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SALT LAKE CITY — The Utah Legislature has taken steps to make driver's licenses more accessible for the state's increasing diverse population, but some undocumented Utahns say they're being left behind when it comes to state IDs.
Two recent bills allow Utahns to take the driver's license tests in languages other than English — but the changes don't apply to driving privilege cards, a separate license type geared toward undocumented immigrants. The language barrier, coupled with the fact that the cards aren't permitted to be used as a state ID, presents challenges for the undocumented community, immigrants and advocates say.
Utah became a forerunner in 2005 when it introduced the cards, which have since been replicated in other states. Utah renews or issues between 38,000 and 42,000 driving privilege cards each year, according to the Driver License Division. Christopher Caras, the division's director, said there are "significant benefits" to the card.
"You have individuals that are in the population and in society that are in need of being able to get around. The state needs to know that, before somebody is out on the road, we've done our best to vet them and make sure that they have the skills and knowledge to operate a motor vehicle." he said. "The driving privilege card allows us to do exactly that and then monitor their driving behavior to look for any problematic issues."
Those who have or had the cards say they're grateful for the opportunities they provide — such as being able to register a car and obtain car insurance — but wish the Utah Legislature would take steps to address issues relating to the cards.
'Not valid for identification'
A significant challenge for those with the card are the four words printed in red at the top: "Not valid for identification."
Caras said although the cards specifically state that they are not to be used as ID for government services, the state doesn't regulate whether private industries accept them.
In practice, however, individuals with the cards are turned away from opening a bank account, picking up a prescription at a pharmacy, attending a concert, or grabbing a drink at a bar.
Ciriac Alvarez Valle, a senior policy analyst with Voices for Utah Children, said the fact that the cards can't be used as IDs is a huge barrier, especially for individuals who don't have a passport and aren't from Mexico or El Salvador — the only two countries in Utah with consulates. She estimated that about 10% of the 89,000 undocumented individuals living in Utah don't have easy access to an ID form like a passport.
"If they were able to get like a document here, then it would be a lot more safer and a lot better for a family, right?" she said. "If a parent can't get an ID, it can be really difficult for their kids. ... Just being able to identify yourself is good for the family, but it's also good for everybody else to be able to get their documents and know that it's that person."
The lack of a state ID can still present issues even for undocumented immigrants who have a foreign passport. Carlos Flores, who became a U.S. citizen in 2020, was undocumented for 17 years after immigrating to Utah as a teenager. He still remembers being turned away from banks that would not accept his driving privilege card or Mexican passport for a car loan or bank account.
"At least for me, it was a feeling of embarrassment. It was a feeling of like you're not welcome and you don't belong here. It's not a pleasant feeling at all," he said, adding that driving with the card was a nightmare. "If you show one of those to the cops, it's really scary because you're telling them, 'Hey, I'm undocumented' because otherwise I wouldn't have this (card). I remember back in the day when I would drive, I was in constant fear. Anytime you saw a cop around you, it was terror."
Flores continued, "It has your picture and all the information that a regular ID has, so why do we still need to put that stamp on people that have driving privilege cars as some sort of second-class citizens?"
Langauge barriers
The Driver License Division does not track the language needs of individuals who want to take the test for driving privilege cards, but demand to take driver's license tests in other languages has been high since the state began offering the program in January.
Alvarez said expanding the language options to the driving privilege card would increase the number of people who can obtain it.
"Excluding the driving privilege cards from the changes that were made this session doesn't make sense because these are people who are less likely to have full English comprehension than someone who may be a U.S. citizen," she said. "There's a ton of people who I've known personally that can't get a driving privilege card because they can't pass a test because it's in English, and so they just drive without one.
"It's not stopping people. You can't stop people from going to work or from driving; they just end up doing it without the driving privilege card."
Weighing solutions
Any changes to the driving privilege card would need to come through legislative action. Those changes would also need to ensure that Utah still complies with the Real ID Act, which outlines requirements states must follow for their driver's licenses and identification cards to be accepted as federal IDs (think boarding an airplane). Real IDs issued from states have a star on them marking them as such. Undocumented residents are not eligible for Real IDs.
It has your picture and all the information that a regular ID has, so why do we still need to put that stamp on people that have driving privilege cars as some sort of second-class citizens?
–Carlos Flores, former undocumented immigrant
A number of other state legislatures have successfully addressed the concerns undocumented Utahns have about the privilege cards while still complying with the Real ID Act. Many have both a Real ID driver's license as well as a non-Real ID license for undocumented people and other state residents who choose not to obtain a Real ID license.
Sen. Luz Escamilla, D-Salt Lake City, has been engaged in the driving privilege card process since its inception. She said she hopes the Legislature expands the language options to the driving privilege card test.
"I'm always testing the waters, but I'm also very careful because the driving privilege card is a great tool and I don't want to jeopardize that tool," she said, adding that the yearly renewal for the card is also a burden. "When we have a chance, we will educate about that and how it just makes more sense. But you have to measure the temperature of the Legislature, where they are and if we have enough votes or not to push it through like we did last year with the languages on the driver's license tests."
Fany De Lucas, an undocumented immigrant who's worked to advance immigrant rights in Utah, said addressing the concerns with the card makes sense.
"There is that claim that undocumented people don't want to do things right — but the fact that they do want to do things right and just go get an identification card to be able to start doing things right in their lives — I think it's just easier to allow them to have an identification card without having to make it clear to the fact that it's not an ID," she said.
"I personally think like this is a very easy solve. I don't think that it's that hard to be able to allow the undocumented community to have an identification card."
