An Overview: The Work and Family Mobility Act

Starting at 11:00 AM today, the Massachusetts State Senate will be debating an important bill for thousands in the Commonwealth, the Work and Family Mobility Act, SB2851. The bill, previously passed in the House (as HB4470) will allow for undocumented immigrants living in Massachusetts with a Real ID (valid or expired) to apply for a driver’s license in Massachusetts. While the license would still differ from a typical driver’s license and primarily provide certain protections for undocumented immigrants in the state, the legislation is a hot button issue. Many Democrats favor the bill’s passage, while many Republicans in Massachusetts are vehemently opposed. Our legislative data helps detail the journey of the Work and Family Mobility Act to this point, and forecasts how it could change through today’s Senate debate.

The Work and Family Mobility Act was originally filed in the 2019-2020 legislative session in Massachusetts by Sen. Brendan Crighton and Rep. Tricia Farley-Bouvier as SB2061 and HB3012. However, the concept of allowing undocumented immigrants driver’s licenses is far from new, as similar legislation dates back to as early as 1993, and 17 other states have some aspect of this law in place (as of 2020). With this said, the enactment of SB2851 still faces opposition in large part due to Republican concerns over how it may impact voter registration, which was also voiced during last session. On September 4th, 2019, before the Joint Committee on Transportation in a packed Gardner Auditorium at the State House, a number of fervent remarks were made on SB2061/HB3012. Aside from the graphic above, here are a few other quotes that were actually said in the same hearing:

Bristol County Sheriff Thomas Hodgson: “The term immigrant is used in these bills, but this legislation involves illegal immigrants… Also, why are we rewarding people that came here illegally?”

Roxana Rivera, Vice President of 32BJSEIU: “The people affected by this bill are our friends, co-workers, neighbors, and family. They pay their taxes and bring benefits to Massachusetts, so we should support them by having now be the time to make history in the Commonwealth.”

Adam, 12 year-old son of undocumented immigrant: “Two years ago, my mother dropped me off at school but was pulled over by a police officer. Every time I hear a police siren, I get goosebumps in fear. My mom continues to drive, but we need to take a less busy way to school so she cannot be pulled over and risk being separated from our family.”

And the peak of the hearing’s tension was this interaction between Rep. David DeCoste and Brian Doherty, Secretary Treasurer of the Building and Construction Trades Council of the Boston Metropolitan District: 

Rep. DeCoste: “Did I understand you saying that illegal immigrants are part of your union in state?”

Doherty: “No, you did not. Just to be clear, my answer to you is that there are thousands of workers in our union, and our goal is that them and their neighbors can receive identification documentation regardless of their immigration status. As an organization, we strive to provide every worker in our community with the dignity and respect they deserve.”

DeCoste: “So the answer is yes, you do have illegal immigrants working for you?”

Doherty: “Sir, I do not know how much more I can reiterate this. The role of organized labor is to make sure that every person gets the same treatment and benefits regardless of immigration status.”

DeCoste: “I am also asking this to make sure you are not breaking the law by giving the same employment benefits or social services to illegal immigrants.”

Doherty: “Sir, I do not know how much more I can say this but our organization strives to make sure that every worker receives the dignity and respect they deserve. That is all.”

DeCoste: “You did not provide me an answer to the question I asked, but for the sake of time, I will end my questioning.”

Needless to say, the first version of the Work and Family Mobility Act brought about intense emotions, which resulted in the bill never reaching the House or Senate floor, due to being held in the Joint Committee on Ways and Means. This session's bill, again filed by Crighton and Farley-Bouvier, has been more successful, in part due to technical changes to the legislation. The June 23rd, 2021 hearing on the bill also showed greater support, with a greater number of legislative co-sponsors and state advocates voicing the importance of undocumented immigrants throughout the COVID-19 pandemic. The President of Mass. AFL-CIO, Steven Tolman, testified on the bill:

“Undocumented workers are essential workers. They are card-carrying union workers. They are our sisters and brothers in the labor movement. These immigrants exposed themselves and their families daily while so many of us were quarantined. We should not turn our backs on these workers.”

Today, SB2851 will likely undergo further revisions, as 25 amendments have been proposed, 16 of which were filed by Republican Senators Bruce Tarr and Ryan Fattman. Tarr, the Senate minority party leader, has filed a number of amendments that will make the process of obtaining a driver’s license more cumbersome for undocumented immigrants. This includes requiring more forms of documentation and proof of tax payment for at least 2 years, and adding specified fines for operating a vehicle as an undocumented immigrant without a license. It is unlikely in a Democrat-dominated Senate that these will pass, but other roadblocks lay ahead for the Work and Family Mobility Act.

Current Massachusetts Governor Charlie Baker (R) has stated his concern about how he believes the bill might complicate the voter registration process for town clerk offices in the state. Taking this into consideration, even if moved through the legislature, SB2851 might meet its end at the governor’s desk this session. If this is to occur, this will put added emphasis on the 2022 gubernatorial election, as the legislature will likely make this act a key effort to enact in 2023-24. Lead Republican candidate and former state representative Geoff Diehl already made it clear where he stands on the issue, stating earlier this week: “There's a way to come to the country legally and it is through the naturalization process, and becoming a citizen should be the way that you are rewarded with all the services that you can get, including a driver's license.” While both lead Democrat Party candidates, Attorney General Maura Healey and Sen. Sonia Chang-Diaz are advocates for the bill’s passage, today’s formal debate could prove an important moment for Chang-Diaz to show how important this will be for her agenda. 

Want to see her or other past remarks on the Work and Family Mobility Act? InstaTrac can help! Our transcription service, amendment tracking, and bill comparison tools can keep you up to date on all that is happening with this issue, or any other of interest! For more information or to see a demo of our services, please reach out to info@instatrac.com.