Angel Mom Maureen Maloney
Leads Citizen Effort to
Repeal Law Giving Driver’s
Licenses to Illegal Aliens

FROM OUR PRINTED JUNE 2022 EDITION

www.FairandSecureMA.com

by Ted Tripp

Sr. Political Reporter

On June 13th the Massachusetts Legislature celebrated by signing into law the deceptively named “An Act relative to work and family mobility” (H 4805). This new law makes standard driver’s licenses eligible for the estimated 185,000 to 250,000 illegal aliens in Massachusetts if they can show documents proving their identity, date of birth and residency to a Registry of Motor Vehicles staff member.

The original bill passed both branches of the Legislature by wide margins in May, mostly along party lines, but was vetoed by Governor Baker on May 27th. He was concerned that Registry staff lacked the expertise to verify the many types of identification that [illegal] immigrants use from other countries and that the legislation could also make it easier for non-citizens to register and vote in an election. In spite of this, the House overrode Baker’s veto on June 8th by 119-36 and the Senate followed suit on June 9th, 32-8.

The day the law became official, Monday, June 13th, Angel Mom Maureen Maloney of Milford established a ballot committee to repeal the law with the Office of Campaign and Political Finance (OCPF). The committee is called Fair and Secure Massachusetts and is based in North Andover, Mass. The committee hopes to collect enough signatures to put the repeal of the law on this year’s November 8th ballot.

Maureen Maloney is no stranger to the horrors of illegal immigration. In 2011 her son, 23-year-old Matthew Denice, was riding his motorcycle when a drunken illegal alien, Nicolas Guaman, struck him with his truck and dragged him for a quarter of a mile before finally stopping. Matthew died at the scene. The Ecuadoran Guaman had been living in the U.S. for 9 years before the incident, for which he was eventually convicted of OUI manslaughter and sent to jail.

Since then, Maureen has become an activist to help prevent similar tragedies from happening to other families. She has testified both nationally and at the State House on legislation involving illegal immigration and in 2016 met with President Trump to further her positions on the enforcement of our borders. Maureen is currently Vice President of Advocates for Victims of Illegal Alien Crime (AVIAC), Republican state committeewoman for the Worcester Norfolk District, treasurer of the Milford Republican Town Committee and, of course, Chair of the new Fair and Secure Massachusetts Committee.

I interviewed Maureen to obtain more specific details on the repeal effort:

Ted: Welcome, Maureen. Thank you for stepping up to organize this committee in an attempt to repeal the law authorizing driver’s licenses for illegal aliens.

When did you know you could repeal the new law in a matter of months?

Maureen: I was contemplating putting together a regular initiative petition in two years when Republican candidate for Governor Geoff Diehl contacted me and told me about the section of the Massachusetts Constitution which allows for repeal of a new law if, within 30 days of when the Legislature passes the new statue, ten certified voters file paperwork with the Secretary of State to gather signatures and, if enough certified signatures are submitted to the Secretary of State, a repeal question will be placed on the next statewide election ballot.

Geoff Diehl also asked me to chair this new effort. He supports the repeal.

“An Act relative to work and family mobility” was actually signed into law on Monday, June 13th, so we had to wait until Tuesday, June 14th to file the repeal paperwork with the Secretary of State.

Ted: Do you know the last time this little-known repeal provision of Massachusetts law was used?

Maureen: I don’t know.

Ted: Of the original 10 signers of your petition, were there any well-known supporters?

Maureen: Republican Senator Ryan Fattman, Republican Representative Marc Lombardo and Democrat Representative Colleen Garry. Also, Republican congressional candidate Dean Tran and Republican state representative candidate Dr. Raymond Xie. I believe we actually had about 15 original signers.

Ted: What are the actual procedures and timelines you have to meet in the repeal process?

Maureen: The paperwork for the repeal of the Work and Family Mobility law was filed with the Secretary of State on Tuesday, June 14th. The repeal language for the ballot also has to be reviewed by the Attorney General’s Office. We hope to get approval to move forward sometime next week (actually now the week of June 27th to July 1st). The Secretary of State will then send us a digital copy of the official petition we will use to collect signatures so that we can make many copies for distribution.

We need all collected raw signatures to be turned into the local city and town clerks by August 24th for certification. Of these, we need 40,120 certified signatures to then be submitted to the Secretary of State by September 7th to qualify the repeal question for the November ballot. The 40,120 figure is 1½ % of the total vote cast for governor in 2018.

Ted: Do you need money?

Maureen: Yes, of course. Our treasurer Kevin Dube is in the process now of setting up a bank account. We need money to print petitions, send mailings, gas for travel, and publicity. We haven’t set up a budget yet, but there are short term and long term goals.

Checks should be made out to “Fair and Secure MA” and mailed to Fair and Secure MA, P.O. Box 116, North Andover, MA 01845. If you want to donate online, go to https://secure.winred.com/fair-and-secure-ma/donate-today.

Our committee website to obtain petitions once they are available is www.fairandsecurema.com/.

The full text of the “Act relative to work and family mobility” law is as follows:

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 8 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 275 to 277, inclusive, the words “No license of any type may be issued to any person who does not have lawful presence in the United States.” and inserting in place thereof the following words:- An applicant for a license under this section who does not provide proof of lawful presence, including an applicant who is ineligible for a social security number, shall be eligible for a Massachusetts license to operate a motor vehicle if the applicant meets all other qualifications for licensure and provides satisfactory proof to the registrar of their identity, date of birth and Massachusetts residency. When processing an application for a Massachusetts license pursuant to this section or a learner’s permit pursuant to section 8B, the registrar shall not inquire about or create a record of an applicant’s citizenship or immigration status except as may be required under title 52 of the United States Code or chapter 51 of the General Laws. When processing an application for registration of a motor vehicle, or a renewal thereof, submitted by an applicant who holds a Massachusetts license the registrar shall not inquire about or create a record of an applicant’s citizenship or immigration status.

SECTION 2. Said section 8 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 278 to 279, inclusive, the words “or a Massachusetts license”.

SECTION 3. Said section 8 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “a”, in line 287, the following words:- REAL ID-compliant.

SECTION 4. Said section 8 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “temporary.”, in line 295, the following words:- If, at the expiration of the term of a REAL ID-compliant license, the licensee does not provide proof of lawful presence, the licensee shall remain eligible to apply for a Massachusetts license.

SECTION 5. Said section 8 of said chapter 90, as so appearing, is hereby further amended by adding the following 3 paragraphs:-

If an applicant for a license under this section or an applicant for a learner’s permit under section 8B does not provide proof of lawful presence, the applicant shall submit to the registrar and the registrar shall accept as proof of their identity and date of birth 2 documents. One document shall be: (1) a valid unexpired foreign passport; or (2) a valid unexpired Consular Identification document. The other document shall be: (1) a valid unexpired driver’s license from any United States state or territory; (2) an original or certified copy of a birth certificate; (3) a valid unexpired foreign national identification card; (4) a valid unexpired foreign driver’s license; or (5) a marriage certificate or divorce decree issued by any state or territory of the United States. One document submitted as proof of an applicant’s identity pursuant to this paragraph shall include a photograph and one document submitted as proof of an applicant’s identity pursuant to this paragraph shall include a date of birth. Any documents submitted as proof of an applicant’s identity pursuant to this paragraph that are in any language other than English shall be accompanied by a certified translation translating the document to English.

In addition to the powers and authority conferred upon the registrar pursuant to section 10 with respect to standards of fitness for operation of a motor vehicle, the registrar may conduct a review of any documents issued by another country that are submitted by an applicant for a license under this section or an applicant for a learner’s permit under section 8B who does not provide proof of lawful presence, including those who are ineligible for a social security number, to determine whether reasonable cause exists to exclude the document as proof of identity or date of birth.

Each applicant for a license under this section or learner’s permit under section 8B shall attest, under the pains and penalties of perjury, that their license or right to operate has not been suspended or revoked in another state, country or jurisdiction.

SECTION 6. Section 8B of said chapter 90, as so appearing, is hereby amended by striking out, in lines 42 to 44, inclusive, the words “, except that no permit shall be issued to an applicant for a period of time longer than the registrar determines the applicant is legally authorized to remain in the United States”.

SECTION 7. (a) Notwithstanding any general or special law to the contrary, any information provided by or relating to an applicant for a Massachusetts license under section 8 of chapter 90 of the General Laws or a learner’s permit under section 8B of said chapter 90, including failure to provide proof of lawful presence as defined in section 1 of said chapter 90, including, but not limited to, personally identifying information and communications between the applicant and the registrar of motor vehicles pursuant to said sections 8 or 8B of said chapter 90, shall neither be a public record nor be disclosed by the registrar, except as required by federal law or as authorized by regulations promulgated by the attorney general; provided, however, that information maintained by the motor vehicle insurance merit rating board pursuant to section 57A of chapter 6C of the General Laws may be disseminated for motor vehicle insurance purposes; and provided further, that any information disseminated for motor vehicle insurance purposes shall remain confidential and be used solely for the purpose of motor vehicle insurance.

(b) Notwithstanding any general or special law to the contrary, any information provided by or relating to the holder of a Massachusetts license issued under said section 8 of said chapter 90 or the holder of a learner’s permit issued under said section 8B of said chapter 90, including failure to provide proof of lawful presence as defined in said section 1 of said chapter 90, including, but not limited to, personally identifying information and communications between the holder and the registrar of motor vehicles pursuant to said sections 8 or 8B of said chapter 90, shall neither be a public record nor be disclosed by the registrar, except as required by federal law or as authorized by regulations promulgated by the attorney general; provided, however, that information maintained by the motor vehicle insurance merit rating board pursuant to said section 57A of said chapter 6C may be disseminated for motor vehicle insurance purposes; and provided further, that any information disseminated for motor vehicle insurance purposes shall remain confidential and be used solely for the purpose of motor vehicle insurance.

SECTION 8. Notwithstanding any general or special law to the contrary, the registrar of motor vehicles shall promulgate rules and regulations regarding proof of identity, date of birth and Massachusetts residency applicable to United States citizens and other persons who provide proof of lawful presence as defined in section 1 of chapter 90 of the General Laws who elect to apply for a Massachusetts license pursuant to section 8 of said chapter 90.

SECTION 9. Notwithstanding any general or special law to the contrary, the registrar of motor vehicles, in consultation with the state secretary, shall establish procedures, and may promulgate regulations, to ensure that an applicant for a Massachusetts license pursuant to section 8 of chapter 90 of the General Laws or a learner’s permit pursuant to section 8B of said chapter 90 who does not provide proof of lawful presence as defined in section 1 of said chapter 90 shall not be automatically registered to vote pursuant to the National Voter Registration Act of 1993, as codified in 52 U.S.C. chapter 205, or any general or special law.

SECTION 10. This act shall take effect on July 1, 2023

Noteworthy comments:

1. Nowhere is the word illegal used. Instead these illegal aliens are just people who can “not provide proof of lawful presence.”
2. Information gained by the Registry of Motor Vehicles from these applicants cannot be shared with any law enforcement agencies.
3. Applicants can easily obtain the phony documents required by the registry. Fraudulent Dominican ID documents are already a problem and this law will multiply the problem exponentially.
4. The new law says documents not in English must “be accompanied by a certified translation translating the document to English.” What’s a certified translation? A certified translator? Does the Registrar know the difference between a fake and a real certified translation of documents of an applicant from Botswana? Tibet? Mongolia?
5. The law does not take effect until July 1, 2023. ♦