H786-Section 9 Violates Federal Law

H786 – Reclaim NC Act – Re: Section 9

Issuing licenses/ID cards to illegal aliens in NC violates federal law. It violates the requirements of the REAL ID Act of 2005. It is important to note that NC IS in compliance with the REAL ID Act and MUST adhere to these requirements when issuing licenses (permits)/ID cards.
REAL ID Act of 2005
By December 31, 2009, states must check the lawful status of all applicants for licenses to ensure that unauthorized immigrants do not obtain REAL ID compliant licenses.
 
Section 202
Minimum Standards for Issuance
  1. In addition to imposing requirements related to the physical nature of the card, REAL ID mandates that states require presentation of documents that verify the following information about an applicant before issuing a driver’s license or an identification card to him or her:
    1. Identity
    2. Date of birth
    3. Social Security Number or verification of ineligibility for a Social Security Number
    4. Address of principal residence
    5. Lawful status in the United States (not “legal presence”) 
Evidence of Lawful Status
A state may issue a REAL ID driver’s license or identification card only to a person who presents satisfactory evidence of lawful status. A state must require, before issuing a driver’s license or an identification card to a person, valid documentary evidence that the person meets one of the following requirements:
      1. Is a citizen or a national of the United States
      2. Is an alien lawfully admitted for permanent or temporary residence in the United States
      3. Has conditional permanent resident status in the United States
      4. Has an approved application for asylum in the United States or has entered the United States with refugee status
      5. Has a valid, unexpired non-immigrant visa for entry into the United States
      6. Has a pending application for asylum in the United States
      7. Has a pending or approved application for temporary protected status in the United States
      8. Has approved deferred-action status (only DACA individuals are legally eligible for a license/ID card, not illegal aliens)
      9. Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent residence in the United States


James Johnson
President-NCFIRE
North Carolinians For Immigration Reform and Enforcement
www.NCFIRE.info
cell # 910-286-3022

    
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darfor
darfor
11 years ago

I don’t know what’s sadder — the fact that NC is going to issue state IDs to illegals (as will my home state of Liberal Colorado), or that you are in compliance with Real ID Act…papers please!

David
David
11 years ago

When the gov. chooses which laws it will obey and or enforce, it no longer has the consent of the governed. I am now free to choose which laws I will obey.

John
John
11 years ago
Reply to  David

amen David, Maybe start by shooting illegals, and I better not be charged with violating any law.

tmedlin
tmedlin
11 years ago

good article filled with facts. We need more of THIS, please! 🙂