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By Jonathan DeBerry

The Tennessee Department of Safety has discontinued the issuance of its certificate for driving to immigrants in the state of Tennessee.

Since the driving certificates were only valid for one year without renewal, documented immigrants seeking to obtain permission to operate a motor vehicle must now obtain the state’s new temporary driver’s license. The certificate for driving was temporarily suspended in February of 2006 and then permanently discontinued in October of 2007 with the passage of new legislation.

The certificate for driving, introduced by Gov. Phil Bredesen in 2004, was not intended to provide driving certificates to undocumented immigrants but, in practice, did just that. All that was required to obtain a certificate was proof of residency, not a valid passport or visa.

The driving certificate effectively allowed documented and undocumented immigrants alike the ability to operate a motor vehicle, but they did not officially serve as a form of valid identification, meaning that certificate holders could potentially be arrested even for minor traffic violations for not having valid ID.

The certificate program was subject to abuse because out-of-state applicants could produce false residency documents in order to obtain a driving certificate.

According to Immigration Issues in Tennessee, a 2007 report from the state Comptroller’s Office, up to 77 percent of driving certificate applicants provided just proof of residency and identification.

The certificates were being used by illegal immigrants as identification to secure loans and open bank accounts, despite the fact that they were marked in bold red letters with the words: “FOR DRIVING PURPOSES ONLY. NOT VALID FOR IDENTIFICATION.”

Meanwhile, regular driver’s licenses issued to U.S. citizens served not only as legal proof of the ability to operate a motor vehicle but also as legal identification anywhere in the U.S and even in many foreign countries, including Mexico.

Such a distinction between immigrants and U.S. citizens led immigrant advocacy groups, including the Tennessee Immigrant and Refugee Rights Coalition, to resist the two-tiered system. The new temporary license, however, serves as a driver’s license and as a valid form of identification.

“I think there’s been more attention drawn to it because of politics,” said Sullivan County Sheriff’s Office Captain Keith Elton, referring to incidents involving illegal immigrants driving without a valid license or certificate.

“It’s not that common [in Sullivan County].”

The Tennessee Department of Health estimates the Hispanic population of Sullivan County to be approximately 1,500 and growing, a figure that includes migration trends forecast by the U.S. Census Bureau.

Between 2004 and 2006, over 51,000 driving certificates were issued in the state of Tennessee, according to a report from the Associated Press, which means that several thousand immigrants, and likely thousands of Hispanic immigrants, are now forced to adhere to the new temporary license policy.

“We have to contact the [Homeland Security] office in Knoxville when there is someone here illegally,” said Adam Moore, assistant district attorney for Sullivan County.

“I have seen an increase [in undocumented immigrants driving illegally] in the short time I’ve been here.”

In response to the abuse of the driving certificates, the Department of Safety has been training its employees to spot false documents and now requires domestic documentation, primary and secondary forms of ID and two proofs of state residency to obtain one of the new temporary driver’s licenses.

Many undocumented Sullivan County residents, however, are continuing to drive without a license.

“Before 2006 it was possible to receive a license with permission to drive for one year,” said Chopo, a Kingsport resident who commutes daily to work.

“I don’t have permission to be in the United States; I don’t have a passport. Now it’s a problem not to have a license. It’s a problem with [Homeland Security].”

Another Kingsport resident put it bluntly:

“I don’t have problems, but some people do. Most [Hispanic immigrants] don’t have [a license] because now they’re not giving out licenses like before.

“You have to respect the law within the limits, the stop lights, the green lights. You have to drive 30 miles per hour when it says 30 miles per hour….because most people don’t have licenses. And they know that if they don’t respect the law the police will arrive, and they will have problems.”

For more information regarding the temporary driver’s license, visit the Department of Safety Web site or call toll-free at 1-866-849-3548.