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Driving without a license
Illegal aliens risk charges to travel
By Ellen G. Lahr
Berkshire Eagle Staff
GREAT BARRINGTON -- Carlos Torres was heading home to Lakeville, Conn., one October day, after doing a porch renovation job in West Stockbridge.
Somewhere in Alford, police stopped him for speeding about 10 miles over the local limit, he said. His car was towed, and he was left to make his own way home.
As with countless undocumented workers, Torres has no Massachusetts driver's license because he has no Social Security number to obtain one, as required here and in numerous other states.
Fausto Tamayo, 52, of Lee, an Ecuadoran immigrant, was driving without a license Oct. 3 when he rolled through a stop sign; he, too, was charged with driving without a license.
Massachusetts' driving laws, and laws in Connecticut where Torres lives, pertain to driver's licenses only.
Torres and Tamayo are allowed to own and register a car, to attach license plates, to pay excise taxes and to buy a new car insurance policy -- but they can't legally drive a car.
In Southern Berkshire District Court on Thursday, both men worked out minor penalties: Tamayo's unlicensed driver charge was dismissed, and he paid a fine for the stop sign violation.
The case of Torres, whose car is registered and insured in Connecticut, was continued without a finding, with a probation contingency for several months.
Judge James B. McElroy ordered both men not to drive.
Looking the other way
One South County police chief said he's had a handful of cases involving immigrant drivers with no licenses, and tends to overlook the matter among the otherwise law-abiding motorists.
But not all are lenient.
"Not at all would we look the other way," said another South County police officer.
Thomas Bartini, clerk-magistrate of Southern Berkshire District Court, said unlicensed immigrant drivers are an increasing clientele in the court, but that the court is under no obligation to report minor motor-vehicle offenses to immigration authorities.
In these two cases, one charge was dismissed and the other will be after several months, assuming Torres has no further problems. But even with a conviction, the driving-without-a-license offense would not show up on a criminal record check, Bartini said.
On the other hand, judges are obligated to inform anyone convicted of a crime that it may lead to deportation.
Torres, through a Spanish-language interpreter during a court recess Thursday, said that the driver's license restriction is "muy grando" -- very big, among undocumented workers living in a rural area. They often work late-night jobs in restaurants and odd-hours factory shifts, for which there is no after-hours public transportation.
He said people drive to their jobs anyway out of necessity. Or they rely on friends for rides. Or they ride bikes, in all sorts of weather. Or they walk.
"I know of a woman who walked four hours back and forth to work, from Ashley Falls [in Sheffield] to Canaan, Conn.," Torres said.
Sandra Hall, a certified legal interpreter who accompanied both men to court Thursday, said she increasingly represents illegal aliens charged with driving without a license.
Immigrants also are at a disadvantage if they cannot speak English fluently to police, a problem for both Torres and Tamayo.
Loosening state laws
"This is a huge issue: You can't work without [a license]. It's difficult to get children to school and medical appointments, so people are driving anyway, out of need," said Hilary Greene, director of the New American Citizen Coalition in Pittsfield. "And it's a safety issue, because people without a license haven't gone through the channels of proving they are safe drivers."
In other words, they haven't proved that they know the rules of the road through the state driver's license test.
Last week, state Rep. Timothy Toomey, D-Cambridge, chairman of the House Committee on Public Safety, filed legislation that would loosen the state's driving laws regarding undocumented immigrants. The law would allow any driver to obtain a license if they passed the required test.
However, a proposed federal law could create tougher restrictions nationwide, said Greene, of the Pittsfield coalition.
Ali Nirani, executive director of the Massachusetts Immigrant and Refugee Coalition in Boston, said that this is "hands down, a very important issue."
"In a world of ironies, it is also one of the more entertaining ones," he said, noting that the state happily accepts registration fees and other car-related expenses and taxes, while depriving drivers of their legal right to drive.
He said public safety is the key; any untested drivers, immigrant or not, can pose risks on the road.
An immigrant can drive for a year with an international driver's license, but when that expires, they may find themselves driving illegally. However, they may have been able to buy, register and insure a car during that legal driving year.
Torres said he has valid insurance. Indeed, he was not charged in Massachusetts with driving an uninsured vehicle.
Tamayo also faced no such charge.
State Rep. William "Smitty" Pignatelli, D-Lenox, said he has not fully read the proposed measure, but predicted that it will gain support in the House as a "solid piece of legislation."
"This comes down to public safety," Pignatelli said. "We have a growing immigrant population, especially in Lee, people holding down two jobs, hard-working people who need to get back to work, and we need them driving legally and understanding the rules of the road."
The clampdown on immigrants after the Sept. 11, 2001, terrorist attacks affected many aspects of their lives, Pignatelli said.
Tamayo works two jobs, at a Lee restaurant and at a Pittsfield company. He is unsure how he will get to and from his overnight shift in Pittsfield.
Meanwhile, his wife, three daughters and son live in Ecuador and rely on the money he sends home, while he shares an apartment with two friends.
When he was stopped for running a stop sign, he was not at his best because he was recovering from a hernia operation.
"I couldn't tell the police officer that," he said, referring to his language limits.
Torres, who said he was a professor of technology in Colombia, came here four years ago, about the time his son was accepted at Purdue University in Indiana. He said it has been costing him and his wife $22,000 a year to send their son there; he will graduate Dec. 19. Torres works at odd jobs and carpentry, and his wife is a housekeeper.
He left his native land, he said, "because our country is basically at war."
Hard-working
Michael Ballon, owner of Castle Street Cafe in Great Barrington, said that his staff of immigrant employees are citizens.
One was sponsored by Ballon and applied for a green card -- or lawful permanent residency -- prior to 9/11. The card finally came through just a few weeks ago.
"The reality is the issue of immigration and the legal status of workers does not seem to be a pressing concern around here," Ballon said. "Ask any landscaper, painter or contractor or mill operator. They're working here and not causing issues, and no one is taking away the jobs of Americans. Anyone can get a job anywhere right now."
"I'm very respectful of the laws, they were made to be followed," said Torres. "It should be legal for us to drive."
http://www.berkshireeagle.com/Stories/0,1413,101~7514~2579242,00.html
Illegal aliens risk charges to travel
By Ellen G. Lahr
Berkshire Eagle Staff
GREAT BARRINGTON -- Carlos Torres was heading home to Lakeville, Conn., one October day, after doing a porch renovation job in West Stockbridge.
Somewhere in Alford, police stopped him for speeding about 10 miles over the local limit, he said. His car was towed, and he was left to make his own way home.
As with countless undocumented workers, Torres has no Massachusetts driver's license because he has no Social Security number to obtain one, as required here and in numerous other states.
Fausto Tamayo, 52, of Lee, an Ecuadoran immigrant, was driving without a license Oct. 3 when he rolled through a stop sign; he, too, was charged with driving without a license.
Massachusetts' driving laws, and laws in Connecticut where Torres lives, pertain to driver's licenses only.
Torres and Tamayo are allowed to own and register a car, to attach license plates, to pay excise taxes and to buy a new car insurance policy -- but they can't legally drive a car.
In Southern Berkshire District Court on Thursday, both men worked out minor penalties: Tamayo's unlicensed driver charge was dismissed, and he paid a fine for the stop sign violation.
The case of Torres, whose car is registered and insured in Connecticut, was continued without a finding, with a probation contingency for several months.
Judge James B. McElroy ordered both men not to drive.
Looking the other way
One South County police chief said he's had a handful of cases involving immigrant drivers with no licenses, and tends to overlook the matter among the otherwise law-abiding motorists.
But not all are lenient.
"Not at all would we look the other way," said another South County police officer.
Thomas Bartini, clerk-magistrate of Southern Berkshire District Court, said unlicensed immigrant drivers are an increasing clientele in the court, but that the court is under no obligation to report minor motor-vehicle offenses to immigration authorities.
In these two cases, one charge was dismissed and the other will be after several months, assuming Torres has no further problems. But even with a conviction, the driving-without-a-license offense would not show up on a criminal record check, Bartini said.
On the other hand, judges are obligated to inform anyone convicted of a crime that it may lead to deportation.
Torres, through a Spanish-language interpreter during a court recess Thursday, said that the driver's license restriction is "muy grando" -- very big, among undocumented workers living in a rural area. They often work late-night jobs in restaurants and odd-hours factory shifts, for which there is no after-hours public transportation.
He said people drive to their jobs anyway out of necessity. Or they rely on friends for rides. Or they ride bikes, in all sorts of weather. Or they walk.
"I know of a woman who walked four hours back and forth to work, from Ashley Falls [in Sheffield] to Canaan, Conn.," Torres said.
Sandra Hall, a certified legal interpreter who accompanied both men to court Thursday, said she increasingly represents illegal aliens charged with driving without a license.
Immigrants also are at a disadvantage if they cannot speak English fluently to police, a problem for both Torres and Tamayo.
Loosening state laws
"This is a huge issue: You can't work without [a license]. It's difficult to get children to school and medical appointments, so people are driving anyway, out of need," said Hilary Greene, director of the New American Citizen Coalition in Pittsfield. "And it's a safety issue, because people without a license haven't gone through the channels of proving they are safe drivers."
In other words, they haven't proved that they know the rules of the road through the state driver's license test.
Last week, state Rep. Timothy Toomey, D-Cambridge, chairman of the House Committee on Public Safety, filed legislation that would loosen the state's driving laws regarding undocumented immigrants. The law would allow any driver to obtain a license if they passed the required test.
However, a proposed federal law could create tougher restrictions nationwide, said Greene, of the Pittsfield coalition.
Ali Nirani, executive director of the Massachusetts Immigrant and Refugee Coalition in Boston, said that this is "hands down, a very important issue."
"In a world of ironies, it is also one of the more entertaining ones," he said, noting that the state happily accepts registration fees and other car-related expenses and taxes, while depriving drivers of their legal right to drive.
He said public safety is the key; any untested drivers, immigrant or not, can pose risks on the road.
An immigrant can drive for a year with an international driver's license, but when that expires, they may find themselves driving illegally. However, they may have been able to buy, register and insure a car during that legal driving year.
Torres said he has valid insurance. Indeed, he was not charged in Massachusetts with driving an uninsured vehicle.
Tamayo also faced no such charge.
State Rep. William "Smitty" Pignatelli, D-Lenox, said he has not fully read the proposed measure, but predicted that it will gain support in the House as a "solid piece of legislation."
"This comes down to public safety," Pignatelli said. "We have a growing immigrant population, especially in Lee, people holding down two jobs, hard-working people who need to get back to work, and we need them driving legally and understanding the rules of the road."
The clampdown on immigrants after the Sept. 11, 2001, terrorist attacks affected many aspects of their lives, Pignatelli said.
Tamayo works two jobs, at a Lee restaurant and at a Pittsfield company. He is unsure how he will get to and from his overnight shift in Pittsfield.
Meanwhile, his wife, three daughters and son live in Ecuador and rely on the money he sends home, while he shares an apartment with two friends.
When he was stopped for running a stop sign, he was not at his best because he was recovering from a hernia operation.
"I couldn't tell the police officer that," he said, referring to his language limits.
Torres, who said he was a professor of technology in Colombia, came here four years ago, about the time his son was accepted at Purdue University in Indiana. He said it has been costing him and his wife $22,000 a year to send their son there; he will graduate Dec. 19. Torres works at odd jobs and carpentry, and his wife is a housekeeper.
He left his native land, he said, "because our country is basically at war."
Hard-working
Michael Ballon, owner of Castle Street Cafe in Great Barrington, said that his staff of immigrant employees are citizens.
One was sponsored by Ballon and applied for a green card -- or lawful permanent residency -- prior to 9/11. The card finally came through just a few weeks ago.
"The reality is the issue of immigration and the legal status of workers does not seem to be a pressing concern around here," Ballon said. "Ask any landscaper, painter or contractor or mill operator. They're working here and not causing issues, and no one is taking away the jobs of Americans. Anyone can get a job anywhere right now."
"I'm very respectful of the laws, they were made to be followed," said Torres. "It should be legal for us to drive."
http://www.berkshireeagle.com/Stories/0,1413,101~7514~2579242,00.html
) about how we actually get deportations out of it. I say we find everything we can on this proposal and forward it to the US Attorney General, FoxNews, The Herald or any other main stream America media outlet and raise the alarm. California tried it twice and it failed THANKFULLY! Until then, Lock them up, print them under whatever name they give and do your best at finding out what record they have and if its something you think warrants deportation CALL ICE. I have numbers, names and contacts for anyone in Mass who wants them. PM for the info...and keep up the fight to keep America safe!!
