Thank you for taking Legal Aid Justice Center’s previous comments and recommendations into consideration. We appreciate the effort you and your team have made to ensure a smooth roll-out of the DPC program. After reviewing the proposed required documentation and responses to questions, we continue to have concerns that the requirements raise unnecessary barriers to accessing DPCs. 

Proof of SSN or ITIN

            As the DMV guidance says, Virginia law only requires the DMV to collect social security numbers (SSNs). It does not require the collection of Individual Taxpayer Identification Numbers (ITINs) separate and apart from proof of individual income tax returns. See Code of Va. § 46.2-328.3. Furthermore, unlike with a Social Security Number, there is no “ITIN card” or other formal identity-type document for ITINs. While some may save their initial ITIN assignment letter, many do not, not out of negligence but because they do not realize the letter itself could be an important legal document rather than simply a letter with important information that they can store elsewhere.

Requiring separate documentation showing an ITIN, in addition to requiring tax returns, will raise significant barriers to receiving a DPC with no basis or justification in Virginia law. We understand a desire for consistency. However, the DMV should not impose additional requirements for the sake of consistency where the law does not require it, and where consistency comes at the cost of access to DPCs for otherwise eligible individuals. We urge the DMV to strike this requirement or to permit proof of income tax returns to satisfy the requirement.

Proof of Identity

We continue to believe that a valid, unexpired biometric passport alone should be sufficient to prove identity, without need for any additional List A or B document.  Currently, valid unexpired U.S. passports or unexpired foreign passports with U.S. visas or an I-94 or entry stamp are sufficient to prove for those applying for drivers’ licenses. Biometric passports require extensive identity validation, are issued by national governments, and contain all information necessary to verify identity including a photo.[1] Further, while the DMV may not have a mechanism to verify these passports with their respective governments, the residency and tax information required to obtain a DPC should be sufficient to verify the identity of the individual who presents a valid, unexpired foreign biometric passport. We agree that non-biometric passports would require additional identity documentation from List A or B. Requiring additional documentation will raise unnecessary barriers that could prevent otherwise eligible individuals from obtaining their DPC. As with the proof of ITIN requirement, consistency should not come at the cost of access to DPCs.

For those without a passport, we reiterate our suggestion to add additional U.S. government-issued identity documents to List A that may held by DPC-eligible individuals, especially those who are going through immigration proceedings to obtain legal immigration status in the future. These documents are reliable because they contain biographical information and a photograph of the individual on the form, and have been created and relied upon by the U.S. government. Further, it is often difficult for individuals in the United States under orders of supervision or recognizance to obtain other forms of photo identification, making it all the more important that these documents be added to List A. These are:

• Office of Refugee Resettlement (ORR) Verification of Release
  • This is a paper identity document containing a photo, name, and birthdate of unaccompanied immigrant children who have been released from federal custody. Every child released from an ORR facility is given one of these forms, with their photo, biographical information, and the name and address of the caregiver who will be responsible for them immediately upon release. In our experience, Virginia school districts often accept these as part of the required identity and residency documentation for school enrollment.[2]

• Order of Release on Recognizance (Form I-220A)
  • An order of release on recognizance is an alternative to detention where DHS chooses to release an immigrant into the United States without requiring them to pay a bond.[3] When an individual is granted an order of release on recognizance, DHS issues Form I-220A providing the individual’s biographic information and a photo, in addition to terms of release and a record of required check-ins with ICE if applicable.

• Order of Supervision (Form I-220B)
  • An order of supervision is an alternative to detention where someone is released into the United States.[4] When an individual is placed under an order of supervision, DHS issues Form I-220B providing the individual’s biographic information and a photo, in addition to terms of release and a record of required check-ins with Immigration and Customs Enforcement.

We also reiterate our suggestion to add the following government-issued document to List B, which contains biographical information that has been confirmed by the U.S. Government. A redacted sample is included with this letter:

• Form I-94, Admission and Departure Record
  • Note that Form I-94 is currently listed as a way to confirm identity and lawful presence for a Virginia driver’s license, and so should also be included on the list of potential identity documents for Driver’s Privilege Cards if a second form of identification is required.[5]

Translated Documents

We appreciate the DMV having taken our prior suggestions regarding translations and copies of documents. We note that a certified English translation may be done by anyone fluent in both languages, whether or not they are a professional translator. We are concerned that including a requirement that certified translations be done by a professional translator will result in erroneous rejections of individual’s otherwise satisfactory documentation. For reference and by example, the United States Citizenship and Immigration Services (USCIS) merely requires “certified translations,” and does not have any “professional translator” requirement for document translation. See, e.g., https://www.uscis.gov/i-485Checklist. USCIS translation instructions state:

“If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.”

We are also concerned that there is no way to verify or identify whether a translator is “a professional translator”. For example, while the attorneys and community organizers in our Northern Virginia office are not “professional translators” per se, they are fluent in Spanish and in English, and frequently provide certified translations of documents for clients to use in court and in other official settings. Therefore, we believe that the words “by a professional translator” should be removed from the translation requirement language.

Proof of Virginia Residency

We reiterate our request to add a notarized letter from the applicant’s landlord or sub-lessor confirming residence to the documents listed as Primary Residence Documents. Many of our clients are not listed on the leases for the homes in which they live, informally rent or sub-let apartments or rooms within larger residences, or have other informal living arrangements. In our experience, government institutions accept notarized letters confirming residence by lessors where a formal lease is not available.

Written Explanation of Rejections

Nearly all of LAJC’s clients who have been rejected when applying for licenses or IDs from the DMV come to us having received no documentation of the rejection. They are almost universally given a verbal explanation that they often do not understand and cannot accurately relay. Given that the current procedure for rejections is to provide a receipt and that LAJC’s clients do not receive such a receipt, we urge the DMV to conduct additional training for all front-line staff regarding the provision of written explanations of rejections to customers unable to complete their DPC applications. This should include guidance about informing customers that the return receipt documents lists the documents they were missing.

            Thank you for considering these additions and changes. They are based on our extensive experience with communities that will likely represent the majority of applicants for DPCs, and these revisions will avoid preventing otherwise eligible individuals from obtaining their Drivers’ Privilege Cards.

Feel free to contact us directly if we can provide you with any further information regarding this matter, or to discuss further.

Thank you.

                                    Sincerely,

                                                //s//

                                                Simon Sandoval Moshenberg

Legal Director, Immigrant Advocacy Program

                                                            //s//

Edgar Aranda-Yanoc

Senior Lead Organizer, Immigrant Advocacy Program

            //s//

Rebecca Wolozin

Attorney