My Additions/Amendment suggestion/ reasoning to THE REAL ID ACT of 2005 submitted to Chai Feldblum, U.S.Commissioner of the EEOC

by Leland P. Morrill Adopted Native American Citizenship Affected by The REAL ID Act of 2005 on Sunday, April 10, 2011 at 12:29pm

Chai Feldblum and Leland Morrill
at the UCLA School of Law 10th Annual Update Conference:
"!0 Years of Impact: Advancing LGBT Law and Public Policy"
picture taken Saturday April 09,2011- courtesy of Leland P. Morrill
Chai Feldblum website: http://www.eeoc.gov/eeoc/feldblum.cfm

By Leland P. Morrill

My suggested additions/amendments to H. R. 418 ‘‘REAL ID Act of 2005’’.

Link to view full version: http://www.gpo.gov/fdsys/pkg/BILLS-109hr418rfs/pdf/BILLS-109hr418rfs.pdf

Page 3

1 ‘‘(i) IN GENERAL.—The burden of 

2 proof is on the applicant to establish that 

3 the applicant is a refugee, within the 

4 meaning of section 101(a)(42)(A). To es-

5 tablish that the applicant is a refugee with-

6 in the meaning of such section, the appli-

7 cant must establish that race, religion, na-

8 tionality, membership in a particular social 

9 group ADD ",NATIVE AMERICAN NATION", or political opinion was or will be a 

10 central reason for persecuting the appli-

11 cant

REASON for the the add "NATIVE AMERICAN NATION": To include Native Americans who may have been separated from their nations through adoption, who do not have proper documentation such as a birth certificate (Native Nation or State issued, Certificate of Indian Blood, or Native American Census Number to direct them through each State Department of Public Safety/Department of Motor Vehicles to their respective Nation Vital Statistics for assistance. 

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1 each such statement, the consistency of such 

2 statements with other evidence of record (in-

3 cluding the reports of the Department of State 

4 on country conditions), ADD "NATIVE NATION ADOPTION FINAL JUDGEMENT OF ADOPTIONS" and any 

  inaccuracies or 

5 falsehoods in such statements, without regard 

6 to whether an inconsistency, inaccuracy, or 

7 falsehood goes to the heart of the applicant’s 

8 claim. There is no presumption of credibility.’’. 

REASON for add "NATIVE NATION ADOPTION FINAL JUDGEMENT OF ADOPTIONS" : Some Native American adoption decrees did not supply birth parent names, birth dates, birthplace or Native American Census Numbers or Certificate of Indian Blood numbers. These Adoption Decrees need to be considered and accepted giving the applicant or witness time to have a Native American Nation or Tribal Court Judge correct change amend this supporting document and to give the applicant or witness the necessary time to have their respective Native Nation or Tribal Vital Statistics office supply them with membership into the Native American Nation or Tribe, and supply a "delayed" birth certificate or birth affidavit and/or Certificate of Indian Blood or Census Number to supply a United State Immigration Judge supporting documents.

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 TITLE II—IMPROVED SECURITY FOR DRIVERS’ LICENSES AND PERSONAL IDENTIFICATION CARDS

13 (B) EVIDENCE OF LAWFUL STATUS.—A 

14 State shall require, before issuing a driver’s li-

15 cense or identification card to a person, valid 

16 documentary evidence that the person—

17 (i) is a citizen of the United States; 

ADD: Is a member of a Native American Nation or Tribe

18 (ii) is an alien lawfully admitted for 

19 permanent or temporary residence in the 

20 United States; 

REASON for add "Is a member of a Native American Nation or Tribe":  To make sure each State Department of Public Works/Department of Motor Vehicles understands that there are Nations within the United States boarders who have their own members and documentation. Final Judgement of Adoptions issuved by Trail Courts of a Tribe or Native Nation should be considered even if a birth date, birth place birth parents, census number, certificate of indian blood have been omitted by the Native Nation/Tribal Trial Court Judge.

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PAGE 46

18 (i) IN GENERAL.—If a person pre-

19 sents evidence under any of clauses (v) 

20 through (ix) of subparagraph (B), the 

21 State may only issue a temporary driver’s 

22 license ADD "plastic card" or temporary identification ADD "plastic" card to 

23 the person. 

24 (ii) EXPIRATION DATE.—A temporary 

25 driver’s license ADD "plastic card" or temporary identification ADD "plastic"

Page 47 HR 418 RFS 

1 card issued pursuant to this subparagraph 

2 shall be valid only during the period of 

3 time of the applicant’s authorized stay in 

4 the United States or, if there is no definite 

5 end to the period of authorized stay, a pe-

6 riod of one year. 

7 (iii) DISPLAY OF EXPIRATION

8 DATE.—A temporary driver’s license  ADD "plastic card" or 

9 temporary identification ADD "plastic" card issued pursu-

10 ant to this subparagraph shall clearly indi-

11 cate that it is temporary and shall state 

12 the date on which it expires. 

13 (iv) RENEWAL.—A temporary driver’s 

14 license INSERT "plastic card" or temporary identification INSERT "plastic" card 

15 issued pursuant to this subparagraph may 

16 be renewed only upon presentation of valid 

17 documentary evidence that the status by 

18 which the applicant qualified for the tem-

19 porary driver’s license ADD "plastic card" or temporary identi-

20 fication ADD "plastic" card has been extended by the Sec-

21 retary of Homeland Security.

REASON: The reason for insert of "plastic card" and "plastic":  Some States, such as Utah, are issuing paper temporary Identification and paper Driver Licenses...these are not cards. Paper can be easily destroyed by getting wet, torn, or folded so much inside a wallet to make it unreadable.  A temporary State issued Identification, temporary State issued Drivers License must be a plastic card.

Part of the reasoning is because some applicants/witnesses who previously had State issued Identification and/or Drivers License cards are using the "paper" printouts issued by States (such as Utah) as identification required for financial institutions, employers, , accessing social services, public assistance, etc. Questions arise because of the paper printouts. Paper printouts may be deemed as unacceptable forms of identifying the applicant/witness or individual by the trier at their own discression. In these cases the denial of use of a State Issued paper printout does a dis-service and denies rights to the applicant/witness/individual creating a new subclass.

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7 (B) The State shall not accept any foreign 

8 document, other than an official passport, ADD "or Native American Nation/Tribal document(s)" to 

9 satisfy a requirement of paragraph (1) or (2)

REASON for the ADD "or Native American Nation/Tribal document(s)": Some Native Americans were adopted out of their tribes to non tribe members and were adopted out with the only link to their birth being their Native American Nation/Tribe issued Final Judgement of Adoption. In some cases the Final Judgement of Adoption does not include birth date, birth place birth parents, census number, or certificate of indian blood. These have been omitted by the Native Nation/Tribal Trial Court Judge and need ample time for correction by the respective Native Nation/Tribe Trial Court or Native Nation/Tribal Vital Statistics Office.

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OF SPECIAL NOTE:

a State issued (DMV) paper printout (such as what the UTAH DMV ususes) of a drivers license or identification card does not satisfy the following requirement as defined on page 48-49:

Page 48

22 (d) OTHER REQUIREMENTS.—To meet the require-

23 ments of this section, a State shall adopt the following 

24 practices in the issuance of drivers’ licenses and identifica-

25 tion cards: 

Page 49

9(9) Establish fraudulent document recognition 

10 training programs for appropriate employees en-

11 gaged in the issuance of drivers’ licenses and identi-

12 fication cards