On the “Right to be in the United States Legally”

This commentary is based upon Federal and Utah State law; I can reasonably believe the respective laws do not differ substantially from state to state with in the United States.

Utah State Representative Carl Sandstrom, (R-Orem) is currently proposing legislation for the upcoming Utah legislative session in 2011 that would enable/require public safety officers to, upon reasonable suspicion, ask drivers and passengers in a vehicle during a traffic stop to verify they are in the country legally, and if no such proof can be provided, then to hold them for INS officers.

To me, this is very discomforting. Although I was born in the United States (Colorado, to be exact) I have not document that “proves” I am a citizen or am legally in the state of Utah. There is no federal document that “proves” U.S. citizenship.

A Utah driver’s license, the “usual” proof of identity, can be obtained with a variety of documents. The most common for the majority of us is a birth certificate, however, a driver’s license can be obtained using a wide variety of documents. These include:
A birth certificate from any state in the United States, or any country which the United States recognizes: an unexpired visa or non-immigrant visa, or a Mexican voter registration card; all accompanied by proof of residency in Utah. Proof of residency in Utah can be two of a wide variety of documents, including but not limited to: utility bills, mortgage or rent contract, court documents, or a bank statement or “major” credit card statement (both dated within 60 days of application), or other documents deemed valid by the Department of Public Safety.

A birth certificate issued in the United States is, in fact, not proof of citizenship. Any person can renounce their U.S. citizenship at any time, for any reason; and there is no public document that confirms or denies this event. In times of turmoil in our country, some citizens move abroad and renounce their U.S. citizenship, but as long as they still have a copy of their birth certificate, they can legally obtain a drivers license. The government can disenfranchise a citizen at any time for a variety of reasons, and again, there is no document issued, and a license can be obtained. Although these are not common occurrences, they are legal and valid, and given this information it is very possible that a person no longer a citizen of the United States can obtain a valid drivers license, while not legally entitled to be in this country.

Let’s look for a moment at the visa conditions. There are, currently, at least 79 different forms of visas, some considered permanent, others that are temporary in nature. For example, a foreign student with valid forms of proof of residency in Utah can obtain a Utah drivers license. While the student’s visa may expire, he or she can continue to renew the license in the standard manner without having to again prove the validity of the right to be in the United States. The same right to automatic renewal granted to citizens of Utah applies to most of the visa types currently accepted; the major exception being diplomatic visas. How, then, can we reasonably expect public safety officers to determine if the holder of a Utah drivers license is here legally? My conclusion, given my study of the facts, is that the officers will not be able make that determination.

A visa, issued by a country with which the United States has reciprocal agreements, is proof of the right to be in this country. But, and this is a very big “but”, there are 30 countries, part of United States treaty agreements, whose citizens can be in the United States indeterminately, without a visa. These countries include: Andorra, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, Monaco, Netherlands, Norway, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Is it probable that the attending officer will delay and embarrass visiting citizens from these countries, and ask for their proof of the right to be in the United States? I fear that this is not only a probability, but a possibility, particularly if the occupants of the vehicle are speaking Spanish or a derivative thereof. Is this the America, or the Utah, we want to present to visitors?

A passport, incidentally, is not proof of your right to be in this country. It is a form of identification and the right to travel from the country that issues it. It does NOT guarantee your right to be in this, or any, particular country.

It is my conclusion, given my research into the subject, that this piece of legislation is perhaps well intended, but the implications have not been completely considered. Therefore, I will be active in working to prevent it from being enacted into law.
Will you join me?