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Republican Controlled NCGA Seeks Driving Permits for Illegal Aliens


undocumentedIt no longer amazes me what some Republicans in the General Assembly will try to sneak through an unsuspecting population…many of whom were elected to office under the pretense of being opposed to such things as they are now supporting.

Certainly, some very good bills have been filed this session, but seemingly for every good bill there is a forced vaccination bill or, now, a bill to provide driving permits for illegal aliens who shouldn’t be in the state, much less the country, to begin with.

The bill is HB328 sponsored by Republicans WarrenB. BrownCollinsJordan;  (Primary) and Yarborough.

From our friends at NCFIRE:


In response to the mis-information you are being given by Rep. Harry Warren (and others), about House Bill H328 – Highway Safety/Citizens Protection Act, make no mistake, this bill IS about “undocumented immigrants”, their ability to drive to the jobs they have taken away from unemployed citizens of N.C. and about making it easier to come to and remain in N.C.

In fact, under section 6 § 20-37.8A. (c) (5) (i) of this bill, it directly states: “A State agency or official shall not use any information submitted as part of the application process for a restricted identification card to seek the removal from the United States of the applicant or for any purpose other than the issuance of  the restricted identification card. Nor shall a State agency or official release information pertaining to the immigration status of an applicant for a restricted identification card, except where expressly required by law to do so. “

How do you like them apples?

Section 6 of this bill also allows for any and all illegal aliens in the State of North Carolina to be eligible to receive a “restricted” North Carolina Driver’s License/permit and/or N.C. ID card. This bill is not about licenses/permits/ID cards for the DACA approved illegal aliens in N.C. They are already receiving their “restricted” N.C. driver’s licenses/permits/ID cards. Upwards of 50,000 of them have been issued so far.

The reason the word restricted is in quotation marks is because the NC. driver’s license/permit/ID cards do have some limitations on them.

Those are:

1) it can not be used to register to vote (you and I know that, but how many people who are registering people to vote, are going to know that or even abide by it?)
2) it can not be used as a legitimate ID to enter government buildings (big penalty huh?)
3) it can not be used to board aircraft (well, yes it can and the TSA in California is already allowing it:

Other than that, it is the exact same license as you and I received. It can be used as official identification and/or for driving purposes just like the one you have. There are no driving restrictions placed on the “restricted” driver’s license/permit. The Reps supporting it like to mince words and say it is “NOT A LICENSE”. It is a “RESTRICTED driving PERMIT”. Well what’s the difference if those are the only restrictions placed on it?

This has nothing to do with the “broken immigration system” or “the failure of Washington to do their job” excuses the Reps are espousing. The Supreme Court of the U.S. has ruled that States DO HAVE THE RIGHT to protect themselves by enforcing those very same Federal laws against illegal immigration, at the State level. In fact, anyone who fails to enact and enforce those laws at the State level is just as guilty of a dereliction of duty as our Legislators in D.C. are.

Quite frankly, lawmakers who actively support making it easier for illegal aliens in N.C. are, violating the U.S. Constitution (Title 8 – Chapter 12 – Subchapter II – Part VIII – § 1324 – Aiding, Abetting, Harboring, or Encouraging Illegal Aliens).

They are violating their N.C. oath of office:

“I, __________, do solemnly swear affirm that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; and that I will faithfully discharge the duties of my office; so help me, God.”

And they are violating North Carolina General Statute N.C.G.S. § 14-230. (willfully failing to discharge duties), North Carolina Constitution Art I Sec 5 (Allegiance to the United States) and Sec 29 (Treason against the State) and as such are guilty of misbehavior in office and should be charged with such.

On the one hand H328 offers some very good enforcement measures that deter illegal immigration into N.C., and on the other hand it offers a huge incentive for illegal aliens to come to N.C. , all within the same bill.

Why jump through all these hoops to accommodate illegal aliens who shouldn’t be here in the first place. Simply enforce the law, they will leave, and we won’t have to go through all these contortions.

Why are we rewarding people who have broken the law, with a North Carolina driver’s license/permit?

Unless you agree with this type of action by your lawmakers, I urge you to contact your State Representative and demand they “Remove section 6 and THEN pass the bill”.


Here is a LINK to the current edition of the bill as it stands in the Finance Committee.

The relevant Section 6 reads as follows:

§ 20‑37.8A.  Restricted identification card.

(a)        Eligibility. – A person who is a resident of this State and who is not lawfully present in the United States is eligible for a restricted identification card.

(b)        Application. – The Division shall issue a restricted identification card to an applicant who meets all of the following requirements:

(1)        The applicant is not lawfully present in the United States.

(2)        The applicant completes the application form used to obtain a drivers license.

(3)        The applicant agrees to a criminal history check and that check shows that the applicant does not have a criminal history. The criminal history check shall include the taking of the applicant’s fingerprints. An applicant for a restricted identification card who is under 16 years old shall not be required to agree to a criminal history check under this subdivision.

(c)        Format. – A restricted identification card issued under this section shall do all of the following:

(1)        Conform to the requirements of G.S. 20‑7(n)(1) through (6), (9), and (10).

(2)        Be printed in a horizontal or vertical format that distinguishes the restricted identification card, as determined by the age of the applicant and the appropriate horizontal or vertical format for that age.

(3)        Bear an identifying number for the license holder assigned by the Division, the first character of which shall be a letter that is only assigned to restricted identification cards.

(4)        Bear a distinguishing mark or other designation on the face of the identification card clearly denoting the limited duration of the identification card and clearly distinguishing it from other forms of licenses of limited duration and identification cards of limited duration.

(5)        Bear a clearly legible statement that the identification card (i) is not valid as a means of demonstrating eligibility for voter registration or for public benefits, (ii) does not legitimize the holder’s presence in the United States or the State of North Carolina, and (iii) is not valid for any purpose other than demonstrating identity.

(d)        Expiration. – A restricted identification card shall expire no later than one year after the date of issuance.

(e)        Fee. – The Secretary of Transportation shall set the fee for an initial one‑year restricted identification card, and the fee may not be lower than the actual cost of processing the relevant application and furnishing the card. The fee for a renewal of a restricted identification card is twenty‑five dollars ($25.00). The fee shall be paid before a person receives a restricted identification card.

(f)         Records. – The Division shall maintain a record of all recipients of a restricted identification card.

(g)        No State Liability. – The fact of issuance of a restricted identification card pursuant to this section shall not place upon the State of North Carolina or any agency thereof any liability for the misuse thereof and the acceptance thereof as valid identification is a matter left entirely to the discretion of any person to whom such card is presented.

(h)        Advertising. – The Division may utilize the various communications media throughout the State to inform North Carolina residents of the provisions of this section.

(i)         Misuse of Information. – A State agency or official shall not use any information submitted as part of the application process for a restricted identification card to seek the removal from the United States of the applicant or for any purpose other than the issuance of the restricted identification card. Nor shall a State agency or official release information pertaining to the immigration status of an applicant for a restricted identification card, except where expressly required by law to do so. This section does not prohibit the use of the information in the prosecution of crimes that (i) are committed by the applicant after the issuance of the identification card or (ii) are revealed by a criminal history check undertaken pursuant to subsection (b) of this section.

(j)         Definition of Criminal History. – For purposes of this section, the term “criminal history” means a history of conviction of a State or federal crime, whether a misdemeanor or felony, that includes the criminal offenses set forth in any of the following Articles of Chapter 14 of the General Statutes: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7A, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; Article 40, Protection of the Family; Article 59, Public Intoxication; and Article 60, Computer‑Related Crime. The crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol‑related offenses, including sale to underage persons in violation of G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1 through G.S. 20‑138.5, but shall not include disturbing the public peace, misdemeanor possession of marijuana, worthless checks, misdemeanor larceny, shoplifting, or public drunkenness. The term shall include a final conviction in another state or in a federal jurisdiction of an offense which is substantially similar to any of the offenses listed in this subsection.

(k)        Division to Ensure That Cards Are Not Used to Obtain Public Benefits. – The Division shall work with other State and local agencies on an ongoing basis to ensure that restricted identification cards are not used to obtain public benefits for which only citizens and lawfully present persons are eligible.

I love how Part 3 says that the applicant must not have a criminal history, and then Part 5J conveniently defines “criminal history” so as to avoid the most obvious….the fact that the applicant is illegally in the United States to begin with!!!!

Have the elected Republicans supporting this bill just completely given up on common sense and the beliefs of the vast majority of their fellow Party members?

The NCGOP Platform in Article X, Section 3 states, “Border security is essential to national security. In an age of terrorism, drug cartels and criminal gangs, unidentified persons who enter this country pose grave risks to the sovereignty of the United States. Furthermore, the Federal government should enforce its immigration laws.”

I guess such “grave risks” aren’t so bad as to prevent the acquisition of driving privileges for those offenders in the state of North Carolina.


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