AG to study legal presence documents

Virginia’s Department of Motor Vehicles may no longer accept federally-issued Employment Authorization Documents, or I-766s, as a means of proving legal presence in the United States – but they are still being taken as identity documents, said one agency spokeswoman.

“The I-766s can be used as identity documents, and they can be used in combination with other documents,” Melanie Stokes, with the DMV, said.

The immediate suspension of I-766s as legal presence documents will continue until the attorney general renders his legal opinion on the “reliability” of the cards to prove legal presence, she said.

Stokes also said those applying for licenses and identification cards who were depending upon the I-766 as a proof of legal presence document – and don’t have access to other acceptable documents on the DMV list – can request additional assistance from the DMV’s customer service.

“We can do a document research on the individual to determine their status … with the U.S. Citizenship and Immigration Service,” she said.

Brian Gottstein, director of communications with Attorney General Ken Cuccinelli’s office, said in an e-mail the office does not comment on pending opinions.

The change in DMV policy comes at the directive of Gov. Bob McDonnell, who said a Prince William fatal crash involving an illegal immigrant brought the credibility of the I-766s into question.

Carlos Martinelly Montano, 23, from Bolivia was in possession of an I-766 card when he was arrested in connection with the August drunk driving crash that killed one nun and injured two others. Subsequent police work found Montano had two prior drunk driving convictions from 2007 and 2008, and was awaiting a deportation hearing from Immigration and Customs Enforcement.

The I-766 cards are issued by the Homeland Security’s U.S. Citizenship and Immigration Service department, according to McDonnell’s office.

“The integrity of the credentials issued by the commonwealth is of the utmost importance,” McDonnell said, in a written statement. “We must ensure that documents accepted as proof of legal presence are reliable. Virginia law is clear in the requirement that an individual be lawfully in the United States to be eligible for an identification card or to have the privilege to drive.”

The DMV’s updated list of acceptable documents can be seen at www.DMVNow.com.