Tighter MVA standards urged

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A spike in license fraud at Maryland Motor Vehicle Administration branch offices that serve immigrant and illegal alien license applicants has prompted state officials to seek emergency regulations to tighten licensing standards, an agency spokesman said yesterday.

MVA spokesman Buel Young said overall license fraud at the agency has increased 253 percent, from 146 cases in 2003 to more than 515 last year.

Mr. Young said the increases "are more significant" at the 10 MVA branches that serve foreign-born license applicants, who sometimes try to obtain licenses by presenting fake documents.

He did not have specific numbers of cases at those branches, and could not explain what other factors might be at work.

License fraud increases are "just one of the things that we track," Mr. Young said. "That was one of the areas where we thought we needed to take a closer look and address the situation to see what could be done to curtail it."

The Washington Times reported in May that applications for foreign-born people had doubled in Maryland. Several immigrants pointed to the number of people who apply for licenses in the state when their visas expire or use the addresses of relatives who live in Maryland.

License applicants in Maryland must prove age, identity and state residency. Maryland is one of eight states that do not require license applicants to prove they are living in the United States legally.

"Fraud attempts include someone attempting to obtain another identity -- in other words, identity theft. [Other cases include] individuals misrepresenting themselves in trying to get licenses when they're not a resident in the state of Maryland," Mr. Young said.

As a result, officials filed emergency regulations, which seek to eliminate documents "which are difficult or impossible to verify or authenticate," he said.

The new guidelines would exclude first-class mail and U.S. saving bonds from being used as proof of residency, and foreign school records and baptismal records from being used as proof of identity. It would add tax returns no more than 18 months old and government photo identification cards without signatures to the list of approved items.

The new regulations also would add staff to investigate fraud and allow applicants with a U.S. visa, employment authorization card or permanent resident card to visit any full-service branch office.

The General Assembly's Joint Committee on Administrative, Executive and Legislative Review must approve the changes. It could not be determined yesterday when the committee would address the issue.

Two immigrant-rights groups have filed suit against the MVA, claiming the agency makes it more difficult for immigrants and illegal aliens to acquire licenses by routinely rejecting proper documentation.

Eliza Leighton, an attorney for CASA of Maryland, one of the plaintiffs in the lawsuit, said the proposed licensing guidelines might add more hindrances.

She also said the proposed guidelines endanger public safety by barring immigrants and illegals from getting car insurance and proper driver testing.

Critics of the lawsuit fear that terrorists could obtain licenses in the state and that the litigation challenges impending changes outlined in the federal Real ID Act.

The act includes the requirement that all states by 2008 verify the legal status of license applicants, or the licenses may not be used for federal purposes such as boarding planes or entering federal buildings.

"The lawsuit is about the current situation," Miss Leighton said. "So while Real ID is something that will take effect in 2008 ... there's over a year, almost two years in which the current situation is the relevant situation. To look the other way while the MVA decides to act outside the legal confines of the state and disregard state law as they deny Maryland residents due process ... would be a gross injustice to thousands and thousands of people in Maryland."

Mr. Young would not comment on the ongoing litigation. The MVA said the proposed changes would bring the agency closer to compliance with the act.