Welcome to our blog. It features observations of our attorneys on a variety of immigration issues and policies. Each article reflects the opinion of the writer and not necessarily the firm. This is an exercise in journalism intended to stimulate debate in the immigration field. It is not legal advice, and should not be relied upon. For actual cases, an immigration attorney must be consulted.

Michigan Attorney General opinion unintended consequences for global trade

N. Peter Antone

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            Michigan’s Attorney General’s office has issued an opinion, which limits driver’s licenses to US citizens and Lawful Permanent Residents (known as green card holders). Many Michiganders may applaud this opinion as enforcing our laws, without knowing how damaging this simplistic interpretation will be, if implemented. 

 

            First, our society is comprised not only of citizens and green card holders versus the undocumented. In Michigan there are hundreds of thousands of foreign investors, executives, managers, professionals, experts, and other foreign workers who are legal, are needed here, and are contributing to our economy, but are neither citizens nor green card holders. Making it harder for them to a drive will make Michigan a less friendly State to foreign business. 

 

            In addition, there is a huge segment of potentially legal immigrants who are in the process of becoming legal, but have to undergo a process that takes years, and who otherwise are allowed by the immigration service to work. They include refugees, immigrants with close US family ties, immigrants with hardships, and other comparable situations. Making it harder for those to drive will impose undue hardship on them, and will hurt Michigan economy by making idle an otherwise productive group, who may then need to rely on public assistance. 

 

            This ruling will also impose a huge drain on the resources of the offices of the Secretary of State, since they have to become instant experts in immigration law, causing substantial more delays to everyone else. 

 

            The above does not even start to address the very notion of whether it is wise to drive the undocumented aliens underground, creating a segment of society who are driving without insurance, without testing, and who are unlikely to report crimes or to cooperate with police. 

 

Is it not better for our national security if we know who is living among us, with their addresses and what cars they drive? 

 

            The Attorney General’s opinion seems to be based on an erroneous common misconception that a driver’s license granted to an illegal alien would enable him to work. That is simply not true, because work authorization requires a social security card with work authorization from the Federal government. Nor would a to license to an illegal alien prevent the Federal Government from deporting that alien should it become necessary. I suggest Michigan’s officials reassess this ruling .

              

 

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