. He could do that quietly again and most people wouldn’t even know. But Dart doesn’t always operate quietly. You might remember that, twice over the last three years, the sheriff has ordered his deputies to suspend enforcement of foreclosure evictions.<br> <br> MITCHELL: You run one of the country’s biggest jails. Would you really be willing to become a national lightening rod on the issue of immigration enforcement?<br> <br> DART: Well, there is this notion of justice that we’ve always felt very strongly about in this office. And whether it’s dealing with people who we felt were being dispossessed of their houses in the mortgage crisis. So we stopped. It’s the same issue here, where we are attempting to do what is right and just.<br> <br> But Immigration and Customs Enforcement spokesman Greg Palmore has a warning for any sheriff who lets inmates walk free despite an immigration hold.<br> <br> PALMORE: Though ICE has not sought to compel compliance through legal proceedings, jurisdictions who ignore detainers bear the risk of allowing that individual back into the public domain before they were thoroughly vetted to insure that this individual doesn’t have anything outstanding that warrants us to move further in that particular case.<br> <br> Sheriff Dart acknowledges there could be a downside to ignoring immigration detainer requests. Let’s say ICE knows the inmate arrived in the country under an alias or is violent — and the information didn’t appear in the jail’s background check. But Dart says letting some immigrants out of jail even though ICE wants them could be worth the risk. It might help remove the deportation issue from everyday policing. The sheriff says that could make streets in Cook County safer.</p></p> Fri, 15 Jul 2011 23:13:00 -0500 http://www.wbez.org/story/sheriff-mulls-freeing-inmates-wanted-immigration-charges-89233 Sheriff’s office helps immigration agents http://www.wbez.org/story/news/immigration/sheriff%C3%A2%E2%82%AC%E2%84%A2s-office-helps-immigration-agents <img typeof="foaf:Image" src="http://llnw.wbez.org/archives/images/cityroom/cityroom_20090414_cmitchell_916539_Sher_large.png" alt="" /><p><p>Dozens of U.S. municipalities have declared themselves sanctuaries for undocumented immigrants. A Cook County declaration bans the Sheriff's Office from assisting with an investigation of someone's immigration status. The stated goals are to build trust in local law enforcement and encourage immigrants to help fight domestic violence, drug trafficking and even terrorism. But almost two years since the sanctuary declaration passed, immigration agents are still getting assistance from the Sheriff's Office. Last year alone, according to the office, immigration officials took some 250 county inmates into custody.<br> <br> SOUND: Office</p><p>In Chicago's Pilsen neighborhood, attorney Salvador Cícero is having what he calls a routine morning. On the other side of his desk sits a 40-year-old homemaker. She wants help getting her husband out of jail</p><p>WIFE: Mi niño más chiquito pregunta, ‘Cuando va a llegar mi papi?'</p><p>She says their 10-year-old is asking for his daddy. Cícero picks up the phone to get answers from the Cook County Sheriff's Office.</p><p>CÍCERO: Lieutenant, how are you? I'm looking into the case of Miguel García. We wanted to make sure that he had been released. He paid his bail last Wednesday.</p><p>Police stopped García for allegedly driving under the influence. That charge turned into a felony because, like many undocumented immigrants, García couldn't provide a valid driver's license. García landed in a holding area of the courthouse on 26th and California.</p><p>Soon after his arrival, the Sheriff's Office began helping Immigration and Customs Enforcement, the agency known as ICE. The assistance seems at odds with the county's sanctuary declaration. First, the sheriff allowed ICE to interview García — even though, according to ICE, no federal statute requires that access.</p><p>Like many other inmates, García hadn't had a chance to speak with an attorney yet.</p><p>WHITE: Sometimes we're not sure if they even know who the ICE agents are.</p><p>Deborah White heads the Cook County Public Defender's felony trial division.</p><p>WHITE: And they give incriminating information to these agents.</p><p>As García prepared to post bond in his criminal case, ICE put a hold on him because he's an illegal alien. Then the Sheriff's Office helped the immigration agency again. The office kept García for ICE for more than two business days after he posted the bond. The federal government prohibits this.</p><p>Here's Salvador Cícero, the attorney, on the phone with the Sheriff's Office again.</p><p>CÍCERO: It has been past the 48 hours. So I would like this guy released. Can I follow up with you maybe in an hour? Thank you, Lieutenant. Bye.<br> MITCHELL: How often does this happen?<br> CÍCERO: Well, the reality is we've been seeing it two or three times a month, sometimes.</p><p>In a statement, Sheriff Tom Dart's Office says it never knowingly holds inmates for ICE beyond the 48 hours. And once inmates are in the jail next to the courthouse, the Sheriff's Office says it doesn't let ICE speak to them. Asked who's letting ICE interview inmates before their bond hearing, Dart's office says it's the jurisdiction of the State's Attorney and the Circuit Court chief judge.</p><p>Those officials respond that only the sheriff controls the courthouse's holding cells.</p><p>One man who's not happy with the way things are working at 26th and California is Cook County Commissioner Roberto Maldonado. He pushed the sanctuary declaration through the county board in 2007.</p><p>MALDONADO: None of the independent elected officials, like the state's attorney or the sheriff, none of them has gone to the courts to challenge our ordinance and say, ‘We are exempt.' Right now all of them, all those constitutional officers, must abide by the ordinance.</p><p>When it came to Miguel García's case, attorney Salvador Cícero says the Sheriff's Office didn't abide by the sanctuary measure.</p><p>But the county's independent inspector general, Patrick Blanchard, says his office hasn't received any complaints alleging sanctuary violations.</p><p>SOUND: Office.</p><p>In his Pilsen office, Cícero breaks some bad news to García's wife.</p><p>CÍCERO: Me pude comunicar con la teniente Johnson, que me confirmó que sí lo recogieron esta mañana.</p><p>He says the Sheriff's Office has handed over her husband to ICE.</p><p>WIFE: Aquí tengo mi casa pero si me esposo no está no voy a poder pagarla....</p><p>Garcia's wife says she won't be able to afford their house without him. And she worries about their two youngest. They're U.S. citizens.</p><p>García will now likely face deportation. And plenty of people believe he should, because he entered the country illegally. But Commissioner Maldonado says he'll keep fighting to sever links between the Sheriff's Office and federal immigration officials.</p></p> Tue, 14 Apr 2009 14:00:00 -0500 http://www.wbez.org/story/news/immigration/sheriff%C3%A2%E2%82%AC%E2%84%A2s-office-helps-immigration-agents