Impact of New Immigration Law on Oklahoma Vital Records Kelly Baker Oklahoma State Department of Health June 3, 2008

Impact of New Immigration Law on Oklahoma Vital Records

Kelly BakerOklahoma State Department of Health

June 3, 2008

2008 NAPHSIS Annual MeetingCelebrating 75 Years of ExcellenceOrlando, FL June 1st – 5th, 2008

Shared Experience Other states looking at passing similar

laws 21 “high level” activity states (includes OK)

21+ pieces of legislation 9 states are Medium (11-20 bills) Nationally:Immigration bills filed by states

2005 – 300 2007 – 1,500 2008 – 1,100 (as of April 25)

Tulsa World: National Conference of State Legislatures


HB1804 Effective Nov 1, 2007 Proof of Citizenship Impacts

Expired Driver’s license Public employment Public Benefits

• Housing• Medicaid


HB1804 A. The following entities may create, publish or otherwise

manufacture an identification document, identification card, or identification certificate and may possess an engraved plate or other such device for the printing of such identification; provided, the name of the issuing entity shall be clearly printed upon the face of the identification:

3. Federal, state and local government agencies for purposes authorized or required by law or any legitimate purpose consistent with the duties of such an agency, including, but not limited to, voter identification cards, driver licenses, non-driver identification cards, passports, birth certificates and social security cards;


HB1804 Challenges for VR Issuance

Increased In-person Traffic

Valid ID


Challenge 1: Issuance


Applicant HB1804 requires BC “applicant”

must be US citizen or legal resident

B. All identification documents as provided for in paragraph 3 or 4 of subsection A of this section shall be issued only to United States citizens, nationals and legal permanent resident aliens.

HB1804


Who is the Applicant? Historically, “Applicant” is the person

applying for the record

Introduces illegal discrimination Children born here are automatically citizens Parents do not have legal resident status Children need BC for school, benefits, etc.


14th Amendment US Constitution

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States “


Oklahoma Solution New definition: “Applicant”

Living subject of Birth Certificate Guaranteed to be Citizen USUALLY record requested for the

benefit of the subject of the record New definition: “Requestor”

Person “requesting” record No citizenship requirement


Modified Definition: BC BC: Identification Document

Birth Certificate of a living person BC: Historical Document

Birth Certificate of a deceased person BC: Original Document

Original records submitted to VR for permanent filing


Modified Definition: BC Necessary to narrow broad references to

Birth Certificates in existing state law Reflect intent of the new law

Identification of living persons Deceased can’t apply and won’t

personally benefit Eliminates need for proof of citizenship by

family, genealogists Legal and historic purposes


Political approval Bd of Health pass regulations OK Legislature not reject

HB1804 Author comments “His idea to deal with babies born to illegal

immigrants would be for Oklahoma to refuse to issue a birth certificate, he said. Instead, the state would send an acknowledgement of birth to the US embassy or consulate of the parents' nation of origin requesting a birth certificate.”

The Oklahoman


Challenge 2: Increased Traffic


Background- Oklahoma Primary office in OKC

1 Satellite - Tulsa Front Desk

60% OKC 40% Tulsa

Mail (OKC) 3-4 weeks response


0

50

100

150

200

250

300

350

400

450

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

OKC-07 OKC-08

*Nov 1, 2007: HB1804 effectiveChange in avg number customers per day from previous yrPost HB1804

53%

49%

32%

43% 27%31%

Average Number Per Day: OKC Front Desk Customers

Nov 1, 07HB1804


Customer vs People “Customer”

Single interaction• May have multiple applications• Summer avg: 3-4 people per customer

“People” Includes everyone who come to VR

• Children, extra family members, etc.


Increased Customers November

2006: 218 2007: 331 Increase 53% 3 days of 400+ customers

Fall is normal catch up time from summer


Increased Customers January

2007: 248 / day 2008: 380 / day Increase 49% High of 475 Note: 432 high summer rush

Feb avg’d 398 / day High 517


Projected Average Number Per Day: OKC Front Desk Customers

0

50

100

150

200

250

300

350

400

450

500

550

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

OKC-07 OKC-08

343

331

*Nov 1, 2007: HB1804 effective

Change in monthly avg # of OKC Front Desk Customers from previous yrPost HB1840 Projected 50% Increase


Summer Projections Avg number of customers > 500

Avg people waiting in lobby: 2,000

High days 650-700 customers Avg people in lobby/day: 2,800 Avg people in lobby anytime: 600


VR Crowd Challenges VR Window Bottleneck

Review, Cashier, Search and Issuance Not enough windows

Split into 3 stations1. VR Information Desk: Review applications,

review/copy ID, answer basic questions2. Cashier (Acctg Services)3. Issuance (VR)


Resulting Impact Wait time on busy day

Dropped from 2½ hrs to 45 minutes

Physically spread out process Information desk in OSDH atrium Cashiers in OSDH inner lobby VR issuance in VR lobby


VR Crowd Challenges Redesigned Applications

Clarified requirements • color and emphasis added

User-friendly Added FAQs to back Phone number

Results Fewer incomplete applications Reduced time

• Face-time with Public• Fewer letters sent for more info, correct fees


VR Crowd Challenges Amendment Clerks

Set up primary contacts• Must be available or find available clerk

Walkie-talkies – portability

Results No more FDesk staff running around to find

available clerk Front desk staff able to stay in chairs

• More customers served


VR Crowd Challenges Lobby

Increased seating from 50-100 Purchased 2 Big Screen TVs

Results Civility among customers who were

previously standing or sitting on floor


2-Day Mail Option Wait times 2+ hours After pay for certificates

• Drop off application and copy receipt• VR get response in mail within 2 business days.• OSDH Employees drop off applications before 10:00

& pick up same day after 3:00

Results Reduced number of customers waiting in lobby

VR Crowd Challenges


VR Crowd Challenges Staffing

Robbing Peter (back office) to pay Paul (front) Hired 7 Temporary staff

• Info desk, Front Desk, Amendments, Mail

Results Keeping wait times down Nearly caught up to current


OSDH Crowd Challenges Parking Bathrooms Security Air Conditioning Trash Food/water Breast-feeding facilities


Challenge 3: Valid IDs


Vicious Circle HB1804 prevents renewal of expired DLs

without proof of citizenship

OK VR Law requires “legal, valid photo ID” to obtain certified record Vouching option

• 2nd party with legal, valid photo ID• Sign statement under penalty of perjury• Only option for undocumented parents


Change to DMV practices DMV recently stopped sending notices of

pending expiration More expired DLs than in the past Previously no penalty for expired

OKDPS Estimates 195,000 Oklahomans with Expired DLs


What is “Valid”? Presumption: Valid = Current

Problem for expired DLs Few people have another legal photo ID

Per DPS commissioner Expiration date only relative to driving

privileges Not relative to identity


Temporary Solution Accept DL expired 2 months or less

Accept any DL with new security features Use Black light to validate


Irony BC initiates all other IDs

Expired DL only replaced if have BC

Expected to issue BC without current ID


Fraudulent IDs Increased

Primarily (not exclusively) Hispanic Flea Market versions Some extremely good, but not real

Reviewing list of acceptable IDs Taking Consular Matricula cards Attempt to verify with Mexican Consulate Waiting for Security Cmte recommendations


Is the increased number of BC requests REALLY due to HB1804?

Question:


Reasons for BC Requests

289

140119 124

87

5269

45 4315 4

85

0

50

100

150

200

250

300

350

Dri

vers

Lic

en

se

Passp

ort

Pers

on

al F

iles

Sta

te B

en

efi

ts

Sch

oo

l

ID

So

cS

ec

Oth

er

Wo

rk

Tri

bal

Cit

izen

sh

ip

Un

kn

ow

n

3 day sample

HB1804 Fed ID law Background Mixed


Reason for Requesting BC 25%-Expired DL 40%-Exp’d DL, State Benefits, Citizenship 50%-Exp’d DL, State Benefits, Citizenship,

Work or ID

Avg customers/day ~ 39% increase (since November 1)


What can VR offices do when similar laws are introduced or passed?

Question:


VR Considerations Review requirements for proof of citizenship

related to issuance of birth certificate? If so, develop plan to address this without

discriminating

Review existing VR laws/regulations regarding definitions (BC, Applicant)

Review requirements for valid IDs Expired driver’s licenses acceptable Develop list of acceptable IDs


VR Considerations Review staffing pattern

Staffing Level adequate? State’s with multiple offices may see less impact

(Dispersion)


“Son of 1804” Official State Language

14th Amendment debate

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.


Contact Information

Kelly Baker, MPHCenter for Health Statistics Director

and State RegistrarOklahoma State Department of Health1000 NE Tenth Street, Room 114Oklahoma City, OK 73117(405) [email protected]

Documents

Impact of New Immigration Law on Oklahoma Vital Records Kelly Baker Oklahoma State Department of Health June 3, 2008