Iowa Court: no licenses for illegals

[benfranklin]

The Iowa Supreme Court ruled that the state does not have to issue driver licenses to illegal, undocumented aliens. Ruling

I have not studied this issue, but it has always baffled me that some people argue that illegal aliens have a right to a driver's license. If someone has a green card or a temporary work permit, sure, a driver's license makes sense. If they are tourists, the license from their home country works here, I believe, or there may be an international license of some kind.

But many people talk about illegal aliens having a right to a driver's license (that's what this suit was about).

[ QUOTE ]
a district judge dismissed the suit, agreeing with the state's contention that illegal aliens have no right to receive driver's licenses

[/ QUOTE ]

That brings up two basic issues in my mind. One, it is a well established principle of law in this country that a driver's license is a privilege, not a right. Two, how can anyone claim that an illegal alien has the same rights under US law that a citizen has, let alone claim that the alien has rights beyond those granted to citizens? Why not take it a step further and claim the right to vote? (Not to throw gas on the liberal-conservative fires, but many conservatives charge that liberals espouse driver licenses for aliens as a step toward enfranchisement, since immigrants are more likely to vote Deomcratic.)

Off topic: I used to live in Iowa, and knew some people at a telecom firm called Iowa Network Services. The company vans had the logo on the side, featuring a large "INS". The drivers would often notice "foreign-looking" folks do a double take at the sight of the vans, and move quickly in the other direction.

[lastchance]

I take issue with just one thing you said.

In many cases, illegal aliens have and should have some of the same rights as everyone else. They have right to life (in that no one can kill them). They have right to a trial when charged with a crime. Right to due process, civil rights, etc.

Other than that, good post.

[HDPM]

I think because only Congress can deal with issues of alienage. There are cases that talk about equal protection for aliens, since they are people and the EP clause applies to people, not just citizens and only the federal government can regulate aliens etc.... So that is probably why states can't cut off illegal aliens from many things. That said, I have not researched the issue in any depth and don't know the details. But I think there are some legal barriers to states deciding issues involving aliens.

The rancid new national ID law may change some things BTW. States will be charged with looking into citizenship when issuing the radio collars.

[Utah]

Maybe that cant regulate things but cant they simply arrest them and ship their ass back?

[HDPM]

No. States can't pass laws on alienage. So it is not a concern or function of state governments to arrest people for being illegal. It isn't their business. However as a practical matter, when illegal aliens are arrested for state crimes the feds get notified and people get shipped back. A given state has no authority to send people out of the country. I mean, how could a cop in south dakota get a person to the border and across? I mean by what authority could the officer arrest the alien for being an alien, transport him through sovereign states without any warrant, and then get him across the border to another sovereign nation? Particularly when you are talking Bosnia, not Mexico. It has to be dealt with by the federal government and the national governments of the other countries. And how could the local govt's deal with who is legal or illegal since that issue is determined by the feds and isn't always so simple.

I don't know a lot about immigration law, so take it FWIW.

[Voltorb]

Shouldn't it be the duty of the state to report the prescence of an illegal alien residing within its borders. If you intend to issue illiegal aliens driver's liscences, at some point you are going to discover that they are in this country illegally. It should be every states duty to notify the INS and have them deported, right? Not doing so would amount to tacit approval (e.g. its a crime not to report a murder you have witnessed to the police, in a sense you become an accomplice).

[HDPM]

right now there is no need to determine citizenship to get a DL. But you are right, this will change and probably should. The states are going to have to ask for citizenship or legal alien cards to give DLs under the new law I think. Of course illegal aliens will drive without licenses or insurance. As happens a lot now. When they are arrested for not having a license they will get sent back, as happens now.