A bill banning illegal immigrants from driving in Wyoming is now law.
Gov. Mark Gordon let the bill pass Friday without his signature, while also saying he has grave concerns that Wyoming’s sweeping rejection of driver’s licenses issued by other states to illegal immigrants could cause unintended consequences.
In a letter he attached to House Enrolled Act 33, Gordon says the law could put Wyoming in jeopardy of violating the Non-Resident Violators Compact, of which it has been a member since 1987.
The compact exists to share driver data between states and reciprocally recognize out-of-state driver’s licenses. It also allows law enforcement to enforce violations that happen elsewhere in a driver’s home state.
“This law could impact Wyoming’s ability to work with other states in this fashion,” Gordon wrote in his letter on the bill. “I am hopeful this legislation will not risk our membership due to invalidating another state’s credentials.
State Sen. Ed Cooper, R-Ten Sleep, voted against the bill and said Gordon makes a good point.
“If law enforcement has an issue with somebody from out-of-state and they’re trying to see who the person is, without the compact, they may or may not be able to get it,” Cooper said.
According to the National Center for Interstate Compacts, the non-resident compact assures nonresident motorists receiving citations for minor traffic violations in another state receive the same treatment that would be accorded to resident motorists.
For example, if an out-of-state driver is issued a citation in Wyoming, the officer can let them go without requiring them to post bond. If the driver fails to comply with the conditions of their ticket, the driver’s licensing state can suspend their driving privileges until they comply with Wyoming law.
Without the compact, a driver could theoretically lose their license in Wyoming and then have nothing on their record from stopping them from getting a driver’s license in another state soon after, or vice-versa.
An overwhelming majority of the Legislature doesn’t have Gordon’s concerns, voting 52-6 in the House and 22-8 in the Senate to put the bill on the governor’s desk.
Unvalidated Concerns
Rep. Pepper Ottman, R-Riverton, said the compact is merely there as a data-sharing resource, not as an avenue to block or create state laws.
“I felt the bill worked with the compact to enable our law enforcement people to do a better job and do it quicker,” she said.
Ottman also pointed out that Wyoming is in 44 compacts, and she questions why Wyoming would join any compact that infringes on its state sovereignty.
Ottman also said concerns that it could prevent people who have a work visa or other legal status in America from driving in Wyoming are false.
She claims there is a sizable undocumented population in Dubois that “no one can question” under current law. Now, she believes her local law enforcement will be allowed to question their citizenship status more easily as long as they have a legitimate reason to perform a traffic stop.
“It’s safety nets for everybody,” Ottman said.
She also has concerns that undocumented people driving illegally in Wyoming may not be familiar with the winter weather and could get themselves in a situation that risks their personal health.
Or Are They Valid Concerns?
Cooper said he shares the same concerns as Gordon, although it’s still undetermined whether those concerns are valid.
“It could be questionable where we are with that,” Cooper said. “My only concern is the driver’s license compact.”
Cooper clarified that he doesn’t oppose the purpose of the bill and his previous worry that it could hurt Wyoming’s workforce have since been alleviated.
Nineteen states and the District of Columbia have enacted laws to allow unauthorized immigrants to get driver’s licenses. There is no evidence that any state issues commercial driver’s license (CDL) to people illegally residing in America, but the immigration law firm Landerholm Immigration reported in 2018 that non-citizens legally living in the U.S. can get one.
Gordon similarly expressed concern that passing the law could put Wyoming at risk of losing this driver’s licensing and identity verification resource because it will no longer allow driver’s licenses issued to illegal immigrants from other states as an acceptable form of identification. Wyoming already doesn’t issue licenses and IDs to illegal immigrants.
ICE Concerns Too
HEA 33 carries a misdemeanor charge of up to six months in jail and up to $750 in fines.
Gordon worries that HEA 33 puts Wyoming law enforcement in a position where it has to act out the duties of U.S. Immigration and Customs Enforcement (ICE) staff.
Ottman said this shouldn’t be a concern as Wyoming law enforcement can simply refer someone to ICE rather than perform any of their duties. Still, Gordon also mentioned how it can sometimes take days for ICE to respond to local law enforcement.
“My hope is that Wyoming’s law enforcement resources are used to assist in illegal presence operations but not take lead in determining one’s status through credentials both issued dictated by other state’s laws,” Gordon wrote.
Immigration is one of Gordon’s most conservative platform planks, consistently taking a hard stance on the issue. For instance, in 2021, Gordon said he had “no interest" in accepting refugees from Afghanistan after the Taliban overthrew the government.
HEA 33 will go into effect July 1. It’s the first bill Ottman, a member of the Legislature since 2021, has had pass into law.
“It feels wonderful,” she said.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
