Foreign Nationals & Driving in Texas

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Gertrude Elliott
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6/19/2017 Foreign Nationals & Driving in Texas Texas Municipal Courts Education Center Court Administrators Addison, Texas June 27, 2017 Jan Blacklock Matthews Municipal

Current Issues in Texas Right v Privilege? State v Villarreal, PD-0306-14 (Tex.Crim.App., Dec.

1 6/19/2017 Foreign Nationals & Driving in Texas Texas Municipal Courts Education Center Court Administrators Addison, Texas June 27, 2017 Jan Blacklock Matthews Municipal Judge City of Wilson A Look Ahead 1. Right or Privilege? 2. Foreign Nationals & Reciprocity 3. Illegal Status (Entry v. Presence) 4. DL Overview 5. International DP 6. Current Issues in Texas Right v Privilege? State v Villarreal, PD (Tex.Crim.App., Dec. 2015) Because we all must share the public roadways, driving is a highly regulated activity a privilege, not a right. See also, Tharp v State, 935 S.W.2d 157, 159 (Tex. Crim. App. 1996) Driving is not a constitutionally protected right, but a privilege. 1

2 6/19/2017 Foreign Nationals Driving in U.S. People who drive in the U.S. must have a valid driver's license. Some states require an International Driving Permit (IDP) from foreign nationals, in addition to a valid license from your own country. Who are Foreign Nationals? A person: a. Born outside U.S. jurisdiction b. Not a U.S. Naturalized Citizen Form N-400 c. Not a Permanent Resident Alien of U.S. Green Card holder [cannot vote in U.S. Elections] Definitions INA Act 101 Alien: The term "alien" means any person not a citizen or national of the United States. --not a citizen or national of the United States. --per Foreign national is a synonym and used outside of statutes when referring to noncitizens of the U.S. 2

3 6/19/2017 Definitions INA Act 101 Immigrant: The term "immigrant" means every alien except an alien who is within one of the numerous classes of nonimmigrant aliens: Diplomats and attendants Visitors Alien crewman Specialty workers from certain countries Definitions INA Act 101 National: The term "national" means a person owing permanent allegiance to a state. Naturalized: The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever. And Permanent Resident Alien An alien admitted to the U. S. as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants. However. See broad definition of nonimmigrant categories in Act

4 6/19/2017 Illegal Status What s illegal about being illegal? Improper Entry: Time or Place Eludes Examination or Inspection False or Misleading Representation Concealment of Material Fact 8 USC Sect Civil Matter leading to Deportation Turns on Eye Witness Testimony Who may drive in Texas? Residents w/ valid license Nonresidents: (1) At least 16 YOA and have valid driver license issued in home state or Canadian Province (vehicle permitted in Class C or M) (2) At least 18 and legally licensed to drive any vehicle if they are legally licensed in home state or country, and that state or country grants reciprocity Military Official U.S. or state military service MV, without valid TX license, unless commercial Nonresident on active duty in U.S. armed forces, spouse, or dependant child who has valid DL issued by home state Active military holding valid DL issued by the U.S. armed forces in a foreign country; 90 days upon return to U.S. Unless Texas DL suspended, cancelled, revoked or denied, will remain valid as long as service continues, and remains absent from Texas and absence does not exceed 90 days from honorable separation or returns to Texas 4

5 6/19/2017 Driving Privilege Reciprocity Allows a person to: 1. Use a valid, unexpired foreign license 2. For up to one (1) year or until a person becomes a Texas resident 3. As new resident, must apply w/n 90 days **Applies only to Noncommercial Licenses Moving to Texas International Agreements Texas Law for Privilege Recognizes: 1943 Inter-American Convention on the Regulation of Inter-American Automotive Traffic (Art. VI) North Atlantic Treaty Organization (NATO) Agreement Several other countries under consideration by U.S. State Department 5

6 6/19/2017 Other International Agreements 1949 International Convention on Road Traffic Multilateral Treaties in Force as of January 1, 2013 Magistrate Duties under Vienna Obligation to provide Vienna Convention notifications to foreign nationals. Should determine if detainee is foreign national. Document findings for the record. Overview of Drivers License Classifications Class A weight over 26,001 Class B Weight over 26,001 Class C Regular Passenger Vehicle Class M Motorcycle and Moped **Issued to those exempt from CDL or not required to obtain CDL 6

6/19/2017 Care to Guess? Not more than three wheels Steering Wheel Seating Complies with Fed Motorcycle Safety requirements Autocycle -- SB 449, eff. May 22, amend g TRC Ch.

7 6/19/2017 Care to Guess? Not more than three wheels Steering Wheel Seating Complies with Fed Motorcycle Safety requirements Autocycle -- SB 449, eff. May 22, amend g TRC Ch. 521 CDL Classifications Class A CDL Class B CDL Class C CDL Exempt from CDL --Recreational vehicle operators, for own use --Some farmers who meet certain criteria --Operators of cotton-seed modules or cotton burrs --Fire-fighting or emergency vehicle operator --Military vehicle operators --Vehicles owned, leased or controlled by an air carrier 7

8 6/19/2017 Commercial DL Holders **Only Commercial Drivers Licenses from Canada and Mexico are recognized by the U.S. Secretary of Transportation as having full reciprocity for driving privileges in the state of Texas [do not qualify for nonresident CDL] OTHERS IF, licensing standards meet the U.S. testing and licensing standards. Nonresident Commercial DL DPS may issue: 1. No Social Security Number Temporary, 60-day nonrenewable, nonresident CDL 2. SSN Not Temp --Meet all CDL requirements --Present add l documentation --Pay fee International Driving Permits Not a license but a translation of valid license A companion document Must be obtained in country where licensed, but not used in that country Required for foreign nationals in some U.S. states Valid in 150 countries Issued within 6 months of desired effective date; valid for 1 year 8

State Department authorizes only two providers: American Automobile Association AAA National Automobile Club NAG

9 6/19/2017 International Driving Permits Many U.S. Citizens get an IDP to allow driving and renting cars in foreign countries U.S. State Department authorizes only two providers: American Automobile Association AAA National Automobile Club NAG Current Issues in Texas Real ID Act (2005) [org. compliance 2008] Stricter ID documents Tamper-proof license Machine-readable technology that stores personal information Texas granted an extension for compliance to October 17,

6/19/2017 January 22, 2018, must be REAL ID compliant or

and some federal buildings. SB 4 Eff. Sept.

10 6/19/2017 January 22, 2018, must be REAL ID compliant or alternative acceptable ID (Passport) required for domestic air travel. May also be denied as identification for entry into military bases and some federal buildings. SB 4 Eff. Sept. 1, 2017 Enforcement of State and Federal Immigration Laws by Local Entities and Campus Police Departments [Amends Ch. 752 of Government Code, by adding Subchapter C] 10

11 6/19/2017 SB 4 Eff. Sept. 1, 2017 Prohibits sanctuary city policies Which prohibit local law enforcement from inquiring about immigration status/complying with detainer request Which prohibit sharing immigration status with federal gov t Provides civil penalty SB 4 Eff. Sept. 1, 2017 Excludes: Peace officers employed/contracted by hospital or hospital district while performing duties Peace officers employed/contracted by religious organization while performing duties School districts or open-enrollment charter schools, including peace officers employed/contracted Local public health department Community center [HSC (4)] or local mental health authority [HSC ] SB 4 Eff. Sept. 1, 2017 Authorizes any citizen, including institution of higher education enrollees or employees, to file AG complaint Intentional violations result in civil penalties daily Removal from office 11

12 6/19/2017 SB 4 Eff. Sept. 1, 2017 Law enforcement agencies adopt written policy requiring community outreach to educate the public Prohibited from inquiring into immigration status of a victim or witness to criminal offense, unless officer determines inquiry is necessary to investigate or provide information about federal visas designed to protect individuals providing assistance to law enforcement. SB 4 Eff. Sept. 1, 2017 Criminal penalties for law enforcement who fail to comply with immigration detainer request Class A misdemeanor Sanctuary Cities?? Self-Declaration that illegal immigrants will be safe from local harassment: Austin, Baytown, Brownsville, Channelview, Denton, Dallas, El Cenzo, Ft. Worth Houston, Katy, Laredo, League City, McAllen, Port Arthur, San Antonio 12

6/19/2017 ICE Immigration & Customs Enforcement Part of Homeland Security Includes former Immigration & Naturalization Services (INS) & Customs departments Office of Detention & Removal Operations

13 6/19/2017 ICE Immigration & Customs Enforcement Part of Homeland Security Includes former Immigration & Naturalization Services (INS) & Customs departments Office of Detention & Removal Operations (DRO) ICE Hold Request from ICE to local jurisdictions to detain a foreign national ICE detainer alerts Request notice, and changes in status ICE hold requests the court notify ICE: (1) when prisoner released & (2) disposition Good Resources Travel.state.gov > Consular Notification and Access oag.state.tx.us/criminal/consular.shtml 13

6/13/2017 Foreign Nationals & Driving in Texas Texas Municipal Courts Education Center Court Administrators Addison, Texas June 27, 2017 Jan Blacklock Matthews Municipal Judge City of Wilson A Look

14 6/13/2017 Foreign Nationals & Driving in Texas Texas Municipal Courts Education Center Court Administrators Addison, Texas June 27, 2017 Jan Blacklock Matthews Municipal Judge City of Wilson A Look Ahead 1. Right or Privilege? 2. Foreign Nationals & Reciprocity 3. Illegal Status (Entry v. Presence) 4. DL Overview 5. International DP 6. Current Issues in Texas Right v Privilege? State v Villarreal, PD (Tex.Crim.App., Dec. 2015) Because we all must share the public roadways, driving is a highly regulated activity a privilege, not a right. See also, Tharp v State, 935 S.W.2d 157, 159 (Tex. Crim. App. 1996) Driving is not a constitutionally protected right, but a privilege. 1

15 6/13/2017 Foreign Nationals Driving in U.S. People who drive in the U.S. must have a valid driver's license. Some states require an International Driving Permit (IDP) from foreign nationals, in addition to a valid license from your own country. Who are Foreign Nationals? A person: a. Born outside U.S. jurisdiction b. Not a U.S. Naturalized Citizen Form N-400 c. Not a Permanent Resident Alien of U.S. Green Card holder [cannot vote in U.S. Elections] Definitions INA Act 101 Alien: The term "alien" means any person not a citizen or national of the United States. --not a citizen or national of the United States. --per Foreign national is a synonym and used outside of statutes when referring to noncitizens of the U.S. 2

16 6/13/2017 Definitions INA Act 101 Immigrant: The term "immigrant" means every alien except an alien who is within one of the numerous classes of nonimmigrant aliens: Diplomats and attendants Visitors Alien crewman Specialty workers from certain countries Definitions INA Act 101 National: The term "national" means a person owing permanent allegiance to a state. Naturalized: The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever. And Permanent Resident Alien An alien admitted to the U. S. as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants. However. See broad definition of nonimmigrant categories in Act

17 6/13/2017 Illegal Status What s illegal about being illegal? Improper Entry: Time or Place Eludes Examination or Inspection False or Misleading Representation Concealment of Material Fact 8 USC Sect Civil Matter leading to Deportation Turns on Eye Witness Testimony Who may drive in Texas? Residents w/ valid license Nonresidents: (1) At least 16 YOA and have valid driver license issued in home state or Canadian Province (vehicle permitted in Class C or M) (2) At least 18 and legally licensed to drive any vehicle if they are legally licensed in home state or country, and that state or country grants reciprocity Military Official U.S. or state military service MV, without valid TX license, unless commercial Nonresident on active duty in U.S. armed forces, spouse, or dependant child who has valid DL issued by home state Active military holding valid DL issued by the U.S. armed forces in a foreign country; 90 days upon return to U.S. Unless Texas DL suspended, cancelled, revoked or denied, will remain valid as long as service continues, and remains absent from Texas and absence does not exceed 90 days from honorable separation or returns to Texas 4

18 6/13/2017 Driving Privilege Reciprocity Allows a person to: 1. Use a valid, unexpired foreign license 2. For up to one (1) year or until a person becomes a Texas resident 3. As new resident, must apply w/n 90 days **Applies only to Noncommercial Licenses Moving to Texas International Agreements Texas Law for Privilege Recognizes: 1943 Inter-American Convention on the Regulation of Inter-American Automotive Traffic (Art. VI) North Atlantic Treaty Organization (NATO) Agreement Several other countries under consideration by U.S. State Department 5

6/13/2017 Other International Agreements 1949 International Convention on Road Traffic Multilateral Treaties in Force as of January 1, 2013 Magistrate Duties under Vienna Obligation to provide Vienna

19 6/13/2017 Other International Agreements 1949 International Convention on Road Traffic Multilateral Treaties in Force as of January 1, 2013 Magistrate Duties under Vienna Obligation to provide Vienna Convention notifications to foreign nationals. Should determine if detainee is foreign national. Document findings for the record. Overview of Drivers License Classifications Class A weight over 26,001 Class B Weight over 26,001 Class C Regular Passenger Vehicle Class M Motorcycle and Moped **Issued to those exempt from CDL or not required to obtain CDL 6

20 6/13/2017 Care to Guess? Not more than three wheels Steering Wheel Seating Complies with Fed Motorcycle Safety requirements Autocycle -- SB 449, eff. May 22, amend g TRC Ch. 521 CDL Classifications Class A CDL Class B CDL Class C CDL Exempt from CDL --Recreational vehicle operators, for own use --Some farmers who meet certain criteria --Operators of cotton-seed modules or cotton burrs --Fire-fighting or emergency vehicle operator --Military vehicle operators --Vehicles owned, leased or controlled by an air carrier 7

21 6/13/2017 Commercial DL Holders **Only Commercial Drivers Licenses from Canada and Mexico are recognized by the U.S. Secretary of Transportation as having full reciprocity for driving privileges in the state of Texas [do not qualify for nonresident CDL] OTHERS IF, licensing standards meet the U.S. testing and licensing standards. Nonresident Commercial DL DPS may issue: 1. No Social Security Number Temporary, 60-day nonrenewable, nonresident CDL 2. SSN Not Temp --Meet all CDL requirements --Present add l documentation --Pay fee International Driving Permits Not a license but a translation of valid license A companion document Must be obtained in country where licensed, but not used in that country Required for foreign nationals in some U.S. states Valid in 150 countries Issued within 6 months of desired effective date; valid for 1 year 8

22 6/13/2017 International Driving Permits Many U.S. Citizens get an IDP to allow driving and renting cars in foreign countries U.S. State Department authorizes only two providers: American Automobile Association AAA National Automobile Club NAG Current Issues in Texas Real ID Act (2005) [org. compliance 2008] Stricter ID documents Tamper-proof license Machine-readable technology that stores personal information Texas granted an extension for compliance to October 17,

23 6/13/2017 January 22, 2018, must be REAL ID compliant or alternative acceptable ID (Passport) required for domestic air travel. May also be denied as identification for entry into military bases and some federal buildings. SB 4 Eff. Sept. 1, 2017 Enforcement of State and Federal Immigration Laws by Local Entities and Campus Police Departments [Amends Ch. 752 of Government Code, by adding Subchapter C] 10

24 6/13/2017 SB 4 Eff. Sept. 1, 2017 Prohibits sanctuary city policies Which prohibit local law enforcement from inquiring about immigration status/complying with detainer request Which prohibit sharing immigration status with federal gov t Provides civil penalty SB 4 Eff. Sept. 1, 2017 Excludes: Peace officers employed/contracted by hospital or hospital district while performing duties Peace officers employed/contracted by religious organization while performing duties School districts or open-enrollment charter schools, including peace officers employed/contracted Local public health department Community center [HSC (4)] or local mental health authority [HSC ] SB 4 Eff. Sept. 1, 2017 Authorizes any citizen, including institution of higher education enrollees or employees, to file AG complaint Intentional violations result in civil penalties daily Removal from office 11

25 6/13/2017 SB 4 Eff. Sept. 1, 2017 Law enforcement agencies adopt written policy requiring community outreach to educate the public Prohibited from inquiring into immigration status of a victim or witness to criminal offense, unless officer determines inquiry is necessary to investigate or provide information about federal visas designed to protect individuals providing assistance to law enforcement. SB 4 Eff. Sept. 1, 2017 Criminal penalties for law enforcement who fail to comply with immigration detainer request Class A misdemeanor Sanctuary Cities?? Self-Declaration that illegal immigrants will be safe from local harassment: Austin, Baytown, Brownsville, Channelview, Denton, Dallas, El Cenzo, Ft. Worth Houston, Katy, Laredo, League City, McAllen, Port Arthur, San Antonio 12

6/13/2017 ICE Immigration & Customs Enforcement Part of Homeland Security Includes former Immigration & Naturalization Services (INS) & Customs departments Office of Detention & Removal Operations

26 6/13/2017 ICE Immigration & Customs Enforcement Part of Homeland Security Includes former Immigration & Naturalization Services (INS) & Customs departments Office of Detention & Removal Operations (DRO) ICE Hold Request from ICE to local jurisdictions to detain a foreign national ICE detainer alerts Request notice, and changes in status ICE hold requests the court notify ICE: (1) when prisoner released & (2) disposition Good Resources Travel.state.gov > Consular Notification and Access oag.state.tx.us/criminal/consular.shtml 13

Foreign Nationals & Immigration Issues

Foreign Nationals & Immigration Issues 16 th Annual Municipal Prosecutors Conference Addison, Texas March 5, 2009 A Look Ahead 1. Vienna Convention 2. ICE Holds 3. Illegal Status (Entry v. Presence) 4.