Last year VACIR and its 39 member organizations supported driving privileges cards for undocumented Virginians. HB2163 is an extension of the dpc bill. HB2163 will protect DMV data from Immigration and Customs Enforcement (ICE). This bill will limit DMV data access to law enforcement unless they have a warrant, or have an emergency need to access data and can subsequently produce a warrant 48 hours after accessing the data. VACIR and its 39 member organizations endorse this bill. We urge you to stand with immigrant families once again and support HB2163 sponsored by Delegate Tran.

Del. Tran's bill protects immigrants and all drivers personal information. It prevents discrimination and profiling by preventing the sale of data to 3rd party vendors and the targeting of Driver Priviledge Card holders. Government agencies can still obtain specific information for the sole purpose of administrating criminal justice, by using the appropriate channels, such as a judicial warrant or subpoena. Agencies receiving the data may use the information for the original reason the information was requested. This bill assures that Virginia continues to be an inclusive and welcoming community

Del. Tran's bill protects immigrants and all drivers personal information. It prevents discrimination and profiling by preventing the sale of data to 3rd party vendors and the targeting of Driver Priviledge Card holders. Government agencies can still obtain specific information for the sole purpose of administrating criminal justice, by using the appropriate channels, such as a judicial warrant or subpoena. Agencies receiving the data may use the information for the original reason the information was requested. This bill assures that Virginia continues to be an inclusive and welcoming community

I write today in support of HB2163 that will limit the release of Department of Motor Vehicles (DMV) privileged information to Immigration and Customs Enforcement (ICE). I am co-founder of the Drive Virginia Forward (DVF) coalition that has pushed for years for the passage of driver’s license legislation for Virginians who do not qualify for traditional licenses due to their immigration status. Thankfully such legislation passed in 2020 and went into effect on January 2, 2021. In preparation for the law’s implementation, we at DVF have worked to prepare thousands of applicants for the new process. We have seen the time and care they have devoted to get their paperwork in order, properly translated and pay Virginia state taxes. Some have even written to family in their countries of origin to obtain documents. They have also studied hard to learn Virginia driving and safety rules so that they are prepared for the road safety exams that will help ensure that they become safe Virginia drivers. They are doing all that is asked to become lawful Virginia drivers and are indeed grateful for the opportunity to do so. One individual expressed her relief that she no longer had to worry about whether or not her husband would return home when he left in the morning for work. That being said, applicants have expressed to us their concern about whether or not their personal information will be given over to ICE. It is for this reason that we urge the members of this committee to vote yes on HB2163. Tens of thousands of Virginians are doing all they can to follow Virginia law and be licensed drivers. It is unfair that doing so could make them vulnerable to ICE operations. We need to ensure that their information is protected.

On behalf of Experian, I respectfully oppose the current version of HB 2163. Experian is a member of the Consumer Data Industry Association and our automotive business purchases motor vehicle registration information for recalls and vehicle history reports. We do not have any objection to the provisions of the bill related to immigration information or to access to information for the state police. We have been glad to work with Del. Tran to ensure that the personal information of Virginians continues to remain protected. It is our hope to develop mutually agreeable language.

Why does the Democratic party want to stop information on illegal immigrants but wants to snoop on its own citizens?

Good morning my name is Alejandra Ponciano, I am one of the thousands who have benefited from obtaining my Drive Privelege Card, I am very grateful for your support and for having empathy for us, I have my Drive Privelege Card for a few days, believe me that I am very happy and I have seen this happiness in many people who have already done their process in the dmv. Now I feel part of this beautiful community that is Virginia, I feel the peace of being able to drive without fear of being stopped by a police officer, I just have to comply and you will respect the traffic rules. However, I am very concerned that ICE will have access to my information without having a court order and I know that several people in my community feel the same fear. I am a single mother, I have two daughters whose only support I am, one of whom is studying at Virginia Tech and I am very proud of her and my little girl who is in fifth grade and loves mathematics, I would not want to be separated from my family, it is which is why I support this bill from Delegate Kathy Tran to protect the information on the Drive privilege card

We continue to work with the patron on this legislation. Some issues have been addressed but other issues remain. We are currently reviewing the latest draft of a substitute we received from the patron last night.

Having read the summary of this bill, I am strongly in favor of it. Because it will prevent release, absent a valid judicial warrant, of information to immigration agents, those who are immigrants with regular driver licenses need no longer fear that immigration agents can use information to locate family members who might be undocumented. Moreover, with the bill passed last year allowing persons without proof of legal residence to obtain a "driver privilege" card, access to their information will now be protected as well. The consequence is that now both documented and undocumented immigrants may feel safer in taking part in services available to all residents, such as public education or the use of a library. Almost everywhere in Virginia the ability to drive legally is often needed to get to work. This bill, in combination with last year's Driver Privilege bill, should make life much less fraught with risk for all immigrants. I consider the consequences of this bill to make Virginia safer in several ways.

What other country allows illegal behavior to be hidden from other governmental agencies, but yet wants to track their own law abiding citizens? HB 2015, HB 1800, SB 1100, HB 1876, HB 1884 do just that. According to https://www.msn.com/en-us/news/politics/crime-committed-by-undocumented-aliens-is-a-real-issue/ar-BB1aaSA0, Additionally, 70 percent of the 27,494 known or suspected aliens in BOP custody had been convicted of non-immigration-related crimes, as had 39 percent of the 23, 580 known or suspected aliens in USMS custody. Is the state going to declare sovereign immunity when another Kate Steinle event happens?

Congressman Tran, thank you for helping Virginia move forward with Driver's Privilege Cards. When I inquired with the state DMV about getting a driver's license for the woman who was caregiver for my partner who did not have mobility to drive, I learned she was ineligible because she did not have a green card. The caregiver, Mathilde, had rented an apartment so she could be closer to me and my partner. Had she stayed in D.C., or lived in Maryland, she could easily have obtained a driver's license; but not in Virginia. In any case, now the opportunity for a driver's license for Mathilde is on the horizon. HB 2163 needs to pass! Thank you so very much for your good work. Juanita Illera

Thank you for supporting this proposal

HB 2163 Department of Motor Vehicles; limits on release of privileged information Support Who we are: ACLU People Power Fairfax is an independent grassroots organization that advocates for equal justice for all members of the community, including undocumented immigrants, regardless of race or ethnicity. Our primary goals are to end local and state government’s voluntary cooperation with ICE and to correct practices and policies that support systemic racism in our law enforcement. There are over 4,000 People Power volunteers in Fairfax. Our efforts reflect the views of our members, not necessarily those of the ACLU Virginia affiliate. Thanks to your efforts last year, starting January 1, 2021, undocumented immigrants are able to obtain Drivers Privilege Cards (DPCs) so that they can go to work or drive their children to the doctor. Unfortunately, as the law now stands, obtaining a DPC significantly increases the risk of deportation. Once individuals are in the DMV database, Immigrations and Customs Enforcement (ICE) is able to access their contact information. ICE has used driver’s license databases in other states, including Maryland and Georgia, to locate immigrants for deportation. It is unacceptable that the estimated 250,000 to 275,000 undocumented Virginians—and their family members who are often documented or citizens—must live with the fear that obtaining legal driving status increases their chances of being deported. Virginia should not be a party to ICE’s cruel separation of families, which traumatizes children, dramatically reduces family income and harms our economy. Please vote YES on Delegate Kathy Trans bill to protect the addresses and other locator information of Virginia’s immigrants from ICE’s cruel civil immigration enforcement machine.

ACLU People Power Fairfax Supports HB 2163. ACLU People Power Fairfax is an independent grassroots organization that advocates for equal justice for all members of the community, including undocumented immigrants, regardless of race or ethnicity. Our primary goals are to end local and state government’s voluntary cooperation with ICE and to correct practices and policies that support systemic racism in law enforcement. There are over 4,000 People Power volunteers in Fairfax. Our efforts reflect the views of our members, not necessarily those of the ACLU Virginia affiliate. Thanks to your efforts last year, starting January 1, 2021, undocumented immigrants are able to obtain Drivers Privilege Cards (DPCs) so that they can go to work or drive their children to the doctor. Unfortunately, as the law now stands, obtaining a DPC significantly increases the risk of deportation. Once individuals are in the DMV database, Immigrations and Customs Enforcement (ICE) is able to access their contact information. ICE has used driver’s license databases in other states, including Maryland and Georgia, to locate immigrants for deportation. It is unacceptable that the estimated 250,000 to 275,000 undocumented Virginians—and their family members who are often documented or citizens—must live with the fear that obtaining legal driving status increases their chances of being deported. Virginia should not be a party to ICE’s cruel separation of families, which traumatizes children, dramatically reduces family income and harms our economy. In order to avoid discrimination and profiling, the DPC law provides privacy protection for source documents submitted to obtain the license as well as the DPC classification itself. There are no comparable guardrails for other personal information such as addresses and other locator information. Law enforcement and other permitted users of DMV data can access such information for all drivers, including DPC holders. Delegate Kathy Tran’s bill would correct this, by protecting the addresses and other locator information of Virginia’s immigrants from ICE’s cruel civil immigration enforcement machine. Delegate Tran’s privacy bill protects this information without impeding access to DMV data for criminal law enforcement, by requiring government agencies to obtain a judicial warrant, court order or judicial subpoena to obtain DMV data for the purpose of civil immigration enforcement. Please vote YES on HR 2163. Thank you, Diane Burkley Alejandro Lead Advocate ACLU People Power Fairfax aclupeoplepowerfairfax@gmail.com

VEA supports

Mr. Chairman and members of the Committee, the Virginia Bankers Association supports this commonsense bill and appreciates the General Assembly's and Delegate O'Quinn’s continued efforts on broadband expansion. As our industry has seen reconfirmed over the last year, access to broadband is essential to delivering critical financial services to Virginians. Having these maps available will assist Virginia banks in determining where their customers are unable to reliably access online and mobile banking options, a delivery channel that continues to grow in its usage. That information will help in determining how best to deliver services, whether through in-branch services, drive-thrus, ATMs or encouraging telephone customer service where broadband capacity is lacking, or whether the bank can better leverage online technology for their customers. Likewise, as partners in community economic development, our bankers know potential project leads want to know the reach and capacity of broadband in the areas they are considering, making these maps an important component to facilitating a deal. The VBA supports efforts to provide complete coverage of broadband across Virginia, but until that occurs it is important to document and make public the coverage that currently exists. For those reasons, we support the bill and encourage its passage.

We appreciate Delegate Hayes and the hard work he has put into the creation of this legislation. We understand his vision of this being a set of guiding principles and while we have some concerns which we shared directly with the Delegate, we also understand and agree that measures must be taken now to jump start what will be a continual process to address the ever-changing landscape of consumer data control and privacy concerns. We hope that consumer-facing solutions can be made to address concerns around stopping harm when warranted in a timely manner, and greater transparency and consumer access to information for consumers and for future considerations around consumer data. We appreciate the patron's expertise and efforts and look forward to working with him on these issues in the future.

“This is well-intended but harmful to businesses. A state by state approach to this problem will harm interstate commerce, create conflicting laws between states, and cost Virginians billions in compliance costs and inevitable court costs when the rules are challenged by other states. We cheer Delegate Hayes for encouraging this discussion but a better approach would be to support consumer rights and encourage companies to make it easier for customers to set their preferences on how their data is used, if at all.