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Abstract

For most people, possessing and maintaining a valid driver’s license is essential in order to live a normal life.  Without a license, common activities that most take for granted, namely lawful driving, become unmanageable.  The importance of procuring a driver’s license raises an important question:  to which people should this right extend?

In early January 2013, Illinois governor Pat Quinn signed into law Senate Bill 957 (SB 957), making Illinois only the fourth state to grant driving privileges to undocumented immigrants.  One of the primary reasons for the law’s passage was to combat the risk presented by the more than 250,000 undocumented immigrants residing in Illinois who drive uneducated, uninsured, and unlawful.  A survey of states that passed laws similar to SB 957 reveals that laws or programs granting driver’s licenses to undocumented immigrants are susceptible to abuse, particularly fraud.  To prevent the problems faced by other states, Illinois officials must critically examine the requirements of SB 957 and ensure sufficient safeguards are in place.  Specifically, Illinois should: (1) require fingerprints for all undocumented immigrant applicants in order to reduce the risk of fraud; (2) require proof of insurance prior to issuing an undocumented immigrant a driver’s license; (3) match the life of the undocumented immigrant’s insurance policy with the validity of his temporary driver’s license; (4) prepare responses to allegations  that SB 957 violates equal protection rights and promotes racial profiling; and (5) build incentives into SB 957 that encourage compliance with the program.  This Comment takes the position that adding restrictions and considering alternative approaches to SB 957 will help prevent fraud and benefit the undocumented immigrant population the bill truly intends to support:  the hard-working, law-abiding, productive contributors to society.

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