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• Conservation
• Smart Growth
• Social
Justice
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Social Justice
Immigrant Victims of Drivers License Scam
False Database Entries
for Latino Victims
In 2004, Public Counsel was contacted by a bilingual police
officer to investigate the horrific, albeit unintended,
consequences to 166 innocent victims of a 2002 Colorado Department
of Motor Vehicles scam. Following its investigation and prior
to engaging a contract attorney, Public Counsel has requested
assistance from the Colorado Attorney Generals Office. That
request is still pending and seeks to delete inaccurate and
injurious misinformation entered in the statewide criminal
information database on these immigrant victims of fraudulently
issued Colorado drivers licenses.
In
2002, the perpetrator of the scam -- a Motor Vehicles employee
in the Glenwood Springs Mall -- was convicted of bribery as
well as computer crime and sentenced to state prison for her
role in selling otherwise validly issued drivers licenses
for $1,000 cash. Her two co-conspirators worked as “third-party
testers”, approaching Latinos in the Mall parking lot. They were
convicted of criminal solicitation and also sentenced to state prison.
But when
these 166 invididuals had their Colorado drivers licenses cancelled,
a much more invidious consequence occurred. The computer entry “furnished
false information” was placed in their individual data bank
files, even though they had furnished valid passports, birth certificates,
or other identification documents when they applied for licenses
in their true name and with their true address and date of birth.
So each
of the recipients of these licenses lost not only their money --
and paying cash to get government officials to do their
jobs was a familiar requirement in their countries of origin.
Unbeknownst to them, each was also labeled a criminal
in the statewide data base, for having attempted to procure
the license by providing false identification documents. It
is this inaccurate data bank entry of fraudulent activity which
is causing continuing harm, even though there is no factual
basis that any false information was ever furnished. Examples
of harm include:
- Continued
ineligibility for a Colorado drivers license, even after
their immigration status had been adjusted making them
eligible to apply in Colorado;
- Continued ineligibility for a drivers license
in other states (e.g., Utah);
- Excessive charging and punishment when
a routine traffic stop results in the discovery that their
license has been revoked, i.e., driving under revocation
is a far more serious offense than driving without a license;
and
- Continuing adverse consequences on applications for
adjustment in their immigration status, despite eligibility
for green cards, visas or other documents.
If voluntary correction of these false computers
entries cannot be secured from State officials, Public Counsel
will contract with an attorney to represent this group of immigrant
victims.
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