Letter | DC Organizations Call on Council to Reform Limited Purpose Credential Law
Pass Emergency Legislation to Reform Limited Purpose Credential Law and Make IDs Accessible to All
We, the undersigned organizations, are writing to advocate for changes to Limited Purpose Credential (LPC) Law in DC to make LPCs more accessible to the communities it was designed to serve and to other communities who will benefit from them. In 2013, the Driver Safety Amendment Act was passed to provide an avenue for residents who cannot establish legal presence in the country to obtain driver’s licenses, permits, and identification. With this legislation, DC joined the handful of states that had an identification option for undocumented residents. Ten years later, DC is one of 19 states that issue such IDs, with two more states that will begin to issue LPCs in late 2023. While DC was on the forefront of making LPCs available to their residents, we now lag behind other states because our legislation is a decade old with minimal changes. It is time for DC to update our laws so we can make these IDs available to the communities in the District that need them the most.
Currently, recently arrived asylum-seekers (recent migrants) are unable to obtain DC identification cards, as many have had their documents (i.e., passport, birth certificate) confiscated by Customs and Border Protection and/or Immigration and Customs Enforcement. So, even though DC has Limited Purpose Credentials (LPCs) available to residents who do not have social security numbers, recent migrants are essentially unable to obtain them. Without ID, recent migrants face many barriers to self-sufficiency, including the inability to:
Open bank accounts: Recent migrants cannot open bank accounts without an ID. This makes it harder for them to save money and therefore become self-sustainable.
Sign leases: Many landlords require an ID to rent an apartment and sign leases. Without IDs the pool of housing available to recent migrants becomes smaller than it already is, making it more difficult for families to transition out of the shelters.
Obtain marriage certificates: The DC Marriage Bureau requires a US ID or a passport to procure a marriage certificate. As a result, recent migrants cannot get married in DC. This is an issue in many asylum cases where it is essential to get legally married before submitting an application so a spouse can be added as a derivative applicant.
Obtain birth certificates: Mothers who don’t meet the identification requirements have not been able to get birth certificates for their newborns through Vital Records. Currently, there are 11 babies born to recent migrant parents in DC without birth certificates. In the case of couples who are not married, without identification fathers require a notary to be added to the birth certificate.
Access community resources: Certain community resources such as adult education programs, food, libraries, community centers, etc require identification and/or proof of residency to access their services which are particularly critical for recent migrants.
Complete applications for immigration relief: After applying for pathways to immigration status such as asylum, immigrants must attend an appointment to provide biometrics information to the Department of Homeland Security. However, USCIS requires that the applicant present a state-issued ID to complete the biometrics appointment. If biometrics are not completed, an application is forfeited. Without state-issued ID, immigrants are unable to move forward with their applications for immigration relief.
Additionally, District residents who have been issued SSNs, but are unable to provide the documents required to obtain REAL IDs, also cannot obtain LPCs. As a result, many DC residents are excluded from all avenues of obtaining any form of driver’s license or identification card. There is no legal reason to exclude District residents who are eligible for SSNs from obtaining limited purpose credentials.
LPCs exist to expand access to identification to all DC residents, however, current implementation means that recently arrived migrants and residents with social security numbers who can’t obtain REAL IDs do not have access to identification cards or driver’s license. We are asking the DC Council to make the changes outlined below, pertaining to the eligibility requirements and the list of documents that can be used to prove identity and residency to obtain LPCs.
Eligibility Requirements
Remove six-month residency requirement
LPCs have a six month residency requirement which is also inconsistent with DC law, like obtaining REAL IDs, accessing public benefits, and registering to vote.
Remove the social security number and inability to establish legal presence requirements
This excludes individuals who do have a valid social security number but cannot prove current legal immigration status (e.g., an individual with a damaged, lost, or expired green card or certificate of naturalization) and individuals that do have a valid social security number but are unable to provide the proof of identity documents required to obtain a REAL ID (e.g., an individual who is unhoused or housing insecure and is not currently in possession of their birth certificate).
Require only one document for proof of residency
Requiring two proof of residency documents is inconsistent with other parts of DC law, for example accessing homeless services under HSRA only requires one document to prove residency.
Accepted Documents
Proof of Identity
Most recent migrants who arrive in DC have had their documents (i.e., passport, birth certificate) confiscated by Customs and Border Protection (CBP) and/or Immigration and Customs Enforcement (ICE) and if their documents are returned it will only be after the culmination of their immigration case which may last years.
Expand the list of documents that can be used for proof of identity to include federally-issued immigration documents, more foreign documents, expired documents, and copies of documents obtained from a federal agency via FOIA request.
Proof of Residency
Currently, the list of proof of residency documents is very restrictive making it difficult for recent migrants, unhoused, and housing insecure people to prove residency.
Expand the list of documents that can be used for proof of residency.
Expand the list of documents that can be used as primary sources for the Proof of DC Residency Certification form.
We are asking the Council to move emergency and temporary legislation before recess to amend the eligibility requirements for obtaining limited purpose credentials and expand the list of documents that can be provided for proof of identification and residency. Out of the 1,000+ recent migrants who qualify for a limited purpose credential and have chosen to resettle in DC, only a handful have actually obtained one. Some of the migrants unable to obtain a limited purpose credential have already lived in DC for over a year. Recent migrants can’t wait in limbo without any identifying documents any longer—we need emergency legislation now.
Sincerely,
Migrant Solidarity Mutual Aid Network (Beloved Community Incubator, Peace House DC, Sanctuary DMV, East of the River Mutual Aid)
DC Volunteer Lawyers Project
Bread for the City
Legal Aid DC
Washington Legal Clinic for the Homeless
Ayuda
Foundry UMC
DC Fiscal Policy Institute
Kids in Need of Defense (KIND)
DC Chapter of the National Domestic Workers Alliance
DC IWOC
CARECEN
Sunrise DC
DC Bar Pro Bono Center
Noncitizen Voters DC
Dorothy Day Catholic Worker House, Washington DC
The Festival Center
Holy Trinity Catholic Church
First Congregational United Church of Christ
Ward 2 Mutual Aid
St. Thomas' Parish, Dupont Circle
Washington Lawyers Committee for Civil Rights
St. Mark's Episcopal Church Capitol Hill DC
La Clínica del Pueblo
Asian Pacific American Legal Resource Center
CAIR Coalition
Catholic Charities of the Archdiocese of Washington
Kamey Law PLLC
DC Affordable Law Firm
Ward 1 Mutual Aid
Nigerian Center
Network for Victim Recovery of DC (NVRDC)
Legal Counsel for the Elderly
Whitman-Walker Legal Services
The Safe Sisters Circle
Tzedek DC
The Festival Center
Individuals
Rev. Stephanie Vader, Capitol Hill UMC
Rev. Jennifer Hosler, PhD, Washington City Church of the Brethren
Rabbi Hannah Spiro, Hill Havurah
Jeffrey Gutman