From Deseret News archives:

It's D-day for driving cards

Immigrants have many questions about new law

Published: Thursday, June 30, 2005 11:00 p.m. MDT
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Another group that becomes eligible for the driving privilege card today are those who can prove a legal presence, but who don't have a work purpose, such as those with student visas or some foreign workers at Hill Air Force Base.

McCleve said that expiration notices will be sent to 61,000 undocumented driver's license holders as their birthdays near. DPS is also hand-checking nearly 30,000 undeliverable state ID expiration notices to find out why they were returned unopened, he said.

McCleve said Thursday that those who don't have a Social Security number should turn in their expired ID or driver's license for a current driving privilege card.

"If you have any contact with law enforcement and they happen to check that ID and it's expired, as law enforcement officers, they're going to dig a little deeper," McCleve said. "People are much better off to turn in their information . . . and get their new cards."

Yapias, who had also answered radio calls for three hours Wednesday, said most of the callers are not complaining about the new law; they just want to know the facts so they can obey it.

"They're not questioning that this is bad or saying they're upset. More than anything they're asking, 'What is it that I need to do to be compliant?' " he said.

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One of the major concerns for many immigrants is that the new driving privilege card will lead to racial profiling by police and possible deportation after routine traffic stops.

Silvia Pena, an attorney with Utah Legal Services, suggested to worried callers that the best thing to do is make sure they are driving safely and never get pulled over.

From functioning headlights to current registration, Pena said, immigrants should not be worried about being deported if they are following traffic laws.

"The uncertainty of living like that is hard on them. Most of them are scared they're going to get picked up right away," Pena said. "I don't think that's going to happen, but they're worried about it."

Pena also told radio callers that they should stay calm if they are pulled over by the police, and that they should not answer questions about their immigration status without an attorney. Many undocumented immigrants get nervous and then hostile, she said, and that often leads to more serious charges, ending in arrest and even deportation.

McCleve said that racial profiling is "not tolerated" by his or any law enforcement agency. Both McCleve and Yapias urged anyone who believes he or she has been profiled to contact the administration of the Utah Highway Patrol or the agency of the officer who was involved.

"If they mistreat you or you feel like they were profiling, then you always have the opportunity to file a report," he said. "But rather than get nasty with a police officer, be patient, be calm."


E-mail: estewart@desnews.com, dbulkeley@desnews.com

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