k94
12-15 09:43 AM
Denied licenses, legal immigrants sue state Registry
Say status wrongly contested
By Yvonne Abraham, Globe Staff | December 15, 2006
Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.
According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.
In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.
"They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."
Wunsch said hundreds of other immigrants have similarly been denied licenses.
A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.
Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.
In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.
All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.
In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.
Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.
But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."
She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.
In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.
Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.
"The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.
The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.
Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.
"This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."
One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.
One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.
When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.
The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.
"Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.
The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.
The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.
Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.
Say status wrongly contested
By Yvonne Abraham, Globe Staff | December 15, 2006
Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.
According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.
In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.
"They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."
Wunsch said hundreds of other immigrants have similarly been denied licenses.
A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.
Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.
In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.
All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.
In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.
Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.
But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."
She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.
In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.
Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.
"The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.
The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.
Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.
"This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."
One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.
One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.
When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.
The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.
"Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.
The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.
The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.
Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.
wallpaper tattoo on face. tattooed face.
gsc999
04-26 10:24 PM
I was debating the fact that we need to ask India government to device some sort of parity between Capital acceptance from U.S. firms. It takes us, who respresent Intellectual capital, 5 to 6 years to get some kind of permanent residency in U.S. and that too in a grudging manner. Why do U.S. MNCs demand immediate clearence of their projects and complain about delay etc. If you look at comparative delays, Indian system is still light years ahead of so called efficient American system. Its just that we need to look at things from a correct perspective. Monetary capital needs to be treated at par with Intellectual capital. Just a thought.
GCisLottery
12-15 10:28 AM
Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake.
Are you serious? did he/she really tell you blatantly it's fake?
If so, I would have asked to speak to the supervisor immediately. Ignorance can not be a reason to make a very wrong conclusion.
Are you serious? did he/she really tell you blatantly it's fake?
If so, I would have asked to speak to the supervisor immediately. Ignorance can not be a reason to make a very wrong conclusion.
2011 on with tattooed face in
a2006
06-12 09:17 PM
IV core,
Keep up the good work. We have seen a lot of people asking for "action","results" and "transparency" in the past without doing really anything for it .:-)
Keep up the good work. We have seen a lot of people asking for "action","results" and "transparency" in the past without doing really anything for it .:-)
more...
franklin
09-20 03:34 PM
Agreed - everyone, lets put this to rest.
I did not mean any offense to people who couldn't attend attend for valid reasons, more those that didn't care at all to help.
I did not mean any offense to people who couldn't attend attend for valid reasons, more those that didn't care at all to help.
m306m
08-02 12:48 PM
gc101, if you are not able to get married before you you file your I485 (by Aug 17th). I would recommend that you file alone. these are my reasons for this recommendation:
1) You have more options open to you for your wife after you file I485 (ie. throught family based categories, even though the wait time is 7 years).
2) If you don't file now and have to wait for you PD to get current, with the current laws that might be close to 6-7 years. In this time you might get your GC and your citizenship too. After citizenship your wife can get her GC very quickly.
1) You have more options open to you for your wife after you file I485 (ie. throught family based categories, even though the wait time is 7 years).
2) If you don't file now and have to wait for you PD to get current, with the current laws that might be close to 6-7 years. In this time you might get your GC and your citizenship too. After citizenship your wife can get her GC very quickly.
more...
rockstart
03-18 10:15 AM
I think what ever step we take has to be organized and inclusive of all groups. It is not like last year EB2 pulled out a smart trick to receive the spill over. I mean they were all suprised & shocked to see dates go forward as were other folks on this forum. So trying to unite Eb3 by kind of blaming Eb2 or Chinese or ROW or for that matter anybody will not be very productive. Remember we are facing immigration opponents who are well organized, united and well funded. They have years of experience in lobbying and using media to their advantage. We are a tiny minority and if we further fracture it besed on nationality or category of filing all we will do is weaken our case further. We should focus our efforts for EB reforms across all categories and I think the best way is to follow the direction of the IV leadership on this isssue.
2010 who has a tattoo or five,
Waitingnvain
02-19 08:50 AM
I tried without success to get a life insurance here in the US, the reason: no GC. You can get life insurance but the premiums are outrageous.
more...
BharatPremi
10-05 10:31 AM
Those are lolipop to kids. Do not keep much hopes. It seems to be the strategy to cover more election fund from corporate America.. I see this as political game for funding. On first link only honest statement I could locate was from Ms Lofgren "Some names on there have never been allies on immigration reform," Lofgren said. "I'm glad to be surprised."
hair tattoo-covered face.
chanduv23
10-10 03:09 PM
My folks are here visiting... so it will be difficult for me to attend... but i will try
Bring them along :D:D:D:D
Bring them along :D:D:D:D
more...
getgreensoon1
04-21 08:21 AM
Say in clear and simple words -- are online degrees from University of North Dakota, University of Massachusetts, North Eastern University etc. legit ? Yes or No
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
May your online MBA make you so powerful that you can compete with all the top of the line MBAs.
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
May your online MBA make you so powerful that you can compete with all the top of the line MBAs.
hot tattoo face. skull face
anai
04-03 10:53 AM
Mr Anai.
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
Since I am a member of this fine volunteer organization that is IV, I shall do my best to answer any questions you have for IV. I look forward to answering many more of your questions.
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
Since I am a member of this fine volunteer organization that is IV, I shall do my best to answer any questions you have for IV. I look forward to answering many more of your questions.
more...
house were tattooed on her face
starscream
08-20 09:06 AM
bump
tattoo LADY WITH A TATTOOED FACE !
crazydesi
01-13 01:10 PM
EB2 -- Dont run fast, you will fall down again ...
I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...
I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...
more...
pictures with a very large tattoo,
dilipb
06-23 02:30 PM
This thread can be closed, since I have found a resolution related to my concerns.
Thanks
Thanks
dresses Your face, hands, and feet are
roseball
02-10 12:01 PM
Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I-290B is pretty straightforward and I helped my friend with his filing and we were successful in getting his I-140 approval. Having said that, whether to self file or hire a lawyer will depend on the complexity of the case and the reason for denial. If its a straightforward case/denial (wrongful) and you have all the documents to prove it otherwise, you can go ahead and file I-290B yourself. Otherwise, hire a lawyer. Did you get the I-485 denial notice yet and whats the reason for denial?
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I-290B is pretty straightforward and I helped my friend with his filing and we were successful in getting his I-140 approval. Having said that, whether to self file or hire a lawyer will depend on the complexity of the case and the reason for denial. If its a straightforward case/denial (wrongful) and you have all the documents to prove it otherwise, you can go ahead and file I-290B yourself. Otherwise, hire a lawyer. Did you get the I-485 denial notice yet and whats the reason for denial?
more...
makeup tattooed face. tattooed on
mrane1
10-27 09:32 PM
I also think TSC online update is out of sync, I received my AP without any update
Happens all the time! Its not just limited to TSC... online update works 70% of the times at best!
Happens all the time! Its not just limited to TSC... online update works 70% of the times at best!
girlfriend to be tattooed on face,
H1B-GC
02-07 10:41 AM
Even EB2 NIW is also in the same situation so how is your lawyer saying it is current. I guess you are lawyer is a barber.
Might be he/she is from the EB- ROW.. Ah!!
Might be he/she is from the EB- ROW.. Ah!!
hairstyles full tribal face tattoo.
sunnyg
07-16 10:47 AM
I hope that this is not an automated one.. :)
Thank you for expressing your concerns regarding the Department of State�s visa policies.
You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.
Thank you again for contacting me.
Sincerely,
Sherrod Brown
Thank you for expressing your concerns regarding the Department of State�s visa policies.
You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.
Thank you again for contacting me.
Sincerely,
Sherrod Brown
21stIcon
02-19 03:22 PM
Are you sure that you would get back what ever you paid for the policy?. LIC in India is different story than western insurance companies.No Ins. company gives back what you paid on whole life, Please make sure how much you get back when policy matures.
Give me your insurance company/policy name ,I will tell you how much you are loosing on whole....?
thx
21STIcon
Give me your insurance company/policy name ,I will tell you how much you are loosing on whole....?
thx
21STIcon
amitjoey
05-25 02:10 PM
Thanks for spreading the word. Appreciate your efforts. Please mention that it is important to arrive on the 6th for training. It is important to fill out the form to let IV Core and admins know you are arriving.
This event is not just "Show up and support" . Because it is not a rally, It is an advocacy event. - IV has been working on who gets assigned what offices to go do presentations.
This event is not just "Show up and support" . Because it is not a rally, It is an advocacy event. - IV has been working on who gets assigned what offices to go do presentations.