Undocumented Motorist Safety and Insurance Task Force Report

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Te Undocumented Motorist Safety & Insurance ask Force (the ask Force) was established bythe 147th General Assembly via Senate Concurrent Resolution No. 36. In authorizing the ask Force,the General Assembly recognized the possibility that public safety, economic dynamism, and generalwellness in Delaware might be enhanced by a framework in which undocumented Delawareans lawfully

could operate vehicles and obtain automobile insurance.

Tis Report summarizes the work of the ask Force, which was comprised of representatives froma diverse set of local and regional stakeholders. Te members of the ask Force discharged their dutiesover the course of six meetings, and worked diligently, in good faith, and with the goal of identifyingthe possibility and practicality of establishing an effective system of driving privilege cards that wouldbenefit undocumented Delawareans, Delaware motorists, and the general Delaware public.

In the pages that follow, the findings and recommendations of the ask Force are set forth, asare summaries of each ask Force meeting. Te summaries have been craed to give readers anunderstanding of the depth and breadth of the issues examined by the ask Force. For those readers

who are in interested in more detail, the formal minutes of each meeting are also provided. Te arc ofthe ask Forces meetings and discussions certainly was a journey, and we invite the reader to reviewthe detailed minutes and traverse that arc so as to understand more fully the hard work and thoroughdeliberation of the ask Force.

Te ask Force Co-Chairs thank each and every member of the ask Force for his or her serviceand participation in that deliberation. Te significant developments at the federal level concurrent withthe final meetings of the ask Force demonstrate that the issue of the opportunities and responsibilitiesopen to undocumented members of our community is an important one. It will be the responsibilityof our elected and appointed officials to build on the thorough work of the ask Force and determinethe systems Delaware will implement in pursuit of enhancing safety, economic opportunity, and overallwellness for all members of the Delaware community. It will be the responsibility of community leadersto build trust and faith among undocumented Delawareans that any system put into place by Delawareis one that can promote safety, opportunity, and wellness for all, and that the extension of formalopportunities brings with it formal responsibilities. We take heart that, as evidenced by the productof a ask Force with diverse membership, these kinds of conversations and outcomes are possible inDelaware.

Senator Bryan ownsend, Co-Chair Representative Helene Keeley, Co-Chair

Legislative Hall, DoverDecember 23, 2014


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Te Undocumented Motorist Safety & Insurance ask Force hears from a member ofthe public during a meeting at the Buena Vista State Conference Center.


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Description of Members Affiliations:3 Senate Members (1 co-chair)3 House Members (1 co-chair)

A Representative of the Office of the Governor3 Members of the Delaware Hispanic CommissionA Representative of the Dept. of Safety and

Homeland SecurityA Representative of the Delaware State PoliceA Representative of the Del. Police Chiefs CouncilA Representative of the Dept. of Health and

Social ServicesA Representative of the Division of Motor VehiclesA Representative of the Dept. of LaborA Representative of the Attorney Generals Office

A Representative of the Office of theInsurance Commissioner

A Representative of the Latin AmericanCommunity Center

A Representative of the Consejo Pastoral de Delaware(Pastoral Council of Delaware or COPAD)A Representative of La EsperanzaA Representative of the New Castle County Chamber of CommerceA Representative of the Central Delaware

Chamber of CommerceA Representative of the Greater Georgetown

Chamber of CommerceA Representative of the Mid-Atlantic Hispanic

Chamber of CommerceA Representative of the private insurance providers ofproperty and casualty coverage in Delaware, living andworking in DelawareA Representative of the Delaware Alliance for

Community AdvancementA Representative of Delmarva Poultry Industry, Inc.

Appointed Members:

Senator Bryan ownsend, Co-Chair

Senator Robert Marshall

Senator Brian Pettyjohn

Representative Helene Keeley, Co-Chair

Representative Andria Bennett

Representative Joseph Miro

Appointing Authority:

Te Hon. Patrica M. Blevins, President Pro emporeTe Hon. Peter C. Schwartzkopf, Speaker of the House

Te Hon. Jack Markell, GovernorLeadership of the Hispanic CommissionTe Hon. Lewis D. Schiliro, Secretary

Colonel Nathaniel McQueen, Jr., D.S.P. CommandantPresident of the CouncilTe Hon. Rita Landgraf, Secretary

Ms. Jennifer Cohan, Director of DMVTe Hon. John McMahon, Jr., SecretaryTe Hon. Joseph R. Biden, III, Attorney General

Te Hon. Karen Weldin Stewart, Commissioner

Leadership of the L.A.C.C.

Leadership of the COPAD

Leadership of La EsperanzaLeadership of the N.C.C. Chamber

Leadership of the CD Chamber

Leadership of the Georgetown Chamber

Leadership of the Mid-Athantic Chamber

Co-Chairs of the ask Force

Leadership of the Alliance

Leadership of D.P.I.

Representing/ Date of Appointment:

Delaware State Senate, 01/29/2014



Delaware House of Representatives, 02/07/2014



Membership of the Undocumented Motorist Safety & Insurance ask Force


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James Collins* (* Mr. Collins was replaced by Drew Fennell, Esq.)

Mr. Javier orrijos

Rosario Calvachi-Mateyko

Matthew Heckles

Raymond Holcomb

Major Melissa ZebleyChief William opping

Deborah Gottschalk, Esq.

Jennifer Cohan

Keyla Rivero-Rodriguez

Sean Lugg, Esq.

Karen Weldin Stewart

Ana Velasquez

Pastor Jermias RojasClaudia Poretti

New Castle County Chamber of Commerce

Judy Diogo

Greater Georgetown Chamber of Commerce

Jose Somalo

Bryan Cochran

Darlene Battle

Delmarva Poultry Industry, Inc.

Office of the Governor, 02/06/2014Ms. Fennell was appointed in 11/2014

Delaware Hispanic Commission, 02/06/2014



Dept. of Safety and Homeland Security, 02/06/2014

Delaware State Police, 02/06/2014Police Chief s Council, 02/06/2014

Dept. of Health & Social Services, 02/06/2014

Division of Motor Vehicles, 02/06/2014

Dept. of Labor, 02/06/2014

Office of the Attorney General, 02/06/2014

Office of the Insurance Commissioner, 02/06/2014

Latin American Community Center, 02/06/2014

Consejo Pastoral de Delaware, 02/06/2014La Esperanza, 02/06/2014

No Appointment Made

Central Del. Chamber of Commerce, 02/06/2014

No Appointment Made

Mid-Atlantic Hispanic Chamber of Commerce,02/06/2014

Delaware Alliance for Community Advancement,02/06/2014

Delaware Alliance for Community Advancement,02/06/2014

No Appointment Made

Undocumented Motorist Safety and

Insurance Task Force Support Team:

Michelle Zdeb, Legislative Assistant for the DelawareState Senate Majority Caucus, staffed the meetings,

planned and coordinated the work of the ask Force,reviewed the Meeting Minutes and Report Materialsand provided liaison services between the ask Forceand public.Shelley Earley, Legislative Secretary for the DelawareState Senate Majority Caucus, and Caitlin Del Collo,Legislative Fellow for the Delaware State Senate

Majority Caucus, summarized the ask Force meetingsand assisted in staffing the meetings.

Dick Carter, Special Projects Director for theDelaware State Senate Majority Caucus, compiled andreviewed the ask Force Report.Alton Irvin, Communication Assistant for theDelaware State Senate Majority Caucus, providedphotography services during ask Force meetings.


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Undocumented Motorist Safety & Insurance ask Force Findings

l A significant number of undocumented Delawareans currently drive without licenses (including withouthaving obtained auto insurance or taken a written test, road test, or eye test). Tese individuals currently areineligible for any form of driving permit presently issued in Delaware.

l Ensuring that more Delaware motorists have passed driving-related tests and obtained automobile insurance

stands to help increase safety and reduce insurance premiums for all Delaware motorists.

l Several other states have already enacted legislation establishing driving-privilege card systems to helpimprove public safety on roadways. Te examples of these states provide Delaware with an opportunity to adopelements of systems that have been effective and enable us to avoid elements of systems that have been ineffectiveImportantly, anti-fraud measures are necessary, as is a comprehensive, community-driven education campaignAlso importantly, these systems are best thought of as ways of establishing lawful drivers but not establishing theformal identity of those individuals.

l Many undocumented Delawareans contribute to Delawares economy and community, including the payment

of taxes on their salaries/wages.

l Many undocumented Delawareans are willing to step out of the shadows and more formally integrate intothe Delaware community, but currently lack an avenue along which to do so.

Members of the Undocumented Motorist Safety & Insurance ask Force meet at the atnall Building in Dover.


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l Te more complicated the application process, the less likely undocumented Delawareans are to apply fora driving-privilege card. Most specifically, if fingerprints are a required part of the application process, manyundocumented Delawareans may opt not to apply for driving-privilege cards.

l Structured properly, a driving-privilege card system will improve public safety on roadways while discouragingfraudulent applications or a direct influx of new immigrants. It is important that any system implemented shouldensure that Delaware remains in compliance with the 2005 federal Real ID Act.

l Te pace and scope of immigration reform at the federal level remains uncertain. Tere is significant merit toDelaware choosing not to wait for progress at the federal level, and taking whatever actions it can to improve publicsafety on Delaware roadways, strengthen economic and community opportunities for all Delaware residents, andresolve sensitive immigration and cultural issues.

ask Force Recommendations

l Te Delaware General Assembly should pass legislation to implement a driving-privilege card system that

complies with all federal and state identification requirements and that provides undocumented Delawareansthe opportunity to drive on Delaware roadways legally, more safely, and with automobile insurance. As a meansof striking the right balance between enhancing safety on Delaware roadways and not encouraging a wave ofundocumented residents moving to Delaware, the system should require that applicants submit two years ofDelaware tax returns (or evidence showing they are dependents claimed on such returns). Te system alsoshould require applicants to meet all other requirements for a standard drivers license issued by the DelawareDivision of Motor Vehicles. Te General Assembly should examine in more detail the costs and benefits ofincluding fingerprints as a requirement of the application.

l Te Delaware General Assembly should undertake efforts, including enacting legislation, to ensure that anyinformation obtained from applicants for the driving-privilege card is not used for other purposes, unless the

information is indicative of criminal history that suggests a potential threat to public safety. More specificallythe Delaware General Assembly should pass a rust Act. Te ask Force has not developed a sample, but theask Force does submit that a rust Act should relate solely to the issue of the exchange of undocumented status/information and should not be relied on as protection against charges or processing for violent or other seriouscriminal activity.

l Te Delaware General Assembly should support community and law-enforcement groups in their efforts toeducate undocumented Delawareans about the requirements of the driving-privilege card system and applicationso as to increase participation in the system.

l Te Delaware General Assembly should undertake efforts over time to identify possible enhancementsto the system, including modifications as federal immigration laws change and enhancements to penalties forundocumented drivers who choose not to participate in the system.


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Summary of Meetings

February 18, 2014 the ask Force heard introductory comments from members. Te ask Force then receiveda formal presentation from Jennifer Cohan, Director of Delawares Division of Motor Vehicles, on the details ofefforts by other states to address the important issue of integrating undocumented residents into the population oflawful drivers. Open discussion by the ask Force included the topics of:

(1) reciprocity among states with driving-privilege card systems;

(2) the DMV not being able to authenticate the documentation individuals bring from their native countries;

(3) a requirement of Delaware tax returns to confirm residency and deter fraud;

(4) the challenge of making individuals wait to obtain a driving-privilege card if they are moving to Delaware forthe purposes of employment already obtained;

(5) whether to refer to these cards as driving-privilege cards or driving-authorization cards;

(6) whether Delaware would have to comply with a request from the federal government for information aboutapplicants to Delawares driving-privilege card program;

(7) the public safety benefits realized by states that have already implemented these systems;

(8) the ability of undocumented motorists to obtain insurance notwithstanding their undocumented status;

(9) the up-front costs and longer-term recouping of costs for the DMV to implement this system;

(10) poll results from Delawares Latino community regarding their willingness to apply for driving-privilege cards

(11) the benefits to law enforcement of having more motorists be in possession of some document issued byDelaware;

(12) the passage of a rust Act that prohibits state and local law enforcement from turning undocumented motoristsover to federal authorities simply on their undocumented status;

and,

(13) the issue of undocumented motorists entering the criminal justice system due to traffic stops for driving

unlawfully, and possible transition into the federal immigration system.

April 2, 2014 the ask Force received a presentation from the Delaware Department of Safety and HomelandSecurity regarding the process of interactions between law enforcement, DSHS, and federal officials relating toundocumented Delawareans. Te ask Force then received a presentation from the Coalition for a Secure DriversLicense (CSDL) and a presentation from the Delaware Department of Insurance, which included discussion ofanti-fraud and documentation verification issues and insurance affordability issues, respectively. Additional askForce discussion included the topics of:

(1) the potential for card holders to be reported to immigration officials by those who see the holders in possessionof the unique cards;

and,(2) the process likely to unfold if a card holder is involved in a traffic accident while traveling outside of Delaware.

May 13, 2014 the ask Force received a presentation from a representative of the private automobile insuranceindustry. Discussion followed, including:

(1) the issue of insurance affordability for undocumented motorists;

(2) whether a system would develop that does not charge high premiums for undocumented motorists who actuallyhave lengthy driving experience in their native countries;

and,


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(3) issues relating to how law enforcement identifies undocumented motorists, and the impact of traffic stops onthe driving records of undocumented motorists.

June 19, 2014 the ask Force received a joint presentation from ask Force members representing the DelawareState Police and the Delaware Police Chiefs Council. Te presentation expressed the view that there could bea benefit to a driving-privilege card system. Te presentation also called for the inclusion of fingerprints in theapplication requirements and for the DMV to verify as much documentation as possible. Te ask Force discussed

the conclusions of the presentation, as well as the importance of community engagement and education to helpundocumented Delawareans. Te ask Force also discussed the possibility of passing a companion rust Act toensure undocumented Delawareans that:

(1) law enforcement would not report non-criminal offenses to immigration officials,

and/or

(2) the DMV would not provide its database information to federal officials. Te ask Force also received apresentation from the American Association of Motor Vehicle Administrators. Te presentation revised ongoingefforts around the country to address this issue, and confirmed that there are public safety benefits to implementinga system of driving-privilege cards. Te ask Force next discussed the timetable for producing a final report.

October 1, 2014 the ask Force engaged in lengthy open discussion regarding the benefits and costs of requiringfingerprints as a part of an application for a driving-privilege card. Te discussion covered several topics, including

(1) when and how law enforcement would utilize fingerprints on record;

(2) the chilling effect that a fingerprint requirement would have on people signing up for cards (and thus reducingthe public-safety benefits of the program);

(3) the importance of a robust education campaign among members of the undocumented community;

and,

(4) passing a rust Act that would not inhibit law enforcement from doing its job but would reassure undocumentedDelawareans that their information would not be provided to immigration officials.

December 1, 2014 the ask Force engaged in open discussion and finalized its Report.


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Minutes of the Undocumented Motorist Safety & Insurance ask ForceMeeting of February 18, 2014

Buena Vista State Conference Center, 4:30 6:30 p.m.

ask Force Members Present:

Senator Bryan ownsend Senator Robert MarshallRepresentative Andria Bennett James CollinsJavier orrijos Rosario Calvachi-MateykoMathew Heckels Raymond HolcombMajor Melissa Zebley Deborah Gottschalk, Esq.Jennifer Cohan Sean LuggAna Velasquez Claudia Pena PorrettiJose Somalo Bryan CochranDarlene Battle

Absent:Senator Bryan Pettyjohn Representative Helene Keeley

Representative Joseph Miro Chief William oppingKeyla Rivero-Rodriguez Karen Weldin StewartPastor Jermias Rojas Judy Diogo

Staff:Michelle Zdeb Alton Irvin

Mariclaire Luciano

Attendees:Gene Reed, DOI, Representing Commissioner Stewart Rhonda West, DOIRev. Carlos Ochoa, St. John Holy Angels Parish Vladimir Rosales, LA ZMY RadioRev. Salvador Magario, St. Catherine of Siena Church Max Gluestein, CSDLAndrew Meehan, CSDL Kami Beers, DMVScott Vien, DMV Mike Williams, DMVKevin Andrade, member of the media

Te task force meeting was brought to order at 4:38 pm.

* * *INRODUCIONS:

Senator ownsend, co-chair, introduced himself and

thanked the members of the ask Force for responding soquickly upon the passage of Senate Concurrent Resolution(SCR) 36. He then turned the floor over to the members ofthe ask Force, who were present, to introduce themselves.Te Senator noted that the Delmarva Poultry Industry andthe Greater Georgetown Chamber of Commerce declinedto have representatives on the ask Force, but that they arewelcome to join in the public comment at any time. He furthernoted the New Castle County Chamber of Commerce is stilldeciding whether to have a representative on the ask Force.

ASK FORCE IMEABLE

Senator ownsend stated per SCR 36, the ask Force

is to meet monthly unless the co-chairs indicate otherwiseFurthermore, the report is due to the President Pro emporeof the Senate and the Speaker of the House of Representativesno later than October 31, 2014.

BACKGROUND OF SENAE CONCURRENRESOLUION 36

Senator ownsend shared that Representative Keeleyis glad that there is a renewed focus on the issue of


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undocumented motorist safety and insurance, as she,Representative Miro, and Senator Marshall have beenlooking at the issue for a while.

Te Senator further elaborated that the backgroundof SCR 36 was due to not just passing a law, but getting aknowledgeable, well diverse group together to look at anextremely complex issue. He noted how the issue affectsmany people in the state, including members of the GeneralAssembly and their families, some of whom have been inautomobile accidents involving undocumented drivers.Te Senator explained that the ask Force has broadrepresentation because of the fact that the issue is far-reaching in its impacts. Additionally, the Delaware HispanicCommission and other legislators have wanted to addressthe issue for some time.

OVERVIEW OF ISSUES

Senator ownsend turned the floor over to ask Force

member, Javier orrijos, to provide an overview of the issues.

Javier orrijos, Chair of the Delaware HispanicCommission, thanked the Senator for sponsoring SCR 36.He stated that the issue is important, as some people livein fear and have a difficult time traveling from point A topoint B. Furthermore, the Delaware Hispanic Commission(DHC) would like to see a responsible bill passed throughthe General Assembly as a result of the ask Force.

Senator ownsend thanked Mr. orrijos and invitedother members of the ask Force to provide input.

Bryan Cochran, representing the insurance industry,confirmed that the insurance industry is not prepared to takea stance on any immigration issues. Generally the industrysupports attempts to test, license, and insure the safety of allindividuals.

Senator ownsend affirmed that although some peoplethought immigration would be addressed at the federal level,this may not happen anytime soon, and thus it is importantfor the ask Force to face the issue of undocumented

motorists. Te ask Force is concerned with making surethat people, many who are already driving, can do so safely,legally, and with insurance. Another concern is making surethat the Delaware economy is more dynamic, fluid, and safer.Tere are many stakeholders, including the police, HomelandSecurity, and private insurers, which is why there is a diversegroup at the table.

Mr. Cochran provided additional background on theissue, indicating the dilemma came from the Real ID Act,which Congress passed in 2005, and set the standards for

state drivers licenses to be used for federal identificationpurposes. Another policy from the federal level that spurredaction within the states is the Deferred Action for ChildhoodArrivals Act. Children who qualify under this policy arereferred to as dreamers. Tese individuals must be under30 years of age, must have resided in the U.S. continuouslysince June 15, 2007, must have arrived in the U.S. beforethe age of 16, and must attend high school, have earned adiploma or G.E.D., or have received an honorable dischargefrom the Coast Guard or branch of the military. Additionallychildren must not have felonies or significant misdemeanorsor pose a threat to national security and/or safety.

As of August 31, 2013, it was estimated, there were 1.76million eligible dreamers. Te United States Citizenship andImmigration Services (USCIS) received 588,000 applicationsand approved approximately 455,000 applications. Adreamer is not an adult, but a child who has resided inthe U.S. since before the age of 16. Mr. Cochran added thatissuing drivers licenses to undocumented immigrants is a

minimal cost to society. Issuing licenses to those who passthe test and demonstrate compliance with safety laws wouldhave a positive effect on everyones premiums.

o date only Arizona and Nebraska have decided againsissuing drivers licenses to Deferred Action for ChildhoodArrivals recipients. Eleven states, including CaliforniaConnecticut, Colorado, Illinois, Maryland, Nevada, NewMexico, Oregon, Utah, Vermont, and Washington havepassed laws allowing undocumented immigrants to apply forsome kind of driver permission. Te application processesin Maryland, Washington, and Utah became effective inJanuary 2014. Oregons process became effective January2014 as well, but is subject to a referendum in NovemberColorado and Connecticuts processes will begin in August2014; Californias process will be effective January 2015Tese permissions are not federal ID approved. New Mexicoand Utah issue a type of drivers license that is marked toshow that they are not federally approved. Utah issues adriver privilege card. Illinois began issuing temporaryvisitor drivers licenses in November 2013. Mr. Cochranstated that he has access to statutes pertaining to the dreameract to which the ask Force can refer at any time.

Senator ownsend stated this issue affects not onlyundocumented immigrants of Hispanic origin, butothers as well. He noted that he receives emails froman undocumented Asian immigrant in his district. TeSenator made clear the Delaware Alliance for CommunityAdvancement (DACA) is on the ask Force representing abroader group of undocumented immigrants. He then askedif there were additional comments before proceeding withthe presentation by ask Force member, Director JenniferCohan, of the Division of Motor Vehicles (DMV).


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Gene Reed, Deputy Insurance Commissioner, was therespeaking on behalf of the Insurance Commissioner and askForce member Karen Weldin Stewart. He stated that theCommissioner supports the mission of the ask Force, andthat Delaware could lead the nation by example on the issue.

PRESENAION BY JENNIFER COHAN, DIRECOR OFHE DIVISION OF MOOR VEHICLES (DMV)

A summary of Director Cohans slides is provided below:

Director Cohan introduced her team and stated that shewould like the ask Force to move away from referring todrivers licenses and instead use the term driving privilegecard. She explained that this helps to separate these cardsfrom existing drivers licenses and thus avoid problems forboth the DMV and law enforcement.

Slide 2: Around 2012 undocumented individuals whohad previously been issued drivers licenses were no longer

able to renew their licenses. Additionally, Delaware was thefirst state to become compliant with the Real ID Act of 2005.Increasing the number of drivers who lack knowledge ofthe rules of the road is a safety concern, and the evidenceindicates that such individuals are driving anyway.

Slide 3: Te Federal Department of Homeland Securitynow allows the issuance of driving privilege cards as longas they are clearly marked that they are not for federalidentification purposes. Currently about 60% of Delawaredrivers have federally compliant licenses. Te DMV wouldrecommend a third tier category of driving privilege cardswhich would permit driving purposes only.

Slide 4: Te DMV has helped identity management,specifically in cases of fraud and identity the. Out of 12,000cases reviewed, 1,300 cases were criminal identity the.Furthermore, at one point prior to implementing the newsystem, there would be 12-20 attempts per week to bringfraudulent information and try to obtain things throughfraud, but now there is only one attempt every six months.Director Cohan added that the public and private sectors relyheavily upon drivers licenses, including banks, mortgage

lenders, and even the Department of Health & Social Services(DHSS) when providing services.

Director Cohan noted some states are handling the issuewell, while others are not.

Slide 5: Illinois was the first state to implement drivingprivilege cards.

Slide 6: New Mexico is an example of what not to do:they issue a regular drivers license with no Social Security

Number (SSN) required. Fraudulent activity has increasedby over 50% in New Mexico. People from other states goto New Mexico specifically to obtain a drivers license, withevidence of linked criminal activity occurring as far away asNorth Carolina. New Mexicos lenient process for obtaining adrivers license has not had any impact on reducing uninsuredmotorists, reducing crashes, or improving public safety.

Slide 7: Originally Utah did not require finger printingand a photo for driving privilege cards applicants, but hassince required those due to increased fraudulent activity. TeDMV in Delaware does not think that finger printing wouldbe necessary.

Slide 8: Te state of Washington is still working out theirlicense process, which is driven by jobs, specifically withinthe apple picking industry.

Slide 9: Nevadas driver authorization cards are similar towhat the Delaware DMV would propose. However, Nevadas

experience has indicated that a substantial educationcampaign would be necessary, since 75% of those whoapplied for driver authorization cards failed the test.

Slide 10: Te Delaware DMV likes some of therequirements that are used in Maryland, including two yearsof tax documentation and alternative identification suchas a valid foreign passport or drivers license from anothercountry. Maryland is phasing in their program by offeringthe service through appointment only.

Slide 11: Connecticut is in the same phase as Delawarecreated a ask Force to research the issue.

Slide 12: Te backs of the cards issued in Californiaindicate that they do not establish eligibility for employmentvoter registration, or public benefits. Te DMV does nothink it would include this for Delaware-issued cards.

Slide 13: Te DMV recommends that if driving privilegecards were to be issued, they would first require taking thecomplete written, vision, and road test. Tey also recommendrequiring two years of filed Delaware Income ax Returns

in order to prevent undocumented individuals from comingto Delaware from other states just to obtain licenses, as hasbeen the case in New Mexico. Director Cohan added thatyou dont necessarily have to have filed your own tax returnyou can provide proof that you are a dependent on someoneelses tax return.

Te DMV recommends that the driving privilege card bevalid for four years in order to perform more current faciarecognition in order to decrease the potential for fraud. Teyalso recommend a $20 fee for the card (or $5 per year).


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Director Cohan clarified the DMV already allowsDeferred Action students to obtain a drivers license. Tis waspassed through legislation. Te DMV checks with the federalimmigration system, and students with deferred action showup as having legal status.

Slide 14: Director Cohan elaborated on the opportunitiesand challenges presented by the issuance of driving privilegecards:

Opportunities:

Increase the number of motorists who meetminimum safety standards and know the rules of the road;

Potential decrease in automobile accidents;

Reduction of the number of insured motorists onDelaware roadways; currently 10% of motorists in Delawareare uninsured, which is a high rate;

Decrease fear of undocumented individuals havingcontact with law enforcement; although the cards would notbe for official identification purposes, they would facilitatethe collection of information by law enforcement;

Alleviate burdens on the judicial process forviolators; there is a lot of involvement between the judicialsystem and undocumented individuals.

Challenges:

Te cost to issue the cards; the DMV providedSenator Marshall with a white paper on the estimated cost,which is $1.5 million; much of the cost involves manpowerand would be up front; the DMV has learned from Marylandthat phasing in the testing may reduce this cost;

An increase in the number of residents from otherstates coming to Delaware to obtain driving privilege cards;this challenge will be somewhat alleviated by requiring twoyears of Delaware filed tax returns;

Te false perception that driving privilege cardslegitimize the status of undocumented individuals; the askForce needs to pay attention to how the private industry willperceive these cards;

Reciprocity and consistency with other states; theDMV cannot guarantee that other states, such as Maryland,would honor Delaware-issued driving privilege cards; as aresult, these cards would be privilege driving in DelawareonlySenator ownsend asked if there are any examples ofreciprocity.

Director Cohan responded that there is a DriversLicense Compact that ensures reciprocity, but that this doesnot necessarily cover driving privilege cards.

Senator ownsend inquired if any states that issue suchcards have established reciprocity.

Director Cohan replied none of the states have yet, but

that she has begun discussions with the state of Marylandand that representatives from Virginia have not returned hercalls. She stated that it would be nice to establish reciprocityin the Mid-Atlantic region; however, it would be difficultsince states are doing things differently from one another.

She further stated another challenge is that drivingprivilege cards would establish a centralized body oinformation on undocumented individuals. Tis would be aseparate system than what is used for drivers licenses, andis necessary because the two types of cards look differentand have to be tracked differently. Director Cohan noted

that it will be necessary to address how the undocumentedcommunity feels about this issue.

Slide 15: Discussed a sample driving privilege cardreferring to the driving privilege cards in Utah and stated theDelaware DMV would issue something similar but withoutall the red markings. She reiterated the proposed requirementof having two years of Delaware tax returns (including beinga dependent on someones return).

She further noted that the cards would have a lot ofphysical security features. Director Cohan also stated thatthe card would be available to those who are ineligible fora social security number (SSN), consistent with every otherstate. Te cards would have to be clearly distinguishable fromdrivers licenses, which is a concern for Homeland SecurityFurthermore, the cards would have to be phased in due tothe increasing workload at the DMV.

Director Cohan concluded the presentation by asking ifthere were any questions.

OPEN DISCUSSION BY ASK FORCE MEMBERS

Gene Reed, Deputy Insurance Commissionerrepresenting Insurance Commissioner and ask Forcemember Karen Weldin Stewart, clarified that birth certificatesare necessary in order to obtain a compliant drivers licenseand asked if the DMV would issue compliant drivingprivilege cards.

Director Jennifer Cohan responded that the DMV is notlooking to do that, and that the cards would not establishidentity, only ones ability to drive legally in Delaware.


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Mr. Reed asked where undocumented individualswould go to obtain birth certificates if they were required foridentification.

Director Cohan replied stating such individuals wouldneed to go to their respective consulates or their homecountry, but that the DMV is not looking to require birthcertificates in order to issue driving privilege cards. DirectorCohan reiterated that the DMV would not be able to vet theidentities of individuals who obtain driving privilege cardsfor several reasons. One major reason is that drivers licensesissued in other countries do not necessarily meet the samestandards for identification as in the U.S., so the DMV cannotuse a foreign drivers license to vet identity.

Mr. Reed clarified his question regarding birth certificatesin reference to age, which he noted is a determining factorfor insurance rates.

Deborah Gottschalk, Chief Policy Advisor with Division

of Health and Social Services, inquired as to whether statesthat consider employment when issuing privilege cards everwaive residency requirements as long as an individual canprove employment. Ms. Gottschalk stated that in cases inwhich undocumented individuals move to Delaware fromother states, it would be nice for them to have a drivingprivilege card right away, rather than wait two years, so theycan be safe and insured.

Director Cohan acknowledged Ms. Gottschalks pointbut responded that the DMV would not be able to verifywhich individuals are moving to Delaware for work.

Ms. Gottschalk stated that she did not realize thatthis would require employers to document that they haveemployed someone who does not have proof of citizenship.She was curious as to whether states like Washington havedealt with this issue, since their current licensing processis driven specifically by jobs in the apple picking industry.Ms. Gottschalk noted she has a contact at the NationalImmigration Law Center who can provide a legal perspectiveon the issue.

Director Cohan responded that the solution to theproblem is comprehensive immigration reform on thefederal level. What the DMV is proposing is essentially aBand-Aid for the state of Delaware.

Jose Somalo, President of the Sussex County Chapterfor the Mid-Atlantic Hispanic Chamber of Commerce(MAHCC), asked whether other states require passportsfrom the originating country as form of identity.

Director Cohan responded that some states do allow

a foreign passport for identification purposes. She furtherstated it can be difficult to determine whether a passport isfraudulent; the DMV has had people try to use fraudulentpassports from other countries. Other times an individual wilshow a foreign passport that the DMV suspects is fraudulentbut its not; the issue is that some nations passports are belowthe standard used in the U.S.

Senator ownsend, co-chair, inquired if the point ofrequiring two years of Delaware tax returns is to preventpeople from other states coming to Delaware to get a privilegecard.

Director Cohan confirmed yes, that is the point.

Senator ownsend questioned if there are any states thatrequire only one years worth of tax returns.

Director Cohan replied that she did not think any statesrequired just one year, and added that since Maryland

requires two years, and the relationship between Delawareand Maryland is close, Delaware did not want to require anyless.

Mr. Somalo asked if the tax return had to be federal orfrom the state of Delaware.

Director Cohan responded that the return would have tobe from Delaware in order to prove that the individual residesin Delaware. She stated that in studying the issue, using statetax returns has been the best way to establish residency.

Senator ownsend asked for confirmation that the taxreturn requirement is purely to establish residency. DirectorCohan confirmed yes.

Rosario Calvachi-Mateyko, co-chair of the DelawareHispanic Commission, asked for confirmation that theDMV would not require identification from the individualscountry of origin. She stated that undocumented personssometimes have difficulty in obtaining passports from theirhome countries, especially in the cases of persons fromGuatemala and Mexico. Te difficulty is due to agreements

between the countries that make it impossible to fake apassport. Te time it takes to get a passport has increasedfrom two weeks to three or four months, as the documenthas to go to the home country first. Ms. Calvachi-Mateykostated that this is a good thing to prevent fraud. She notedshe has heard from a majority of people that they do havetax identification.

She further inquired if the name driving privilegecard could be changed to safety driver card or requireddriver card, since the purposed of the cards is to ensure


20/9420

safety and compliance with the law. She further stated thatcomplying with the law is not a privilege, but an obligationheld by motorists.

Senator ownsend encouraged input from James Collins.

James Collins, the Governors Deputy Chief of Staff,suggested using the term driving authorization card.

Director Cohan responded that she agrees that it isan obligation. She added that driving is a privilege for allDelawareans, not a right, and that people have to be tested aspart of the requirements to obtain the privilege. Tis notionis taught in drivers education classes.

Ms. Calvachi-Mateyko pointed out that every othercitizen has a drivers license which is not called a privilegecard.

Senator ownsend commented that Mr. Collinss

suggestion of authorization card may be a good substitute.He further clarified that the word privilege is appropriate inthe sense that undocumented individuals are not otherwiseentitled to or eligible for a drivers license.

Director Cohan stated that if she could change the nameof drivers license to driving privilege card, she would.

Senator ownsend acknowledged that this topic bringsup sensitive issues and that the ask Force must deal withthem. He stated that everyone should feel comfortableweighing in. Te Senator further stated that words andclassifications matter.

Mr. Collins requested for elaboration on the centralizationof information and how the federal government views thatinformation.

Director Cohan stated that she has raised this issuewith the Department of Homeland Security. She said thatin the worst case scenario, if someone from Immigrationwanted information on undocumented persons withdriving privilege cards, the DMV would have to provide that

information. Director Cohan is not sure what they would dowith the information, and does not necessarily think this willhappen; however, that is a concern of hers.

Javier orrijos, chair of the Delaware HispanicCommission, asked if in the history of the Delaware DMVhas there been a request for information from a federalagency.

Director Cohan responded that the DMV has been goodat deflecting requests. For example, the Department of Justice

(DOJ) requested all information on people in a certain agerange to be used for recruitment for the military. Te DMVwas effective in this instance in declining, but if the DOJ hadpushed the issue, the DMV would have had to surrenderthat information. She stated that that has happened for otherpurposes.

Senator ownsend asked why the DMV would becompelled to release that information.

Director Cohan stated that it is because the request iscoming from the federal government. She did cite itle 21 305, regarding privacy of customers, in rejecting the federalgovernments request, but there is precedent for federaagencies to receive information from the DMV. DirectorCohan noted citing privacy of customers has worked in thepast.

Ms. Calvachi-Mateyko pointed out the difference oHomeland Security asking for information about an entire

group of people, rather than one individual who poses aspecific threat.

Ana Velasquez, Director of Prevention and Advocacyfor the Latin American Community Center (LACC), askedif the state could include something in the bill to prevent thefederal government from obtaining information collectedfor driving privilege cards.

Director Cohan responded that they could put that inthe bill, and other states have done so, but federal law maytrump state law.

Ms. Gottschalk cited an example from implementing themedical marijuana program, and how the federal governmentprobably will not arrest state employees who implement theprogram, but the federal government isnt willing to promisethat.

Senator ownsend acknowledged the sensitivity of theseissues and stated that he is interested in what the AttorneyGenerals office and law enforcement have to say. Te Senatorstated that it would be helpful to give agencies a heads up on

the issues so that answers to specific questions can be collectedand reported at future meetings. He further stated that heis interested to learn how much the federal government caninfluence Delawares action on this issue. Te Senator theninvited others to share pressing concerns.

Mr. Collins stated that in creating a database ofinformation to monitor prescription drug use, the barwas set high for other agencies to access information. Hespecifically mentioned related criminal investigations as aconsideration for releasing such information. He suggested


21/9421

setting a similarly high bar for the purposes of issuing drivingprivilege cards.

Director Cohan suggested that the ask Force couldmirror the language of itle 21 305.

Senator ownsend provided an example of how to wordlanguage to express that state employees who are in the

care of this information shall not disclose it except in thefollowing circumstance. Te underlying idea is that thefederal government cannot ask for information just becauseit is the federal government.

Sean Lugg, Deputy Attorney General, cautioned theask Force that the DMV should be careful about wordingsince a lot of the DMVs work is funded through the federalgovernment by specific pieces of legislation.

Senator ownsend provided an example of Mr. Luggsstatement, citing how federal highway funds are tied to the

legal drinking age in the states. An additional example isfederal education funding, which can depend on whetherstates do certain things. Te Senator stated that it is importantto determine what issues on the federal level are implicatedby driving privilege cards. He commented that it seemedlike the federal government was going to address the issueof more comprehensive immigration reform, but currentlythere has not been a lot of action on it.

Raymond Holcomb, Delaware State Homeland SecurityAdvisor, asked whether the evidence from the states thathave implemented driving privilege cards is clear regardingthe public safety benefit.

Director Cohan responded it is unclear. Some states areseeing benefits, while others are not seeing benefits. Tat iswhy Director Cohan thinks the ask Force is a good idea,as opposed to moving forward with legislation. No state hasfound a direct correlation between driving privilege cardsand increased public safety. A study in California suggestssuch a correlation, but the effect has not been realized.

Bryan Cochran, representing the insurance industry,

stated some of the uncertainty is due to the fact that the issueis so new. Te private insurance industry, for example, is notyet prepared to take a stance on the issue.

Director Cohan asked if a major insurance companywould provide insurance for a person with a driving privilegecard.

Mr. Cochran responded that a major insurance companywould. He stated that currently all one needs to provide inorder to obtain insurance is a valid drivers license from ones

country of origin. A green card is not necessary. Insuranceis provided for a period of one year when a valid foreigndrivers license is provided. Te industry wants to insure asmany motorists as possible.

Representative Bennett asked whether an insuredmotorist with a driving privilege card can legally avoidpaying fines if he/she gets into an automobile accident.

Mr. Cochran responded that an insurance contract doesnot depend upon citizenship. In the case of an accident withan undocumented, insured motorist with a driving privilegecard, the insurance contract would be honored. Furthermorethe insurance industry is well aware of the demographics ofthe United States.

Senator ownsend stated that there has been discussionof craing legislation that would clearly override insurancepolicies. Te Senator said that he could see language in apolicy that would dictate that an undocumented person was

not actually entitled to x, y, or z, therefore an exclusionclause would go into effect.

Mr. Cochran reiterated that the industry already insurespeople from other countries as long as they have a driverslicense from their home country. Companies do not inquireas to whether motorists are in the U.S. legally.

Director Cohan stated that there have been individualsin Delaware with non-compliant drivers licenses that havebeen denied coverage by certain companies.

Senator ownsend asked if that occurred at the time oftrying to purchase the policy.

Director Cohan responded not saying it is right butreiterating, agencies have denied coverage in the past.

Mr. Reed stated that there have been claims on theinternet of people paying insurance premiums and thenbeing denied claims because they lacked a drivers licenseMr. Reed does not know how true that is. He believes thatlanguage in the contract should uphold.

Representative Bennett clarified she was not trying to saythat there have been cases of motorists avoiding fines, shewas simply asking about a hypothetical situation.

Mr. Reed repeated that the insurance industry is veryaware of emerging markets.

Representative Bennett stated her concern was withsmaller insurance companies, as opposed to larger ones.


22/9422

Senator ownsend stated it is important to keep in mindhow the market will unfold, which is a great reason to have theprivate insurance companies and Insurance Commissionerrepresented here, as well as Representative Bennett.

Representative Bennett stated the importance of havingthe LACC present as well.

Ms. Calvachi-Mateyko stated the need for creating alegal framework for undocumented persons to drive. Shesaid that there are many Latinos in the Georgetown area whothought that in purchasing car insurance, they were legallyallowed to drive in Delaware.

Director Cohan stated that there are unscrupulousindividuals who prey on undocumented individuals.For example, they rent vehicles or say they are providinginsurance when really they arent.

Mr. orrijos mentioned the challenge of the cost of

insurance, as well as the burden to the judicial system. Heinquired as to whether there is cost information since anylegislation coming out of the ask Force would require afiscal note. At the same time he acknowledged that therecould be fiscal relief in other areas.

Director Cohan responded that she does not have thosenumbers yet, but that the DMV will recoup their costs overtime. Tere will be an upfront cost, though.

Senator ownsend stated in hindsight it would havebeen helpful to have a member of the judiciary on the askForce, but that there were already so many members. TeSenator said that if he had known that a few ask Forcerepresentatives were going to decline, he would have asked ajudiciary member to participate. However, the Senator saidhe is sure the judiciary will be willing to work on figuring outcost-savings information.

Mr. Somalo echoed the concerns of the word privilegebeing politically incorrect, and suggested that if the stateof Delaware is going to serve as a model for other states, itwould be helpful to find a different word to use.

Ms. Calvachi-Mateyko stated that the word privilege istied to issues of immigration, and sends a message that thecard is something that individuals are not normally supposedto have. Tat line of thinking distracts from the real purposeof issuing the cards, which is safety on the roads.

Senator ownsend stated that the ask Force should thinkabout at what point they should take action on the languageused. Te ask Force should move in the direction of findingout whether they can have any type of card, regardless of the

language used. However, the Senator said he does not wantto dismiss the issue of language because it is important.

Ms. Velasquez stated that the LACC did a survey of theundocumented community to see if they would be willing totry to obtain driving privilege cards knowing that they wouldbe at risk of being identified and possibly targeted. Out ofalmost 1,600 respondents who are undocumented, 93%indicated they would pursue getting a card knowing thatit only applies to driving in Delaware and only authorizesdriving. 84% of respondents would be willing to pursuesuch cards knowing that they cannot be used for officiaidentification purposes.

She further stated that there may be some confusion overusing the cards for identification; for example, while the cardswould definitely not be federally compliant and be suitablefor boarding airplanes, they would still show identity andpossibly be used at the library. She believes this is somethingthat can be further explored.

Additionally, 76% of survey respondents said they wouldget a card even if it looked markedly different than a driverslicense. 96% of respondents would get a card if it lookedvery similar to a drivers license, but was marked not foridentification purposes.

Overall, the community is willing to pursue cards if theybecome available. Furthermore, evidence indicates that theundocumented community is willing to obtain whateverthey can. For instance, if they can obtain insurance but noa license, they will go through with getting insurance. Tecommunity wants to come out of the shadows and do thingslegally.

Senator ownsend commented that while some peopleview undocumented immigrants as lawbreakers, anyonewho has driven over the speed limit has broken the law tooTe Senator stated that he recently went on a ride along withthe Wilmington Police Department and spoke to policeofficers who indicated that in situations in which they pullover suspected undocumented immigrants, they would liketo be able to see their names and addresses to help determine

whether there is reason to suspect that the individuals arewanted for any crimes. Tis begs the question of who wouldbe able to access the database of undocumented persons withdriving privilege cards. Te Senator asked whether otherstates have allowed law enforcement to access such databases

Director Cohan stated that if law enforcement hadaccess to the database it would be treated the same way asthe database for drivers licenses. Te police would run thedrivers card number and be able to see the drivers name andaddress. Tis could potentially help the situation by reducing


23/9423

fears and the urge for an undocumented motorist to fleefrom a stop.

Senator ownsend asked if law enforcement or HomelandSecurity had a say in this. He further indicated that he wouldlike to hear from the Hispanic community to see if this issueis a nonstarter.

Major Melissa Zebley stated it is easier for first respondersto see identification credentials during any type of encounter,including accidents and traffic stops. She stressed thatimplementation is important, as is avoiding the mistakesthat have arisen in other states. She further stated thateven though the DMV would not be vetting the identitiesof those issued driving privilege cards, it would be helpfulto know that an individuals card was legitimately issued bythe DMV. Additionally, she noted the public safety benefit ofimplementing driving privilege cards.

Senator ownsend asked what currently happens when a

vehicle is stopped and an undocumented individual has nocredentials.

Major Zebley responded that is depends on the scenario,for example whether there is a crash. Procedures are stillcarried out and tickets may be issued, which can be frustratingfor the individual and result in greater issues down the roadfor insurance related reasons. Driving privilege cards couldmitigate this issue.

Senator ownsend asked what would happen if theincident justifies incarceration and the individual has noform of identification.

Major Zebley responded that a lot of other entities wouldbecome involved in the situation to try to establish identityas best as possible. Te Major noted that in the past twoyears, with help of some people present, law enforcementhas been able to increase language services for the Hispaniccommunity. Even with such services, a scenario in which noidentification is available requires a lot of extra resources.

Mr. orrijos commented that facial recognition provides

some level of identification, even if the cards cannot be usedfor official identification purposes.

Director Cohan agreed and pointed out that whoeveran individual presents themselves as when they apply fora driving privilege card is how they will be identified inthe database. Facial recognition will ensure that when anindividual renews their card they do not try to use a differentname.

Mr. orrijos followed Director Cohans statement by

asking whether that helps law enforcement when trying toidentify people within a database.

Major Zebley responded that it would help, even thoughthe identities of undocumented persons with drivingprivilege cards are not vetted to the same extent as those withdrivers licenses.

Mr. orrijos stated that the biggest fear in the communityis that the information on their cards, regardless of what theyare called, would be reported to Immigration and CustomsEnforcement (ICE), or Homeland Security.

Ms. Velasquez stated that of those survey respondentswho indicated they would not pursue a driving privilegecard, 40% would not do so out of fear of being identifiedor targeted by the police. Tis fear exists every day in everyaspect of life. Most people would prefer to have a way tosafely drive their kids to school and to go to work, and sothey would risk pursuing a card. A small segment of the

population would not take that risk.

Darlene Battle, leadership of the Delaware Alliance forCommunity Advancement (DACA), stated that there islanguage that has been used in other states, called the rustAct, which stipulates that law enforcement cannot turnindividuals over to ICE. Ms. Battle indicated that Delawarecould utilize this language, and that she could bring thelanguage with her to the next meeting.

Senator ownsend stated this brings back the issueof whether such language craed into legislation can beenforced since the federal government has more say than theState.

Mr. Holcomb stated that this issue has been litigated inother states, and it has been found that a traffic stop cannotbe used to deport someone with undocumented status.

Mr. Somalo stated that the reality is different, and that ihappens in many municipalities.

Mr. Holcomb stated that Homeland Security is trying

to achieve two objectives. One is to protect citizens oDelaware. If the Department does not see the public safetybenefit of issuing driving privilege cards, then they wilquestion the policy. Secondly, the Department is concernedabout security and the inappropriate use of these cards foridentification purposes. He further stated that such cardsshould be clearly distinguishable from drivers licensesIf there isnt a clear enough distinction, then there is thepotential for unscrupulous individuals to use the cards togain access to certain things. He stated that if the cards donot look different, then there will be problems.


24/9424

Senator ownsend asked whether significantlydifferentiating driving privilege cards would violate the RealID Act.

Director Cohan responded that it would not violate theReal ID Act. She referred to a mockup of a driving privilegecard and indicated that although it looks similar to a driverslicense, the colors would be different, the classificationis different, and there is strong verbiage on it. When lawenforcement would run the cards they would see that theyare a different classification. Director Cohan also noted thata lot of color schemes have already been used for differenttypes of licenses, such as CDLs.

Senator ownsend asked for clarification of the pressureimplied by the Real ID Act.

Director Cohan responded that there is no pressure fromthe Real ID Act in the case of driving privilege cards becausethey are not intended to be compliant drivers licenses.

Director Cohan stressed that the DMV would want to keepthe same level of card security features that drivers licenseshave.

Mr. orrijos stated it is important for the ask Forceto know what happens when law enforcement stopsan undocumented individual, and whether they havea responsibility to report to Immigration and CustomsEnforcement (ICE) or Homeland Security. Additionally,this information needs to be conveyed to the community ifdriving privilege cards are issued.

Mr. Holcomb reiterated that a number of states havelitigated the issue. Several states tried to pass a law thatwould require law enforcement to report undocumentedindividuals to ICE, but those laws were overturned.

Mr. orrijos asked for clarification that such reportinglaws have not been allowed.

Mr. Holcomb confirmed that laws that have attempted torequire reporting have not stood up in court.

Mr. orrijos asked if there is a memorandum ofunderstanding between the Department of Justice, lawenforcement, and Homeland Security.

Mr. Holcomb said he was not aware of such amemorandum.

Mr. Lugg stated his understanding of the statutes Mr.Holcomb mentioned imposes a duty upon law enforcementto report to federal agencies, rather than permission to report,

which raises a separate question of whether law enforcementcan report even if they are not required to. In cases in whichan undocumented individual has already been flagged forsomething else and is arrested, the severity of the offenseand the severity of the flag will matter in terms of reportingMr. Lugg does not know whether a police officer who pullsover undocumented person for a simple traffic violationcould report that person to ICE. He stated that he believesMr. Holcomb is saying the statute cannot mandate reportingand commented that Delaware would probably not havethe resources to comply with such a mandate. Mr. Luggthen cited an example of when he could see an arrest beingmade during a traffic stop, specifically: if an individual hada felony offense and had unlawfully returned to the countryaer having been removed from the country once beforeHowever, he does not think that a lot of undocumentedindividuals are being pulled over for more than just a trafficcitation.

Ms. Calvachi-Mateyko stated she accompanied an

individual when they received a traffic violation and calleda La Esperanza lawyer for that person. Te lawyer stated theperson had to come in immediately aer receiving their firstticket, because aer receiving a second ticket a judge candecide to sentence the individual to prison. Aer a fourthtraffic violation the judge can use discretion to charge aperson with habitual criminal behavior. Luckily in the caseMs. Calvachi-Mateyko witnessed, the individual was able topay a fine. However, Ms. Calvachi-Mateyko noted that thereality is that just through traffic violations undocumentedimmigrants can become part of the criminal justice systemand could be deported.

Mr. Lugg responded there are certain traffic offensesthat carry punishment of a certain level that would triggercertain consequences. It used to be felonies, crimes of certainmoral turpitude, and punishments that were beyond a yearhowever, ICE continues to change what they look at. MrLugg clarified that there are two types of habitual offendersTe one relevant to the ask Force is a itle 21 traffic habitualoffender, which is a person who accumulates a certainnumber of traffic offenses; either a substantial number oflesser offenses, or a smaller number of more serious offenses

If any habitual offender, undocumented or documenteddrives aer being designated a habitual offender, they facea severe punishment of 90 days of incarceration, which maytrigger certain consequences.

Tat is different than the other, 3 strikes type of habituaoffender that is dealt with in the criminal code. Tere are alot of anecdotal stories which may or may not be true. Peoplewho come into the system will be treated differently basedupon the offense committed, rather than who they are and


25/9425

what their background is.

Ms. Calvachi-Mateyko noted that driving without alicense is a crime, which is the problem the ask Force istrying to address.

Mr. Lugg responded that over time a person that driveswithout a license could be designated a habitual offender.

At that point if the person were to drive again, regardless ofbackground, that person would face serious consequences.

Senator Marshall complimented everyone at the tableand stated that the resources available to the ask Forcecan move the issue forward. Delaware was recognized as aleading state in voter participation through the DMV. SenatorMarshall stated that in a few months the ask Force shouldcreate legislation and pilot a program. Te Senator is in favorof creating a friendly card, terming it whatever is agreeable,piloting it, and working out minute details from there.

Claudia Pena Porretti, Executive Director of LaEsperanza, echoed what others said and commented that atLa Esperanza, the types of cases they see is wide ranging. Tisincludes people being pulled over and not being ticketed,to someone being stopped, driving again, and having ICEwaiting with law enforcement to stop that person again.La Esperanza saw an increase in traffic stops over this pastsummer. In response, La Esperanza came up with a plan towork with the judiciary. She stated that it depends on thelaw enforcement officer. Depending on the officer involved,there are many traffic stops of undocumented individuals. LaEsperanza informs their clients that aer so many traffic stopsit becomes a felony, which is not good for future immigrationreform. She stated that the majority of the communitydownstate would prefer to have a driving privilege card, andthat most of them are not getting stopped. Tey want to beable to get to school and work. Some people are stopped overand over again, and in some cases just because they do nothave a license.

She stated that a member of the judiciary wanted toknow how undocumented individuals are able to obtaininsurance and vehicle registration without a license. She also

voiced concerns over the written portion of the test, since alot of La Esperanzas clients dont speak English, and in somecases, Spanish is not their first language.

Director Cohan responded that the test is offered inSpanish, but that the dialect is very academic. Te DMV doesoffer the test as an oral exam. However there is a high rate ofcheating on the oral exams.

Ms. Porretti said that fortunately most of her clients donot end up in Dover in ICE custody, however some do. Tis

is known as catch and release, and can be an overwhelmingexperience when individuals families do not know wherethey are.

Mr. Reed stated that while he wants to echo what SenatorMarshall and Claudia said, he thinks Delaware shouldapproach the problem in a smart rather than fast way in orderto be an example of how to do it right. Te ask Force needsto take unintended consequences into consideration, suchas how insurance might rate individuals if they know theyown a house. Mr. Reed also noted that cards would providedignity to undocumented individuals.

Senator ownsend then invited further questions. Asthere were none, the Senator invited the public to comment

PUBLIC COMMEN

Reverend Carlos Ochoa stated that he has a Parish inNew Castle County and that every day he works with Spanish

speaking parishioners who seek a better life in DelawareTere are almost 100,000 Hispanic people in Delaware. Tereare 10 parishes in Delaware that have Spanish services, andthey try to help out with resources. Reverend Ochoa notedthat he works not only for the Hispanic population but thewhole community. Education is necessary, and there are toomany people being taken advantage of. Te Reverend notedthat some people speak dialects and dont know SpanishFamilies are suffering. Te parish is working with theMexican Consulate, which is receptive to issuing passportsand facilitating the implementation of driving privilege cards

Kevin Adrade thanked the members of the ask Forcefor addressing the issue, and stated that whether a person isdocumented or not, they are still human. He pointed out thechildren of undocumented people will have more and morevotes in the near future. Te issue needs to be addressed nowHe also stated that in Maryland there are training sessionsdesigned to educate undocumented immigrants who may notread or write Spanish. Tese sessions are successful. Whateverneeds to be done in the Hispanic community to successfullyeducate, test, and provide cards to undocumented personsshould be done. Tis could include classes through churches

and media.

CONCLUSION

Senator ownsend stated he would like to rotatelocations between Buena Vista and Legislative Hall, notingDirector Cohan has offered space at the DMV in Dover tohold meetings as well. Te Senator echoed Senator Marshallsstatement about getting things done but also doing themright. He does not want to just pass a bill, but instead wantsto think through all the implications. He would like the


26/9426

Minutes of the Undocumented Motorist Safety & Insurance ask Force

Meeting of April 2, 2014Senate Hearing Room, Legislative Hall, 5:307:30 p.m.

ask Force Members: Present:Senator Bryan ownsend Representative Helene KeeleyRepresentative Joseph Miro James CollinsJavier orrijos Rosario Calvachi-MateykoMatthew Heckels Raymond HolcombMajor Melissa Zebley Jennifer CohanSean Lugg Ana VelasquezClaudia Pea Porretti Jose SomaloBryan Cochran Darlene BattleKaren Weldin Stewart

Absent:Senator Robert Marshall Senator Brian PettyjohnRepresentative Andria Bennett Deborah Gottschalk, Esq.Chief William opping Keyla Rivero-RodriguezPastor Jeremias Rojas Judy Diogo

Staff:Michelle Zdeb Caitlin Del Collo

Mariclaire Luciano (representing Senator Marshall)

Attendees:Andrew Meehan, CSDL Brian Zimmer, CSDLKevin Andrade, Maxima Rhonda West, Del. Dept. of InsuranceGene Reed, Del. Dept. of Insurance Kami Beers, DMVJason Vanderschel, DMV Olivia Lawson, DMVScott Vien, DMV Drew Fennell, Office of the GovernorJen Rini , Delaware State News James Dawson, Delaware Public Media

Te ask Force meeting was brought to order at 5:38 p.m.

* * *

INRODUCIONS

Senator ownsend, co-chair, thanked the members of theask Force and public for attending the meeting. Te Senatorgave recognition to Michelle Zdeb, Legislative Assistant, forher efforts with the ask Force. He then introduced CaitlinDel Collo, Legislative Fellow, and thanked her and Ms. Zdebfor their preparations for todays meeting. Senator ownsend

ask Force to be able to have solid recommendations in areport to give to the General Assembly. Senator ownsend

understands this will take time.

Te meeting was adjourned at 6:28 pm.

then introduced the first item on the agenda: considerationof ask Force Meeting Minutes.

CONSIDERAION OF ASK FORCE MEEINGMINUES

Senator ownsend stated the Minutes were circulatedto ask Force members last week and asked if any members


27/9427

Ms. Calvechi-Mateyko asked if driving without a licenseis considered a serious violation.

Mr. Holcomb responded it is not a serious violation.

Senator ownsend acknowledged that there were anumber of legal issues raised at the first meeting, which hehopes can be addressed by the Attorney Generals office at

future meetings.

Te Senator stated that the information just provided byMr. Holcomb on behalf of Homeland Security was clearlyimportant to the ask Force, particularly in terms of theformal and informal relationships between federal, stateand local agencies, and the ways those relationships wilimpact the structure of legislation or education programs onthe issue. Senator ownsend also noted that RepresentativeKeeley, co-chair, had joined the meeting. He then thankedMr. Holcomb for making himself available and opened thefloor for questions.

Ana Velasquez, on behalf of the Latin AmericanCommunity Center, asked if Homeland Security has anyconcerns about Delaware proceeding with driving privilegecards.

Mr. Holcomb replied that the Departments greatesconcern is the misuse of driving privilege cards for nefariouspurposes, including criminal and terrorist related activityTe Department strongly encourages that if driving privilegecards are issued, they are designed to be distinct from driverslicenses and indicate on their face that they cannot be usedfor identification purposes.

Senator ownsend asked if there were any follow-upquestions or additional questions.

Claudia Pea Porretti, on behalf of La Esperanzareferenced Mr. Holcombs statement that ICE currentlyencourages law enforcement to contact the ICE hotline, andasked what he anticipates will happen between local lawenforcement and ICE if an individual with a driving privilegecard is stopped for a traffic violation.

Mr. Holcomb repeated his statement that he cannot speakfor ICE, but speculated that if a person is stopped for a low-level, misdemeanor traffic violation; local law enforcementwould not call ICE to encourage them to issue a detainer.

Senator ownsend thanked Mr. Holcomb for hisresponse.

PRESENAION BY COALIION FOR A SECUREDRIVERS LICENSE

had changes they wanted to make. Seeing no changes, theSenator asked for a motion to approve the Meeting Minutes.

Javier orrijos, Chair of the Delaware HispanicCommission, moved to approve the Meeting Minutes.

Bryan Cochran, on behalf of the insurance industry,seconded the motion to approve the Meeting Minutes.

Senator ownsend asked for all in favor of approving theMinutes to say aye, then asked if anyone opposed.

Te Meeting Minutes were approved, with all membersin favor.

Senator ownsend thanked the staff at the Division ofMotor Vehicles (DMV) for translating the Meeting Minutesinto Spanish. Te Senator explained that the Minutes weretranslated in order to encourage public participation amongthe Spanish-speaking community, which represents a largepercentage of the people affected by the issue before the ask

Force. Senator ownsend acknowledged that communitiesof other races, ethnicities, and languages are also affected bythe issue.

PRESENAION BY DEPARMEN OF SAFEY ANDHOMELAND SECURIY

Senator ownsend invited ask Force member RaymondHolcomb to provide a presentation on behalf of theDepartment of Safety & Homeland Security.

Raymond Holcomb stated that although he cannot speakfor Immigration & Customs Enforcement (ICE), generallyICE encourages law enforcement to contact ICEs 24-hourhotline in the event that an undocumented individual isdetained for a criminal offense. In such situations ICE willattempt to issue a detainer to hold the individual over fordeportation. While this is the official position of ICE, Mr.Holcomb cannot comment on whether that happens in everyinstance.

Rosario Calvechi-Mateyko, co-chair of the DelawareHispanic Commission, asked whether ICEs policy is

mandated by law.

Mr. Holcomb responded it is not mandated, but stronglyencouraged.

Mr. orrijos asked whether criminal offenses include alltraffic violations.

Mr. Holcomb responded that a traffic violation wouldhave to be a serious, criminal violation in order to beconsidered a criminal offense.


28/9428

Please refer to the attachment to view the PowerPointslides. A summary of Mr. Meehans slides is provided below.

Senator ownsend announced the next item on theagenda: a presentation by Andrew Meehan of the Coalitionfor a Secure Drivers License (CSDL). Te Senator thankedMr. Meehan for coming and mentioned that he attendedthe previous ask Force meeting. Senator ownsend notedthat Director Jennifer Cohan referenced the Coalition for aSecure Drivers License during the first ask Force meeting,and turned the floor over to Mr. Meehan.

Andrew Meehan thanked the ask Force for consideringthe complicated issue of driving privilege cards. Over thepast 24 months, 12 states have begun issuing licenses toundocumented immigrants, and have done so quickly. TeCoalition has found that oentimes the full scope of theissue of driving privilege cards has not been examined priorto passing legislation. As such, the Coalition appreciates thefact that Delaware is taking the time to consider the issue

holistically.

Mr. Meehan proceeded to give background on CSDL.Te organization was founded in 2001, following theterrorist attacks of 9/11. Aer the attacks it was realized thatdrivers licenses are the preferred form of identification; theyare used for purposes such as signing a lease and openinga bank account. At the time of the terrorist attacks therewas not an organization investigating drivers license fraud,who commits such fraud, and for what purposes. People donot go to the DMV to get a second drivers license for noreason; usually there is fraudulent activity related to othercrimes. Many times people obtain a second license becausethe first one has been suspended or revoked. Multiple DUIconvictions, evasion of child support, and wire fraud areother reasons why people try to obtain multiple licenses.In one instance, a woman in New York who had multiplelicenses committed Social Security benefits fraud in theamount of $520,000. In another instance, someone whoselicense was suspended or revoked due to multiple DUIconvictions obtained a CDL license in order to drive a schoolbus. Te Coalition has learned that if fraud is allowed tooccur through easily impenetrable practices, it will occur,

and for a variety of reasons.

In 2009 CSDL established a State Awards Programrecognizing states that take extraordinary measures toprevent identity the and fraud. Awards are given in fourcategories: Document Security, National Security, PublicEngagement, and Identity Protection. In 2012, Delawarewas awarded the Identity Protection Award for taking extrasteps, under the leadership of Director Cohan and others atthe DMV, to protect the identity of those applying for driverslicenses. Mr. Meehan pointed out that although it is more

difficult for a law-abiding person to obtain a drivers licenseit is also more difficult for a criminal to commit fraud. Teprocess in place for obtaining a license is in place for goodreasons. At the same time, Mr. Meehan noted that even withthe right process in place, one corrupt employee at the DMVcan undo the efforts to protect identity.

Another finding from the Coalition is that many DMVsdo not work with local law enforcement when they discovermultiple identities and licenses. Tey simply invalidate thelicenses. At that point, the damage is already done, becausethe multiple documents, which appear legitimate, are alreadyin circulation. In contrast, Delaware has a good record forworking with law enforcement to investigate fraud.

Te process for obtaining a drivers license oridentification card is based upon a layered system of multipledocuments. No one document is absolutely secure, so byproviding multiple documents with identifiable securityfeatures, and verifying the documents with the issuing

agencies, a higher level of security is achieved.

Te challenge with foreign documents is that it is moredifficult to spot fake ones, particularly foreign passports. It isdifficult to verify foreign passports with the issuing agenciesand to recognize them if you are not familiar with whatauthentic foreign passports should look like. DMV workersare used to seeing U.S. passports and can identify forgedones, but the same is not true for foreign passports. Tischallenge can be mitigated through training and providingtemplates of foreign passports; however, this would requiremore resources and lengthen the process.

Nevada is the only state that currently utilizes thelayered system for driving privilege cards. Tey ask forconsular identification cards and foreign passports. Consularidentification cards can be problematic; both the FBI andthe Government Accountability Office (GAO) have testifiedbefore Congress that Mexican consular cards are easy toobtain fraudulently. Te GAO found in some instances thatone could fill out a survey, pay $25, and receive the documentTe FBI has noted that the security features of Mexicanconsular cards are easy to counterfeit. Te Mexican Embassy

in Vermont has provided briefings, but the Coalition hasntbeen able to verify if the features are state-of-the-art.

Tere is no good way to electronically verify theauthenticity of foreign documents. Mr. Meehan noted theDelaware DMV can verify his passport with the U.S. StateDepartment, including his name, birthdate, and the passportnumber. Tis constitutes an important layer of security. Al11 states that currently issue driving privilege cards requireeither a consular identification card or a foreign passport.


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Te Coalition recommends that the ask Force allowthe DMV to decide which documents to require for issuingdriving privilege cards. Tat would allow the DMV to decidewhich documents are secure and communicate with differentembassies about consular cards.

Tere are 180 consulates in the U.S., many of whichissue consular cards with varying levels of security features.A blanket mandate to accept all consular cards would lackprecision since not all consular cards are equally secure.

Mr. Meehan then proceeded to discuss the appearanceof driving privilege cards in other states. He commented thatNevada issues driving privilege cards are visually distinct fromdrivers licenses and are marked not valid for identification.Te card issued in Illinois is visually distinguishable, is adifferent color than the drivers license, and is marked notvalid for identification. Te Utah driving privilege card issimilarly distinct from a drivers license and is marked notvalid for identification, and driving privilege only. Tese

cards allow ransportation Security Administration (SA)and other federal level agents to see that a card does not meetthe requirements of the Real ID Act and therefore cannot beaccepted for official purposes.

Mr. Meehan commented that the Real ID Act is federallaw and is a requirement. He then concluded his presentationand asked if there were any questions.

Mr. orrijos asked whether the Coalition has found onecard among the states which issue them that is preferable interms of security features.

Mr. Meehan clarified Mr. orrijoss question about therelationship between physical security of the cards andthe level of fraud. He commented that the challenge ingeneralizing the relationship is that, with the exception ofWashington, New Mexico, and Utah, the states have not beenissuing the cards for very long. He added that Washington,New Mexico and Utah have seen a lot of fraud. Illinois has onlybeen issuing emporary Visitor Drivers Licenses (VDLs)since January 1, 2014; since that time they have issued 15,000VDLs. However, undocumented immigrant applicants are

included with all other non-citizens in the count of VDLs.Te FDC and Department of Justice simply do not trackdrivers license fraud. Tere have been some cases in Nevadain which individuals attempted to obtain driving privilegecards but did not because the documents did not hold up.Overall, however, it will take time for cases to come forwardin order to establish the relationship between card securityand fraud.

Director Cohan, representing the Delaware Division ofMotor Vehicles, commented that while Washington, New

Mexico, and Utah have all had problems with fraud, Utahhas experienced the least amount of fraud.

Mr. orrijos asked the Director why it is that Utah hasexperienced the least amount of fraud of those states thathave had driving privilege cards the longest.

Director Cohan responded she does not know why.

Mr. Meehan stated it is easy to obtain many of the accepteddocuments for driving privilege cards. He continued that oneof the most common types of drivers license fraud is whenan individual with an invalid license uses a different identityto obtain a new drivers license. Tis includes cases in whicha persons license has been rendered invalid due to multipleDUIs, tickets, evasion of child support, etc. Te bottom lineis that these people shouldnt have been on the road, butstill needed to be (for work, school, etc.), and so they used adifferent identity to get a new license.

Commissioner Stewart, representing the DelawareDepartment of Insurance, shared when she applied for apassport she did not have a birth certificate to produceInstead, she provided her baptismal record, which wasaccepted by the agency.

Director Cohan replied that therein lies one of theproblems with passports: it is more difficult to get a driverslicense in a Real ID compliant state than it is to get a passportFurther complicating the problem is the fact that one of thedocuments needed to obtain a passport is a drivers license.

Ms. Calvachi-Mateyko, referencing information she readpreviously, stated that the Mexican consulate requires thefollowing documents for a consular card: a photo ID, andeither a voter registration card, passport, or military servicecard. If an applicant cannot provide these documents theconsulate confirms the applicants identity by investigating hisor her background using authorities in Mexico. Additionallyan applicant must provide proof of residence, an example owhich is a utility bill. Ten this information is sent to theCentral Registry in Mexico. Ms. Calvechi-Mateyko statedthat the cards can be verified.

Ms. Calvechi-Mateyko shared that many years ago itwas easy to get a consular card, but now it is not. She thenstated that part of the problem is how states close to theborder have gone about issuing driving privilege cards; theymade a mistake in just giving them out, so of course fraudhas occurred. Delaware is in a different situation because thestate is not close to the border and is learning from otherstates experiences.

Ms. Pea Porretti asked if a passport has to be current

Documents

Undocumented Motorist Safety and Insurance Task Force Report