Virginia Governor Orders DMV to Deny Immigration Papers

Yesterday, Virginia Gov. Bob McDonnell declared that the Department of Motor Vehicles would no longer be allowed to accept paper employment documents for immigrants as accepted proof of residence documentation to obtain a Virginia license or identification card.

According to The Associated Press, which first broke the story of the order last night, Gov. McDonnell banned this document in response to a fatal car crash that occurred over the summer in Prince William County. 

In that accident, Carlos Martinelly Montano, an illegal immigrant who has a spotted immigration past, was arrested after a local nun was killed in the crash.  

On Aug. 30, Prince William County Chief of Police Charlie T. Deane wrote a published letter to John T. Morton, Assistant Secretary of Homeland Security, pressing the Department of Homeland Security to change its policies. 

Specifically, Deane asked Morton to remove the policy that allows Employment Authorization Cards to be issued to illegal aliens pending deportation hearings, as was the case with Montano, citing the policy as a "glaring gap."

In Deane's letter to Morton, he stated that Department of Homeland Security issued an Employment Authorization Card to Montano on Jan. 14, 2009 after he was "placed in deportation proceedings for a second DUI offense."

Deane went on to highlight the discrepancy, and stated that Montano, "later used the EAC to show legal presence in order to obtain a Virginia Department of Motor Vehicles Identification Card. This coming after he had used an EAC issued in 2007 to demonstrate legal presence to obtain a Virginia Driver's License."

The Associated Press said Virginia DMVs will still be accepting nearly 20 alternate federal forms as proof of residence, just not the Employment Authorization Document. An I-766, as the document is referred to, authorizes a person to work temporarily in the United States without being a resident.

Corey Stewart, Prince William Board of County Supervisors Chairman-at-Large, has lauded Gov. McDonnell for his decision yesterday.

"The governor and his administration should be applauded for acting swiftly to close this dangerous loophole," said Stewart in an issued press release. "Now it is up to President Obama, Secretary Napolitano, and Congress to reverse the U.S. Immigration and Customs Enforcment's policies on issuing Employment Authorization cards to convicted criminal illegal aliens slated for deportation."

An unexpired Employment Authorization Document, also known as an EAD or form I-766, is also allowed by the DMV as a proof of identity primary document.

Documentation regarding employment authorization from U.S. Citizenship and Immigration Services, states that a person must have a "particular kind of immigration status or have a specific kind of application pending with us to be eligible for employment authorization."

According to USCIS' website, which hosts downloadable versions of the prerequisite I-765 application form, both employers and employees must fill out paperwork to obtain the card. Such paperwork includes an I-9 Employment Eligibility Verification form.

Subsequent language in DMV documents stating that I-766s can be used as proof of residence will now be removed.

An Employment Authorization Application requires a $340 fee; which does not apply to some groups of foreign government personnel, refugees or asylees.

Prior to this order by the governor, the DMV allowed 12 foreign documents to be submitted as one form of primary identification. The DMV does not allow temporary documents or photocopies of approved documents to be submitted for a license.