H4805 makes applicants without “proof of lawful presence” eligible for a Massachusetts driver’s license and requires that motor vehicle registrars “shall not inquire about or create a record of an applicant’s citizenship or immigration status.”
The House passed (over veto) H4805 on June 8, 2022, by a vote of 119 to 36. We have assigned pluses to the nays because persons unlawfully present in the United States ought not to be permitted sanctuary or residency in Massachusetts, let alone be considered eligible for a state-issued form of identification or licensure. According to Article 1, Section 8, of the U.S. Constitution, Congress has the authority to establish a uniform rule of naturalization. Rather than pursue unconstitutional “sanctuary policy,” states should use their powers reserved under the 10th Amendment to address the crisis of illegal immigration and provide for their own public safety.