DL Bill – House Committee on Public Safety
March 13, 2009 by Thomas Esparza
Filed under Attorneys
Statement of Background and Purpose for House Committee on Public Safety Hearing 03-16-09
Background and Purpose of HB 1278 (81R-McClendon)
The Texas Sunset Advisory Commission’s review has indicated deficiencies in the administrative
operations of the Texas Public Safety Commission driver license bureau, and has made the
recommendation that the driver license functions administered by the Department of Public
Safety (DPS) be conducted as a business model, rather than entangling the driver license
procedures with law enforcement procedures. An independent study prepared in 2008 by
Deloitte Consulting LLP reached the same conclusion. According to the Sunset evaluation
reports, DPS presently has only 1,600 FTE’s who administer 256 driver license offices, and of
those only 220 are peace officers. These employees are charged with the responsibility of
managing over 16,000,000 drivers and handling over 6,000,000 driver license transactions
annually. Presently, Sec. 521.142 of the Transportation Code states that an applicant must state
whether they are or are not a citizen; however, the law does not require an applicant to establish
proof of citizenship in order to obtain a driver license. All drivers in Texas should be required to
establish who they are and where they currently reside, in addition to meeting the skill, vision,
fee and financial responsibility requirements for obtaining a driver license.
By amending Section 521.142(a) and Section 521.1421 of the Transportation Code, House Bill
1278 would address the Sunset Advisory Commission’s recommendations by requiring the DPS
driver license division to establish the identity and current residence of the applicant seeking a
driver license or a photo identification card. The Bill enumerates three types of documentation
that will satisfy these two requirements, in order to establish identity and current residence:
primary documentation, secondary documentation, or supporting documentation. Primary
documentation is that type which establishes both identity and current residence. Secondary
documentation establishes either identity or current residence, but not both in the same
document. Supporting documentation is similar to secondary documentation, but the reliability
of secondary documentation is stronger than that of the supporting documentation items.
It would be in keeping with the Sunset report recommendations to manage driver license
administration independently of the law enforcement function. Therefore, this Bill would
modify the Transportation Code in regard to provisions concerning DPS rule-making and
administration of the driver license functions of the agency. This approach is also in keeping
with the Sunset recommendations by disengaging the driver license administration from using
driver license and photo identification card applications as a law enforcement tool or as an
immigration law and policy enforcement device. DPS personnel have no statutory authorization
to interpret and apply federal immigration laws and regulations in order to assume this federal
function as part of the state agency’s responsibilities. This change in the law would also further
the interest of all Texas drivers and their passengers, by requiring that all persons who drive on
Texas roadways be duly licensed and made responsible for obtaining liability coverage.
However, as presently applied, agency rules have established administrative procedures which
exclude certain drivers from obtaining a license and accordingly not including them among
those drivers who must provide proof of liability insurance or financial responsibility.
CSHB 1278 differs from HB 1278, in that an offender identification card issued by the Texas
Department of Criminal Justice (TDCJ) was listed in HB1278 under supporting documentation
to obtain a driver license or a photo identification card. CSHB 1278 would place the offender
identification card issued by TDCJ in the secondary documentation category, rather than under
the supporting documentation category. This is because it contains the person’s full name,
photo, and date of birth and is issued by a Texas agency.
Dallas District Office Inquiry Guidelines
March 13, 2009 by Thomas Esparza
Filed under Attorneys
DALLAS DISTRICT OFFICE: AILA/CBO INQUIRY PROCESS
UPDATED: March 2009
OVERVIEW: The purpose of this document is to provide a specific process by which AILA/CBO members may inquire about cases pending with the Dallas Field Office (DFO). The inquiry process is designed to provide clear guidance regarding when an inquiry should be submitted, the required format, and what is appropriate. The inquiry process will outline the type of response the AILA/CBO member can expect and the steps to take when an inquiry has not been answered or resolved.
I. How an initial inquiry should be submitted
A. All AILA/CBO initial inquiries should be submitted via email to:
Dallas-District-Inquiries@dhs.gov
Any inquiry not submitted through this process will not be considered
properly filed with this office and cannot be responded to within the
timeframes outlined in this document.
B. In the subject line, the appropriate alphabetical letter relating to the subject
should be used. For example, for an I-485 change of address, B would be
the appropriate letter to place in the subject line. This allows the DFO to
quickly identify who should be responsible to review and resolve the
inquiry. Titles used other than those outlined in this document will result in
an action of no response to your inquiry and you will be required to
resubmit your inquiry using the proper subject line.
C. You must submit an electronic copy of your G-28 with the inquiry.
D. The following information MUST be in the content of the message:
1. Attorney name, attorney email address, attorney phone and fax number
2. Applicant(s) name
3. A-number of applicant
i. Date of birth
ii. Country of birth
iii. All receipt numbers (TSC, MSC, etc.)
4. Application type
5. Fee receipt date
6. Applicant’s current address
7. Requests or comments should be limited to 5 sentences or less.
Please help us by keeping it short and simple! If you have attachments
to include, please make sure they are in Adobe (PDF) format.
*NOTE:
If the inquiry involves more than one person, include all family members. Do not submit separate inquiries for each family member. This may cause files to be separated.
II. When an inquiry is appropriate
An inquiry is appropriate when an action taken in an applicant’s case is outside DFO communicated processing times. Do not submit an inquiry if the filing date (not last action) on your case is beyond the printed inquiry cut-off date on the monthly progress report provided to your membership. This allows us to stage our work to address older cases first. If you fail to follow the inquiry cut-off dates, you will receive one warning and then you will be advised that your inquiries will not be accepted (with the exception of the emergency line) for a 30 day period. We MUST have your cooperation in this area to ensure that we can be responsive to your membership, as we are receiving more than 200 inquiries per week. This process should also be used by AILA/CBO membership to provide change of address notifications and to request that an initial interview be rescheduled. There are no cut-off restrictions for this line.
III. When an inquiry is not appropriate
The following are instances where the use of the inquiry process is not appropriate:
1) Before 90 days has passed, your client has not received their permanent resident card either after initial approval or the filing of form I-90.
2) N-400 inquiries are not appropriate until the initial interview has been scheduled. Any inquiries on N-400 applications related to receipts, initial fingerprints, or prior to initial scheduling for interview should be directed to the NBC.
3) Your client has not received an employment card within the 90 day timeframe. This service is provided daily, with the exception of Wednesday, on a walk-in basis. Therefore, an inquiry is not warranted. Your client may make an appointment on InfoPass unless it’s an emergency.
4) You want to use the system to verify receipt of a document. Verification of receipt can be obtained through the use of return receipt from the carrier service used.
5) You have an emergency and need to have a travel document issued. That service is provided daily, with the exception of Wednesday, on a walk-in basis. The applicant must appear in person. We may not be able to issue travel documents if the underlying basis for adjustment is pending at another office.
6) You want to know what is in a file. This process is not meant to circumvent FOIA which is now filed at the National Records Center (NRC).
7) To file a motion to re-open. Regardless of whether the fee is required, a request to reopen should be submitted in writing by mail for the record.
To withdraw an application.
9) To withdraw your appearance.
10) To notify us of your appearance.
IV. Inquiry format and what to expect
In order to expeditiously identify and resolve your inquiries, AILA/CBO members are requested to use the specified subject lines below while using the inquiry process. Each subject line is defined so AILA/CBO members know what they should expect in a response from the DFO and any other necessary information. Remember to place only the alphabetical letter in the subject line.
A. N-400/336 Change of address
This subject line should be used to notify the Service of a change of address for the applicant or the attorney. The message should be sent return receipt. No response other than the return receipt will be received by the attorney.
B. I-485/130 Change of address
Same as subject line A
C. I-751 or stand alone I-130 Change of address
Same as subject line A
D. N-400 Request Interview
This subject line should be used if the file has been transferred to the Dallas Field Office and the applicant has not heard anything outside the processing time or has not received an interview notice. An appropriate response would be an appointment or fingerprint notice, or an email/written response from the DFO. You should receive a response within 45 days.
D1.This line should be used to notify the Service when an applicant is unable to appear for an initial interview, the interview was canceled, or the applicant failed part of the interview process. In those instances, a follow up inquiry should not be made until 120 days after the initial interview date. An appropriate response would be an appointment or fingerprint notice, or an email/written response from the DFO. You should receive a response within 5 days.
E. I-485 Request Interview
This subject line should be used when the applicant has been fingerprinted
but has not been scheduled for interview within the published guidelines.
An appropriate response would be an appointment or fingerprint notice, or
an email/written response from the DFO. You should
receive a response within 45 days.
E1.This subject line should be used only when the applicant is unable to appear for an initial interview. The interview was canceled. Or the applicant failed part of the interview process. An appropriate response would be an appointment or fingerprint notice, or an email/written response from the DFO. You should receive a response within 5 days.
*Any cancellation of interview must include specific reasons
relating to the inability to appear. Failure to comply will result in the
denial of the application.
F. I-130 Request Interview
This subject line should be used if the file has been transferred to the Dallas Field Office and the applicants have not been scheduled for interview within the published guidelines. An appropriate response would be an appointment or an email/written response from the DFO. You should receive a response within 45 days.
F1. This subject line should be used when the applicants could not appear for initial interview or the interview was cancelled. In those instances, a follow-up inquiry should not be made until 120 days after the initial interview date. An appropriate response would be an appointment or an email/written response from the DFO. You should receive a response within 5 days.
F2. ICE COUNSEL REFERRAL?
G. Consolidation of Interview
This subject line should be used when you get an interview notice for one family member but not another. If we can accommodate your request, you will receive an email notification to appear. If not, you have the option to postpone the interview until all family members can be scheduled. We cannot guarantee a positive response if the email is sent less than 5 days before the interview.
H. Consolidation of Ceremony
This subject line should be used when you get a notice for a naturalization
ceremony for one family member but not another. If we can accommodate
your request, you will receive an email notification to appear. If not, you
have the option to attend when all family members can be scheduled. We
cannot guarantee a positive response if the email is sent less than 5 days before the interview.
I. N-400/N-14
This subject line should be used when you have responded to an N-14 and have not received a response. You should wait 90 business days from submission of the N-14 before you make an inquiry. An appropriate response would be a notice to appear for ceremony, a request to reconstruct the documents, an intent or denial or an email/written response from the DFO. You should receive a response within 45 days.
J. N-400 Approved but no ceremony
This subject line should be used when the case was approved but has never been scheduled for a ceremony. You should wait 120 days from the interview date or the receipt of the approval notice before you make an inquiry. An appropriate response would be a notice to appear for ceremony, an N-14, intent or denial, or an email/written response from the DFO. You should receive a response within 45 days.
K. I-485/I-130/I-72
This subject line should be used when you have responded to an I-72 and have not received a response. You should wait 90 days from submission of the I-72 before you make an inquiry. An appropriate response would be intent or denial, or an email/written response from the DFO. You should receive a response within 45 days.
L. I-751/I-72
Same as subject line K
M. I-485 Motion to Reopen
This subject line should be used when you have submitted a motion to reopen or an appeal relating to an I-130 or I-485. You should wait 120 days from submission of the motion before you make an inquiry. An appropriate response would be a notice responding to the motion, a fingerprint notice, an interview notice, or an email/written response from the DFO. You should receive a response within 45 days.
This line should not be used to submit the original motion to reopen.
N. N-336 Status
This subject line should be used when you have not received a response from the Service and we have passed the published processing time. An appropriate response would be a notice responding to the motion/appeal, a fingerprint appointment, an interview notice, or an email/written response from the DFO. You should receive a response within 45 days.
O. Diversity Visas
This subject line should be used for diversity visas from July-September 2009. The message should include the applicant’s name, country of birth, home address, e-mail address, telephone number, and visa number and country as issued by the State Department. You should receive a response within 5 days. This is a temporary subject line and will not be valid after September 30.
P. Praise
This subject line should be used when you love the Dallas Field Office and want to compliment our officers or customer service.
Q. TPS
All applications should be mailed into the Chicago lockbox. However, if it is an emergency, send an email under subject line V and it will be reviewed by a supervisor. You should receive a response within 45 days.
R. Adoption
This subject line should be used when you have not received a response from this office within 60 days after this office has received the final home study. An appropriate response would be an approval notice, an intent, an I-72, or an email/written response by the DFO. You should receive a response within 15 days.
S. Receipts
This subject line should be used when you have not received a receipt AND your check has not been cashed. If your check has been cashed, please do not send an inquiry, but rather use the cancelled check as evidence of filing. This applies to Dallas Field Office filed applications only. An appropriate response would be a receipt, or an email/written response by the DFO. You should receive a response within 15 days.
T. I-212
This subject line should be used when adjudication has not been completed within published timeframes. An appropriate response would be an approval or denial, or an email/written response from the DFO. You should receive a response within 45 days.
U. Other
This subject line should be used to make inquiries other than those specifically listed. You should receive a response within 45 days.
V. Emergency
This subject line should be used to notify this office of an emergency. Emergency is defined as the imminent loss of a PERMANENT benefit or situations that must (not preferred) be resolved in a 10 day or less time timeframe. You will receive a response on the same or next working day. Note: Using this subject line for non-emergency issues will not be tolerated in order to ensure our successful response to real emergency situations. Your cooperation is appreciated.
W. AFOD
This subject line may only be used when you have failed to receive a response to an initial inquiry using this process according to the guidelines. You will receive a response within 15 days.
Note: You MUST forward the original email so that your inquiry can be tracked. Additionally, you MUST submit the inquiry to the AFOD line within 60 days of the original inquiry to ensure that the record is maintained. If you do not receive a response within 15 days, resend and your issue will be reviewed by the Director with a response time of 5 days.
X. CIS Legal
This subject line should be used when you need to contact CIS legal counsel regarding potential or ongoing litigation. You will receive a response within 15 days. Please DO NOT provide attachments. In the case of an appeal that is being forwarded to the BIA, the inquiry should be directed to District Counsel.
V. Inquiry process tips
At times we receive inquiries that have the wrong subject line for the inquiry in the message or have something other than the appropriate alphabetical letter in the subject line. Sometimes the wrong A number or applicant name is in the message. Other times the message is missing vital information. You may have received an email back from the Dallas Field Office requesting the resubmission of inquiries using the proper subject line, submitting the correct information or asking for additional information. We cannot stress how important it is that you follow our inquiry guidelines, as we have designated units or officers to answer certain inquiries. Our goal is to offer the best possible customer service but we cannot reach our goal without a little help from you. To assist you, here are some tips that may help when submitting an inquiry:
- Make sure everyone who submits inquiries on behalf of you or your firm, reviews and is familiar with our inquiry process.
- Double check your information and message content before submitting your inquiry. We cannot tell you how many times we have missing, incomplete, or inaccurate information.
- Remember to put only the alphabetical letter in the subject line. Do not put anything else such as keywords, phrases, sentences, or A- numbers. This does not help our process and actually hinders our response time to you since we have to send it back to you for proper resubmission.
- We know you are anxious to provide answers to your clients about their applications and case status and we understand that, but once you submit an inquiry, please wait the allotted time frame that is indicated in our guidelines before inquiring again. Please remember that we receive over 200 inquiries a week.
- The inquiry mailbox is checked everyday. Once you submit an inquiry, please do not resubmit the same inquiry under a different subject line in the same week.
- When we have closed subject lines for a certain period of time, we expect that you will respect our request not to send inquiries for those subject lines. We also expect that you will not try to circumvent the system and submit an inquiry for closed subject lines using a different subject line heading.
- Attorneys must not approach the officers to inquire about cases or to hand deliver items to them in the lobby.
- Please inquire at the appropriate office. We sometimes receive inquiries for files that are not normally filed with the Field Office and have never been transferred out of the Service Center. (Example: refugees, asylees, or employment based cases).
- Please send all inquiries and responses to the Dallas District Inquiries email address. Do not bypass the Dallas District Inquiries mailbox.
