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DDS REAL ID Act – SAVE response

– —–Original Message—–
From: Josh McKoon [mailto:]
Sent: Tuesday, February 03, 2015 1:02 PM
To: Nealey, Donna
Subject: Document6.docx

This is what I want to know from DDS.

Questions for DDS

1) Is the response from DHS on a SAVE query involving an illegal alien with DACA deferred action status different than other applicants?

a) If the response is different from other applicants, please provide as clear a picture and explanation as possible of the results of SAVE queries to DHS when an illegal alien with deferred action on deportation documents applies for a drivers license or state ID card. What SAVE issued code exactly is returned and what is code noting/describing?

2) Speaking of illegal aliens, DDS has recently told at least one state Senator that: “undocumented and illegal immigrants are not entitled to a Georgia drivers license or ID card.”

The Obama administration has made it clear that “deferred action does not provide legal status” for the illegal aliens who benefit from his executive action. Illegal aliens under deferred action are still illegal aliens. Is DDS aware of that fact and do you have plans to correct and clarify information to the contrary being provided to state Senators regarding who can obtain a Ga. drivers license?

3) In its defense against the lawsuit filed by Texas and 25 other states, including Georgia, the Obama administration is making it clear that individual states are not required to issue drivers license to illegal aliens who benefit from deferred action. Is DDS aware of this fact?

4) According to the Obama DOJ and multiple legal scholars, the REAL ID Act of 2005 provides security guidelines for states on issuing drivers licenses. That law allows states to issue drivers licenses to deferred action illegals, it does not require states to issue drivers licenses to deferred action illegal aliens. Are you making that fact clear in responses to inquiries from elected officials?

5) How many drivers licenses have been issued to DACA recipients since that practice began in 2012? How many state ID cards? What is the estimated added cost, if any, of this process? Has DDS added any staff to accommodate this process?

6) Considering his November 2014 action, does DDS have an estimate or prediction on numbers of future deferred action applicants to guide preparation/plans to issue drivers licenses and state ID cards if the president’s executive actions are not defeated in congress or the courts?

7) What is SOP for DDS when an applicant’s documents prove to be false, unverifiable or do not reflect actual identity of applicant? Does DDS report use of fraudulent documents by applicants for drivers license or state ID cards to any law enforcement agency?

8) Does DDS keep a record of applicants who are declined for a DL or State ID? If so, what is the number of declines and reasons for declination?

9) The federal SAVE program provides verification of immigration status of applicants for public benefits, mostly for non-citizens. Positive responses to queries do not require states to issue a drivers license or any other public benefit. Is this fact being made clear in responses to questions from the public and elected officials?


REPLY does not answer REAL ID Act question. *But…

From: Mitchell, Michael [mailto:mbmitchell@dds.ga.gov] 
Sent: Monday, February 09, 2015 1:17 PM
To: Nealey, Donna
Subject: Re: DDS Questions – SB 6 – Senator Josh McKoon


In response to Senator McKoon’s questions, because both a Georgia driver’s license and an identification card are considered to be a public benefit, in accordance with O.C.G.A. § 50-36-1(a), in order to obtain a Georgia driver’s license or an identification card, a non-citizen applicant must provide documented proof of identity and lawful presence in the United States using at least one of the secure and verifiable documents specified in O.C.G.A. § 50-36-2(b)(3).

For non-citizen applicants, the eligibility to receive a driver’s license or identification card is made through the S.A.V.E. program, as required by 50-36-1(h). Any non-citizen whose eligibility cannot be verified through the S.A.V.E. program in accordance with O.C.G.A. § 40-5-21.2 will not receive a Georgia driver’s license or identification card.

Any case in which an applicant’s documents are proven to be false or fictitious is referred to local, state, and/or Federal law enforcement authorities, as well as the Investigative Services Division of the Department of Driver Services.

*The S.A.V.E. [1] response code for a non-citizen who has been granted deferred action status is 188 “INITL RESP. 188 DACA – EMLOY AUTH” (my emphasis – dak).

Since 2012, 13,027 non-citizens have received a Georgia driver’s license, 2,433 non-citizens have received a Georgia identification card, and 38 non-citizens have received both with the S.A.V.E. response code of 188.

Please let me know if I can offer any further assistance.



Mike Mitchell, Legislative Liaison
Commissioner’s Office

Department of Driver Services