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State lawmakers aim to restore ability for undocumented people to get license, ID

April 14, 2023
An empty House Chamber at the Michigan State Capitol on Feb. 15, 2023.
An empty House Chamber at the Michigan State Capitol on Feb. 15, 2023.

In addition to a number of priorities around gun violence prevention, the repeal of both the right-to-work law and the 1931 law banning abortion, Democratic lawmakers are looking to take up legislation that would allow all Michigan residents to obtain state identifications or driver’s licenses regardless of their immigration status.

The legislation, titled the Drive SAFE (Safety, Access, Freedom, and the Economy) was announced in a press conference Wednesday by House Majority Floor Leader Abraham Aiyash (D-Hamtramck). Aiyash said the legislation will allow Michigan’s communities to be safer and ensure that all Michigan residents are able to drive safely without fear of deportation.

“The state of Michigan is not responsible for punishing our residents simply because our immigration system federally is broken,” Aiyash said in an interview with The State News. 

Since 2008, undocumented immigrants have not been able to obtain driver's license or state identification, when then-Attorney General Mike Cox made a legally-binding ruling that only permanent residents could do so.

At the time, Cox's ruling left many MSU international students, a group that is documented but not permanent residents, without valid state-issued identification. MSU's then-director of the Office for International Students and Scholars called the decision a "blunder." Legislation was soon passed that allowed temporary residents, thus the international students to receive a license.

The decision by Cox, and the subsequent legislation, still left undocumented immigrants, including MSU students, without a way to obtain a license or state identification.

The legislation, according to press release from Aiyash, is being introduced to increase public safety while growing local economies and preserving human dignity. 

“The ability to provide identification and a valid driver’s license enables job seekers to find steady employment regardless of their access to public transit, thus making them more attractive and reliable employees,” Aiyash said in a press release. “Michigan’s immigrants play a large and necessary role in the agricultural, auto, and manufacturing industries.”

Nineteen other states and Washington D.C. have passed similar laws. Aiyash said record shows that policies similar to Drive SAFE have reduced auto-related fatalities, such as drunk driving. 

“When legislation like Drive SAFE is law, the roads that folks drive on are a lot safer,” Aiyash said. 

Ayaish said this bill has been worked on for almost 10 years, and with a Democratic majority in both chambers, he said he would like to “shepherd” this legislation through to the Gov. Gretchen Whitmer's desk. 

Sen. Erika Geiss, D-Taylor, introduced the Senate version of the bill. The House version now goes to the Regulatory Reform Committee, chaired by Tyrone Carter, D-Detroit.

Sens. Stephanie Chang and Geiss declined to comment for this story.

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