Applicants for new Maryland driver's licenses would have to prove they are in the U.S. legally under a pair of competing and contentious plans up for votes Monday in the General Assembly.
Both measures would take Maryland off a short list of states that allow illegal immigrants to become licensed drivers and would bring the state into at least partial compliance with "Real ID," a federal security act passed after the Sept. 11 terrorist attacks.
Lawmakers and other officials hope that revising the state's licensing policy would reduce the pervasive problem of fraud and end the state's status as a magnet for undocumented immigrants looking for government-validated credentials.
But they are divided on how best to approach the revision, and sorting out the differences is one of the trickiest issues facing lawmakers as they enter the final two weeks of the 90-day legislative session.
For years, Republicans have pushed for drivers to prove "lawful presence" in the U.S. before obtaining a Maryland license, but the issue gained momentum this year because of an October federal deadline. Gov. Martin O'Malley, a Democrat, asked lawmakers to pass a legal-status requirement for driver's licenses this year.
The House is considering a two-tiered system that would permit people already licensed to renew without documenting their legal status. Those licenses would be marked "not federally compliant," and wouldn't be accepted at airports or to enter federal buildings.
People with proof of U.S. residency - citizens and lawful temporary residents - would receive federally compliant drivers' licenses.
The House also is attempting to address other technical requirements of the Real ID Act, such as requiring the Motor Vehicle Administration to develop a security plan.
The Senate's plan makes no exception for undocumented immigrants who already have a Maryland license. Everyone renewing or applying for the first time would need to document lawful presence in the U.S.
Hawaii, New Mexico and Washington are the only other states that do not restrict driver's licenses to U.S. citizens. Maryland accepts out-of-country birth certificates, and a 2003 state attorney general's opinion said that unlawful presence was not, in itself, a reason to deny someone a driver's license.
The state's comparatively lax licensing standards have made it a draw for illegal immigrants from other states who falsely claim residency here. MVA officials say they have tightened their policy as much as possible without a change in state law.
