April 26, 2024 | Vol. 53, Issue 8

The only bilingual Chinese-English Newspaper in New England

Massachusetts Senate Passed the Work and Family Mobility Act for Lack Federal Status

Not everyone in Massachusetts has the right to drive. For some residents without federal immigration status, the inability to obtain a legal Driver’s license can totally prevent them from working and providing for their families. There are many jobs throughout Massachusetts where public transportation essentially does not exist and therefore they cannot get to them. And still there are other jobs where the employer actually requires a driver’s license and even a car.

Also, consider the plight of newly arrived immigrants at the mercy of the MBTA’s repair delays and shuttles. Imagine being crammed into that Blue Line from its origin at Wonderland and being shoved into shuttle buses once you arrive at Airport. You’ll be dropped off at State Street to get on the Orange line, but that brief bus trip with unmasked fellow passengers inches away from your face, sleepy, sniffling, and sneezing at 6:30 a.m. on any given weekday morning during your commute, could expose you to some major long-term medical consequences.

In Massachusetts, there are 185,000 residents who lack federal immigration status. Without cars, it would be hard for them to get out of the city’s designated public-transit zone. Without cars, these Massachusetts residents are at the mercy of a public transit system that routinely shows no mercy to them. Moreover, the fare for riding the rails is not always equitable. As early as her first full day in office back in January 2022, Boston’s Mayor Michelle Wu filed an appropriations request to make the 23, 28, and 29 bus lines free for two years. “This is part of our legacy as a city,” Wu told The Washington Post in a March 2022 interview. “…removing barriers to public transportation…would be a major step forward…”

Unfortunately, the dreams of eliminating fares as a signifier that we are helping our traditionally disenfranchised fellow Massachusetts residents don’t always have a track record of coming true. Initiatives like Wu’s are promising and certainly progressive, but they will take more time to have a conclusive positive effect on the public, if they are even fully adopted at all. This is why the steps towards allowing all residents the ability to legally drive their own cars are more conclusive, more promising.

“Without a license, a routine traffic stop can have a lasting and traumatic set of repercussions: arrest, ICE detention, deportation. It can tear families apart, and that is a heavy, heavy burden to carry that fear through the daily activities of one’s life.” Massachusetts State Senate Chang-Díaz said.

On February 16, 2022, the Massachusetts House of Representatives passed a legislation that will allow the immigrants lacking federal status to apply for the driver’s license in Massachusetts state (H.4461, an act relative to work and family mobility). This legislation was passed by a veto-proof 120-36. It then passed to the Senate.

“Under this legislation, the Massachusetts Registry of Motor Vehicles (RMV) will not inquire about immigration status when processing an application for a Massachusetts driver’s license or registration, solely basing the issuance of driver’s licenses to residents who provide required documents to prove their identity, pass the corresponding driver tests, and meet all other eligibility criteria.” Quotes from the press release by Speaker Mariano’s office.

“I’m extremely grateful for the tireless advocacy that led to this pivotal moment. I also want to thank Speaker Mariano, Chair Michlewitz, Chair Straus, and the House for their leadership on this important issue,” said Boston Mayor Michelle Wu. “All Boston and Massachusetts adults deserve access to driver’s licenses regardless of immigration status. I support the Family Mobility Act because it will make all of us safer.”

There are also some oppositions against the bill. Some Republicans and Democrats have proposed separating driver’s licenses for legal immigrants from those for undocumented immigrants. For example, printing driver’s licenses in a different color than the regular license or designing a new license.

At the debate last Thursday, the senators objected to the proposal, on the grounds that it would create the potential for discrimination and a chilling effect. The chilling effect is when people give up defending their legitimate rights because of fear of being punished and excessive loss of expectation.

On May 5, 2022, the Massachusetts Senate passed the Work and Family Mobility Act in an overwhelming vote of 32-8. It means that the Senate is cleared for the bill to overcome Governor Charlie Baker’s formal opposition.

When the bill passed the Senate last week, Senator Adam Gomez from Hampden District was on the radio praising the success.

“It was passed in the Senate last week and the House last February. We are thrilled with what’s happened but the work ahead is for us to see that the same version of this Bill has to pass in both Chambers.” Said Tricia Farley Bouvier.

“I am overjoyed that this transformational legislation was passed convincingly. Thank you to all who made their voices heard and fought for this bill that will make our roads safer for everyone and improve economic mobility for so many of our residents,” said State Senator Brendan Crighton, a lead sponsor of the bill. “No one should fear detention or deportation over essential everyday tasks, such as getting to work, school, doctor’s appointments, and grocery stores. The Work and Family Mobility Act will make the lives of more than 185,000 Massachusetts immigrants without status easier by allowing them to earn a standard driver’s license.”

“I am incredibly proud of the tremendous and persistent work of legislative partners and the Driving Families Forward Coalition, who were instrumental in the passage of the Work and Family Mobility Act in both the House and Senate,” said Representative Christine Barber (D-Somerville & Medford). “This has been a multi-year long fight for immigrant justice. I have heard from many constituents that this bill will have an immediate impact on the lives and success of immigrant families in our state. This bill will ensure everyone can get to work, drive their children to school, and access services and care safely and without fear of being pulled over for driving without a license.”

The legislation’s success in both the Massachusetts State House and Senate indicates the mutual agreement on immigrants’ rights to drive safely. Massachusetts is moving in the right direction to join 16 other states in codifying the Work and Family Mobility Act.

SAMPAN, published by the nonprofit Asian American Civic Association, is the only bilingual Chinese-English newspaper in New England, acting as a bridge between Asian American community organizations and individuals in the Greater Boston area. It is published biweekly and distributed free-of-charge throughout metro Boston; it is also delivered to as far away as Hawaii.

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