Community members and advocates from across the state gathered on the Capitol steps on Dec. 3, 2024, calling on lawmakers to act and pass bills allowing Michigan residents to apply for an ID or driver’s license regardless of their immigration status. | Kyle Davidson.
While lawmakers push forward on their lame duck policy priorities, supporters of a slate of bills that would allow all Michiganders access to driver’s licenses regardless of their immigration status took to the Capitol Tuesday to continue pressuring lawmakers to act on the policies.
Prior to 2008, undocumented immigrants living in Michigan could apply for a drivers license, with Democratic Attorney General Frank Kelley issuing an opinion in 1995 that undocumented immigrants could not be denied a driver’s license. That decision was later reversed in 2007 by then-state Attorney General Michael Cox, a Republican.
Cox’s opinion stated that undocumented immigrants could not be considered Michigan residents and could not receive driver’s licenses or state identification. Cox’s decision was later brought into state law, with the Legislature passing bills barring undocumented immigrants from receiving identification.
In April 2023, Michigan House and Senate Democrats each introduced legislation to do away with the ban earlier this year known as the Drive Safety, Access, Freedom, and the Economy, or Drive SAFE package. All of the bills —House Bills 4410–4412 and Senate Bills 265–267 — have yet to receive a vote or hearing in their respective committees.
With less than a month left in session, supporters are demanding lawmakers get the legislation across the finish line.
“They’ve had nearly two years to take action to deliver for Michiganders and their time is running out. We are done waiting. Act now, pass and sign Drive SAFE into law,” community member Ana Isabel Rodriguez said in a statement.
Nineteen states and the District of Columbia allow undocumented immigrants to obtain a license if they can provide certain documentation, such as a foreign birth certificate, foreign passport, or consular card and evidence of current residency in the state.
Rep. Abraham Aiyash (D-Hamtramck), who introduced the lead bill in the House version of the Drive SAFE package joined advocates in calling for action on the bills and pushing back against anti-immigrant rhetoric raised during the 2024 presidential election.
“I don’t think we should allow ourselves to fall victim to a boogeyman conversation, when the reality is, if you care about safety, if you want to make sure that your communities are safe, the best way to do that is to make sure that those behind the wheel are individuals that have done the due diligence to actually responsibly drive and turn on the ignition and move that steering wheel and pump that gas,” Aiyash told reporters.
While the time remaining to pass the bills is slim, there is still time to hold hearings on the bills, call for a vote, bring them to the floor, send them to the Senate, abiding by requirements that each chamber must be in possession of a bill for five days before it can become a law, repeat the cycle and send the bills to the Governor’s desk, Aiyash said.
Though some Republicans have criticized the package, arguing it would encourage undocumented immigration, Michigan Democrats still hold a slim-majority in the House and Senate, before Republicans are set to take control of the House in 2025. Aiyash said he is working to address questions and concerns that fellow Democrats may have on the legislation and provide clarity on any areas of concern.
“One of the things that someone brought up as well, does getting an ID and a driver’s license allow [undocumented immigrants] to vote? Well, no. And the example that I would use is there are thousands of people with green cards, visa holders, permanent residents of the state who are not U.S. citizens, that have a driver’s license, that have an ID and are able to go around or go about their days in the state of Michigan, and guess what? They don’t vote. So this idea that if you have a driver’s license and you have an ID automatically qualifies you to vote is simply not true,” Aiyash said.
With Democrats’ holding a slim majority in the House, it’s important to provide members as much clarity as possible before putting the matter to a vote, Aiyash said.
“These people still have to get to work. These people still have to go pick your cherries. They still gotta go pick your corn. And if you want these individuals to be able to actually continue that work, allow them to do it responsibly,” Aiyash said.
“We’re not here to fix the immigration system. It is a broken system… That’s something that has to be addressed federally. What we have to do is make sure that, what are we doing to make sure folks are safe and that we are having a state that is leading responsibly,” Aiyash said. “What that means is you are making sure that those who are driving and getting behind the wheel are responsible drivers, they’re qualified drivers. They have obtained, they’ve done all the necessary work to get a driver’s license and take the exam and learn the rules and make sure that when they’re behind the wheel that they can actually responsibly drive.”