The Honorable Andrew M. Cuomo

Governor of New York State

NYS State Capitol Building

Albany, NY 12224

May 6, 2019

35  Dubois Hall

1 Hawk Drive

New Paltz, NY 12561

Dear Governor Cuomo:

My name is Nicole Castillo, and I am studying International Relations and minoring in Law & Politics at the State University of New York at New Paltz. A resident of  Ossining, New York,  I am a proud daughter of undocumented immigrants who came to this country more than twenty years ago to seek better lives and more opportunities, similar to many other immigrants in New York State. As someone who represents thousands of New Yorkers, including those who are undocumented, and as a grandchild of Italian immigrants, you are likely aware of the  challenges faced by people such as my parents. These include but are not limited to extremely long working hours in the “jobs Americans don’t want,” responsibility for supporting loved ones who live in  back in their home countries, getting ill while having little to no healthcare coverage, and constantly living in the shadows in fear of deportation.

Bill A10273, The New York Drivers Access to Driving and Privacy Act, would help alleviate some of the challenges that undocumented immigrants face every day in New York State. While some critics of the bill argue that “they [immigrants] broke our nation’s laws by coming here illegally,” that does not mean we have the right to exclude them from the basic right to drive without fear. This letter is written to urge you to use your influence to help pass bill A10273 and then to sign it into law when it comes across your desk.

As with any controversial issue, there will always be opponents to certain positions. Before outlining my case in favor of Bill A10273, I would like to explore two arguments against giving undocumented people licenses. Some opponents argue that allowing undocumented immigrants to drive would incentivize illegal immigration, undermine our values, and risk national security (Casiano). However, studies show that states who have changed their license requirements have seen a positive change in road safety and many economical and societal benefits. In addition, before 9/11, undocumented immigrants were able to obtain licenses freely in New York State (Hing). Is prohibiting undocumented immigrants from licenses truly “an American value” or just modern anti-immigrant rhetoric?

Interestingly, some immigrant rights activists are also against legislation giving undocumented immigrants licenses because it may put them at risk for deportation. According to an investigation by the National Immigration Law Center found that ICE accessed a national database of licenses and obtained detailed information on undocumented immigrants like Enrique Balcazar (Zhao). Balcazar, a farm worker in Vermont, is the leader of a group called Migrant Justice. After a DMV worker noted that he was undocumented in his DMV information, ICE arrived; he now faces deportation. He has filed a lawsuit stating that ICE targeted leaders of the Migrant Justice group with the help of the Vermont DMV (Zhao). The lawsuit is still in the process, but the DMV has turned into a forbidden place for many undocumented immigrants who live in states that allow them to obtain licenses because they are scared that the information will end up going elsewhere.

However, it is helpful to note that section one, number nine of the A10273 The New York Drivers Access to Driving and Privacy Act, states that no detailed information will be released to any law enforcement agency without a signed warrant and the person’s name (New York State). Thus, undocumented immigrants will not have to fear that they will be targeted for deportation in New York State.

Governor Cuomo, I urge you to look at the numbers: in New York State alone, there are more than 750,000 undocumented immigrants over the age of sixteen who are currently unable to obtain driver’s licenses due to their immigration status (Munoz). Without access to licenses, immigrants are unable to register and ensure their vehicles, obtain and carry valid identification, or build trust with police. Many of these unlicensed immigrants often risk driving because they lack reasonable public transportation alternatives and must travel to work. Out of the 750,000 undocumented immigrants in New York State, 250,000 of them live in the suburbs where public transportation to drop off kids at school and go to work would take hours if they did not risk driving (Munoz). Considering this, it is logical for undocumented immigrants to obtain licenses.

I strongly urge you to look at the positive effects on police and community relations, and traffic safety from providing these licenses. A study performed in California (one of the twelve states that already provides licenses to undocumented immigrants) showed a 7%-10% decrease in hit and runs. In addition, New Mexico, another of the twelve states, saw a dramatic 33% decrease in the number of uninsured drivers (Lueders, et al). Immigrants without valid identification or permission to drive fear that simple interactions with police, such as traffic violations, will put them at risk of arrest and deportation (Lueders, et al). This leads to avoiding police at all costs, even those who are a victim or witness of a crime. A study by the Department of Urban Planning and Policy in the University of Chicago found that 70% of undocumented immigrants are less likely to report crimes to law enforcement because they fear questions about their immigration status (Theodore et al.). If undocumented people have licenses, they will be less scared to speak with law enforcement. Therefore, providing undocumented people with licenses may make a community safer not just for them but also for US citizens, as well.

Another benefit to issuing undocumented immigrants licenses is improvement to the local economy and jobs. Undocumented immigrants make 5% of the adult population in New York State. While this is a small percentage; nevertheless, issuing licenses would have a positive impact on the community (Munoz). Having the ability to drive gives people the ease to move to better jobs, evade employment abuses, and would result in higher earnings, thus increasing the taxes paid to New York State.

Issuing licenses to undocumented immigrants would also bring the state more revenue. The Fiscal Policy Institute estimates New York could see about $26 million in fees for license applications and car registration, and the gasoline tax (Cui). Contrary to claims that this would be a higher cost to the state, the Fiscal Policy Institute asserts that New York would earn $21 million in annual revenue from car registration and related fees; $21 million in annual to county governments from the county sales tax and gas tax; 8.6 million in annual revenues; and $22 million in one-time revenue to the Metropolitan transportation authority (Cui).

Furthermore, with higher demand for services, the Department of Motor Vehicles would have to employ more people: a benefit that opponents still consider an expense. However, data from Illinois and California illustrates that fees from licenses covered the costs to hire and train staff before the demand increased (Cui). To conclude, Governor Cuomo, Bill A10273 benefits outweigh the costs. As a result, the state would have more money to invest in important issues like education or infrastructure.

I am aware the strides New York State has been making changes to protect all its residents, documented or not. Recently, the New York State office of court administration (OCA) established a new rule that “any law official like ICE, needs to show a federal judicial warrant or order to a New York judge or court attorney before an arrest in court” (Siegelbaum). ICE agents usually have administrative warrants, not a federal judicial warrant so this change will increase safety and protection for all fearing encountering ICE while in court. This was prompted by data from the Immigrant Defense Project, which revealed that in 2016, only eleven people were arrested but in 2017, 159 people were arrested by ICE during court hearings (Siegelbaum). As a result, the courts believe more people will come to their court date and there will be less fear to report crimes like domestic violence, human trafficking, and civil cases.

Unfortunately, this new change applies to courts in the Unified Court system, not to town or village courts like the ones that are often in upper New York State; approximately 1,300 town and village courts are not subject to this new rule. Because of this, Carlos Duque was arrested in Pelham Manor, (Westchester County) NY for driving with a false license and then during his court hearing, three ICE agents came in and detained him. This occurred after the OCA revision; yet, because he was in a Pelham town courthouse, there was nothing that could be done (Siegelbaum). Governor Cuomo, I applaud New York State for making strives to protect everyone, but we are not all living in New York City. Every courthouse needs to uniformly follow orders. Ultimately, Carlos Duque was stopped because of faulty brake lights, but because he did not have a license, today he sits in a detention center fighting his case so he can stay with his family in the U.S. (Siegelbaum). He is one of many people who has faced injustice for not having a license.

Governor Cuomo, I urge you to look at this matter not as a political one, but as a human one.

One of my family members is undocumented and she has to drive to work in fear daily. All she wishes to do is to have valid license to continue working as a housecleaner, (she loves cleaning) and to find a job as a school bus driver—this is her “American Dream” (Guiracocha). She is a very safe driver and actually taught me to drive. I passed my first road test—no driving class needed! I know there are many upstanding people like her who are burdened this fear. I have personally encountered undocumented people having car issues who called the police for help but instead were given six tickets, and their cars were towed all because they were unlicensed. I know of people who were stopped for speeding and as a result, were imprisoned and are in the process of being deported because they did not have a New York State license (though a Connecticut one). These instances strain police and community relations. I assure you those people will never ask the police for help. As someone who has the privilege to be a citizen, I recognize my many advantages; but to drive a car without fear is not a privilege: it is a basic human right.

Thank you, Governor Cuomo, for taking your time to read this letter. I really hope you continue advocating for immigrant rights. I encourage your colleagues and supporters to do so, as well, to improve the lives and communities of all New Yorkers.

Best regards,

Nicole Castillo