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Drivers' licenses w/out SS Card - Court finds in favor of immigrants

Drivers' licenses w/out SS Card - Court finds in favor of immigrants

Old Dec 14th 2002, 9:27 am
  #1  
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Default Drivers' lic. w/out SS # - Court finds in favor of immigrants due to a technicality

I won't reprint to avoid the annoying comments:


But anyone who is still following the situation encountered at the SSA and Drivers' License offices throughout the country may be interested in this article:


http://www.immigration.com/litigatio...rcomments.html

Last edited by angeles73; Dec 14th 2002 at 9:43 am.
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Old Dec 14th 2002, 1:46 pm
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Thanks Ange,
Just went to the site and forwarded onto Andy. I sincerely hope that this issue will quickly be resolved. And most importantly that the SS administration issues a directive to their employees as does each individual state DL facility.

Thanks again,
Julie
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Old Dec 14th 2002, 6:12 pm
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Default Re: Drivers' licenses w/out SS Card - Court finds in favor of immigrants

angeles73 wrote:

    > I won't reprint to avoid the annoying comments:
    > But anyone who is still following the situation encountered at the SSA
    > and Drivers' License offices throughout the country may be interested in
    > this article:
    > http://www.immigration.com/litigatio...rcomments.html

Hi All!

Well SSA issued an EM last week regarding this matter. They will issue a
SSN for the purpose of getting a drivers license, but only applies to
certain states.


EM-02129

Effective Date: 12/06/2002

THIS INSTRUCTION APPLIES ONLY IN THE FOLLOWING STATES: ALABAMA, HAWAII,
ILLINOIS, PENNSYLVANIA, AND UTAH

Background

This change results from a court decision following a lawsuit filed in
Washington, D.C. on behalf of nonimmigrants residing in Illinois and Alabama
who were denied SSNs for drivers' license purposes (Sonali Iyengar v. Jo
Anne B. Barnhart, Civil Action No. 02-0825 (ESH)). The U.S. District Judge
opinion renders the March 2002 version RM 00203.510 invalid, finding that
SSA should have used notice and comment procedures by publishing the change
in the Federal Register before effectuating the change.

Effective immediately, and until notified otherwise, consider a State
statute requiring a valid SSN as a prerequisite for issuing a driver's
license as a valid nonwork reason for assigning an SSN. Follow RM 00203.510
A.2. documentation requirements for SSN applicants alleging a need for an
SSN for a drivers license in States which retain the statutory requirements
for an SSN. Note, the court decision does not alter the need to provide
documentation that meets SSA's State agency referral requirements for
persons needing an SSN for a nonwork purpose.

Social Security offices for the affected states that may still have SSN
requirements for drivers licenses should resume the same process for
accepting state referrals for SSNs from state motor vehicle administrators
which were followed immediately prior to March 1, 2002.
 
Old Dec 15th 2002, 12:59 pm
  #4  
Bellsouth Customer
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Default Re: Drivers' licenses w/out SS Card - Court finds in favor of immigrants

Interesting. Louisiana DMVs already allow a person to get a license without
a SSN but the applicant does need a letter from the SSA stating why. Here is
the text:

"NOTE: If an applicant does not have an assigned Social Security Number, an
official letter from the Social Security Administration specifying that no
number has been assigned OR the applicant is not eligible for issuance of a
Social Security Number must be provided. The letter will not serve as a
primary or secondary form of identification, but will verify the individual
does not have an assigned Social Security Number. "

"angeles73" wrote in message
news:[email protected]...
    > I won't reprint to avoid the annoying comments:
    > But anyone who is still following the situation encountered at the SSA
    > and Drivers' License offices throughout the country may be interested in
    > this article:
    > http://www.immigration.com/litigatio...rcomments.html
    > --
    > ange
    > Posted via http://britishexpats.com
 
Old Dec 15th 2002, 2:40 pm
  #5  
Michael D. Young
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Default Re: Drivers' licenses w/out SS Card - Court finds in favor of immigrants

Bellsouth Customer wrote:

    > Interesting. Louisiana DMVs already allow a person to get a license without
    > a SSN but the applicant does need a letter from the SSA stating why. Here is
    > the text:
    > "NOTE: If an applicant does not have an assigned Social Security Number, an
    > official letter from the Social Security Administration specifying that no
    > number has been assigned OR the applicant is not eligible for issuance of a
    > Social Security Number must be provided. The letter will not serve as a
    > primary or secondary form of identification, but will verify the individual
    > does not have an assigned Social Security Number. "

RM 00203.510 Alien Without Work Authorization - Nonwork Need For An SSN

D. PROCEDURE - SSN CARD REQUEST BY ALIEN NOT AUTHORIZED TO WORK

1. Alien Wants SSN Card to Work

If an alien who is not authorized by INS to work wants an SSN card to work,
explain that without an
INS document authorizing employment, an SSN card cannot be issued for work
purposes (NOTE:
Work includes both employment and self-employment.)
Return the SS-5 and tell the alien to contact the nearest INS office to discuss
the possibility of
changing his/her alien status to one which allows him/her to work or obtain work
authorization.
Give the alien the appropriate notice (Form SSA-L670) indicating that he/she did
not provide evidence
of work authorization. If the applicant refuses to take back the application and
insists SSA process it,
explain that SSA will not assign an SSN or issue a card. Provide written notice
using Form SSA-L676
to explain that an SSN cannot be assigned or a card issued because he/she did
not present
appropriate authorization permitting him/her to work in the U.S. (See RM
00204.330.) Destroy the
SS-5 without processing.

2. Alien Alleges A Nonwork Need for Original SSN Card

If an alien who is not authorized by INS to work alleges a valid nonwork need
for an SSN, determine
if the alien has provided evidence of age, identity, lawful alien status, and a
current valid nonwork
reason for needing an original SSN card and documentation of eligibility from
the appropriate
government entity per RM 00203.510A.1 and RM00203.510A.2.

If the alien has provided the required information, briefly state the nonwork
reason in the "Evidence
Submitted" block of the SS-5 and also show the INS form number (i.e., I-94), the

admission/departure number, and the alien classification (e.g., H-4). Caution
the alien that the SSN
card will contain the legend "NOT VALID FOR EMPLOYMENT" and that if he/she uses
it to work
in the U.S., SSA will notify INS.

If the alien has not provided the required information, provide written notice
using Form SSA-L676 to
explain that an SSN cannot be assigned or a card issued because he/she did not
present appropriate
authorization permitting him/her to work in the U.S. and has not provided
evidence of a valid nonwork
reason for needing an SSN. (See RM 00204.330) Destroy the SS-5 without
processing.

IMPORTANT: Some State agencies, e.g., motor vehicle administrations, may require
that an alien
applying for a benefit or service and alleging not to have an SSN, obtain a
written notice (Form
SSA-L676) from SSA stating that SSA cannot assign the alien an SSN. (See
RM00204.330)

http://policy.ssa.gov/poms.nsf/lnx/0100203510
 
Old Dec 16th 2002, 3:44 pm
  #6  
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Posts: 276
Harry is a jewel in the roughHarry is a jewel in the roughHarry is a jewel in the roughHarry is a jewel in the rough
Default Re: Drivers' licenses w/out SS Card - Court finds in favor of immigrants

Bellsouth Customer,
The law is the same here in TX, or at least it was when I got my license (May 02).

-Harry
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