USA: The requirements to obtain a Texas driver's license for a person who is not a resident or citizen of the U.S.

According to the Texas Department of Public Safety Website, a person who is not a resident or citizen of the United States would be required to present an "unexpired United States Immigration and Naturalization Service (INS) document with verified date and identifiable photograph" along with a signed affidavit (in the absence of a social security number) and a thumbprint in order to obtain a Texas driver's license (United States 2000). A person without any INS documentation, would be required to provide "secondary identification," or a combination of secondary and "support documentation" as outlined below:

All original applicants for a Texas driver license or identification certificate must present proof of identity satisfactory to the department. (All applicants for a driver license must also provide proof of their social security number). All documents must be verifiable by the source that issued the document [emphasis in the original].

There are three categories of documents that may be presented to establish proof of identity. Every original applicant must present: one piece of primary identification; or one piece of secondary identification plus two pieces of support identification; or two pieces of secondary identification.

Primary Identification: These items are complete within themselves and require no supporting instruments: These documents must contain the applicant's complete name and full date of birth.

1. Texas driver license (DL) or identification certificate (ID) with photograph within two years after the expiration date.

2. Unexpired United States Passport;

3. United States citizenship (naturalization) certificate with identifiable photograph;

4. Unexpired United States Immigration and Naturalization Service document with verified date and identifiable photograph;

5. Unexpired United States military ID card for active duty, reserve or retired personnel with identifiable photograph.

Secondary Identification: These items are recorded governmental documents (United States, one of the fifty states, a United States territory, District of Columbia, or Canadian province).

1. Original or certified copy of a birth certificate issued by the appropriate State Bureau of Vital Statistics or equivalent agency.

2. Original or certified copy of United States Department of State Certification of Birth (issued to United States citizens born abroad) or;

3. Unexpired photo DL or photo ID issued by another (United States) state, US territory, the District of Columbia, or Canadian province;

4. Original or certified copy of court order with name and date of birth or;

5. for applicants born before 1961, the following items would be acceptable in the category: a) original or certified copy of Form DD-214; b) original or certified copy of other state or federal governmental record that states name and date of birth (such as United States records or Social Security records).

Supporting Identification: These items consist of other records or documents that aid examining personnel in establishing the identity of the applicant. The following items are not all inclusive. The examining or supervisory personnel may determine that an unlisted document meets the department's needs in establishing identity.

1. school records;

2. insurance policy (at least two years old);

3. vehicle title;

4. military records;

5. unexpired military dependant identification card;

6. original or certified copy of marriage license or divorce decree;

7. voter registration card;

8. Social Security card;

9. pilot's license;

10. concealed handgun license;

11. Texas driver license temporary receipt;

12. expired driver license or identification certificate issued by another state, territory, District of Columbia, or Canadian province that is within    two years of the expiration date.

13. a foreign passport (with or without a United States Visa); or

14. a consular document issued by a state or national government (ibid.).

With regard to the social security requirement, the Website explains that:

Individuals who are ineligible to obtain a SSN, have never applied for or received a SSN will be required to sign an affidavit certifying this information prior to the issuance of a driver license. The affidavit will be available at the driver license office and must be sworn to before an authorized department employee. Providing a false statement to the department in connection with this affidavit will result in cancellation of the license and may result in criminal charges. The affidavit is not acceptable for the issuance of a commercial driver license. To be eligible for a CDL the person must have an SSN.

SSN is not required for individuals applying for an Identification Certificate (ibid.).

In addition, the Texas Department of Public Safety requires a thumbprint in order to obtain a driver's license:

Texas Transportation Code, Section 521.142 (b)(1) requires the Texas Department of Public Safety to obtain thumbprints for a Texas driver license. This requirement has been in effect since 1967. In 1995, statutory authority was passed that allowed the Department to require the same information for applicants renewing or obtaining a duplicate driver license. At this time the Department was also allowed to require the thumbprints when issuing, renewing or providing a duplicate identification card (ibid.).

For further information, including a list of applicable driver's license and identification fees, please refer to the Texas Department of Public Safety Website.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

United States. 2000. Texas Department of Public Safety. "Driver License Information." htm> [Accessed 29 Oct. 2002]

Additional Source Consulted

United States. Texas Department of Public Safety. 29 October 2002. Telephone interview with Customer Service Representative.