Driver’s licenses for undocumented Kansans are no backdoor to a ‘sanctuary state’

In Kansas, undocumented immigrants pay state and federal income taxes but cannot get a driver’s license. The United States government issues Individual Tax Identified Numbers, or ITINs, to undocumented immigrants so federal and state taxes can be collected from their wages. The ITIN does not establish citizenship or entitle the holder to the federal earned income tax credit or public assistance — it only allows taxes to be collected from wages.

Many Kansas employers rely on the undocumented population to fill gaps in their workforce. In western Kansas undocumented immigrants who have ITINs work legally in meatpacking plants and on farms. They pay sales tax and are members of their communities, but are not allowed to obtain a legal driver’s license.

The failed 2019 Kansas House Bill 2003 would have allowed undocumented immigrants to get a Kansas driver’s license after meeting strict requirements. Proof of identification from their home country and proof of Kansas residency would have to be provided and verified before they would take a written test. After passing the written test, they would have to pass the same driving test that all drivers licensed in Kansas take. The driver’s license would serve as proof of identify and provide legal driving status only. Like the ITIN, it would not establish U.S. citizenship or promise any other freedoms.

The only noted objection to this bill was concerns that if passed, Kansas would appear to be a so-called “sanctuary state.” The few lawmakers with this concern do not understand what a sanctuary state is. The confusion could be in the wording that states undocumented immigrants who receive a license would not be flagged in the driver’s license database as illegal, and they would not be reported to Immigration and Customs Enforcement upon being issued a license. In other words, getting a driver’s license would not put the licensed driver in a different immigration position than before getting a license.

House Bill 2003 did not contain wording that would make Kansas a sanctuary state. Upon being passed it would not have changed the way immigration officers do their job. If an an undocumented immigrant were investigated, his or her name and address would appear in the national database of licensed drivers and ID card holders, with all the typical information being present. If charged with a crime, the bill would not provide sanctuary protection to the licensed driver. There would not be protections from prosecution or deportation. The bill’s focus would simply allow law-abiding undocumented immigrants to hold Kansas driver’s licenses.

Granting a legal driver’s licenses to undocumented immigrants would lower the number of untrained drivers on the road, making them safer for all. A valid Kansas driver’s license would also encourage individuals to maintain the minimum limits of liability insurance on their vehicles.

Kansans should call their state representative and urge them to get with state Rep. Ponka-We Victors and work to reintroduce this bill. With a few minor changes that would clarify the strict limits of the bill, hardworking, law-abiding, taxpaying Kansas residents could start driving safely and legally.

Jennifer Johnson is pursuing a master’s degree in social work at Fort Hays State University.

This story was originally published December 16, 2020 at 5:00 AM with the headline "Driver’s licenses for undocumented Kansans are no backdoor to a ‘sanctuary state’."