Letter to Charles Baker, Governor of Massachusetts - Representatives Lori Trahan and Ayanna Pressley Lead Call for Governor Baker to Assist TPS and DED Holding Bay Staters

Letter

Dear Governor Baker,

We are writing to respectfully request your assistance in addressing ongoing challenges faced by many Temporary Protected Status (TPS) as well as Deferred Enforced Departure (DED) holders seeking driver's license renewals. This is a national challenge that is a direct consequence of the actions of the White House and U.S. Department of Homeland Security (DHS). We understand that your Administration is already taking important steps to remedy the issue. However, we believe additional measures are required, and we submit two recommendations for your consideration.

As you know, the U.S. Department of Homeland Security -- at the direction of President Trump -- has attempted to cancel TPS for approximately 400,000 people from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. It is estimated that 17,424 individuals with TPS status reside in the Commonwealth. The Administration's decision to deny extension is unnecessary and cruel. It has upended lives and inspired fear of detention and deportation. For many TPS and DED holders, the lack of a valid driver's license is a major source of concern.

Employment Authentication Documents (EADs) are a standard requirement to secure a driver's license. However, EADs for the TPS and DED holders from these nations are expired or expiring. Nevertheless, on March 1, 2019, DHS issued a Federal Register notice -- 1615-ZB78 -- that automatically renews EADs for TPS holders from Sudan, Nicaragua, Haiti, and El Salvador through January 2, 2020. This extension was the result of a court injunction in Ramos v. Nielsen. Moreover, per Bhattarai v. Nielsen, TPS termination for Nepal and Honduras is also suspended. Recently, the Administration published a Federal Register notice -- 9111--97--P -- delaying the expiration of (DED) for Liberians through March 30, 2020.

We understand that the Registry of Motor Vehicles (RMV) has been helpfully engaged with TPS holders to renew driver's licenses, including training employees to appropriately recognize that expired EADs, in fact, remain valid. However, based upon constituent feedback, it is clear additional steps are necessary. To that end, we offer two recommendations, developed in consultation with TPS advocacy organizations, for your consideration:

First, the RMV should immediately post on the front page of its website a simple, one-page, document -- in all relevant languages -- clearly stating that EADs are valid for all affected TPS and DED holders. This form would serve as official confirmation -- for use by RMV employees and TPS and DED holders -- of the validity of apparently expired EADs. Further, its availability online and in a printable format will allow TPS and DED holders and advocacy groups to circulate the document.

Second, the RMV should permit driver's license extensions for TPS and DED holders for at least one year. It is our understanding that current extensions are only offered until January 2, 2020. This limitation is a source of distress and confusion and, ultimately, will be less efficient for Massachusetts residents and RMV employees alike.

We are all strong supporters of the American Dream and Promise Act, which would offer a permanent and fair fix for these families. The Speaker and the Majority Leader of the House have made clear that this bill is a high priority for them as well. Your assistance in reducing the burden on TPS and DED holders by taking these steps while we work to secure the bill's enactment would be greatly appreciated.

Thank you for your attention to our request.