Immigration Article of the Day: Challenging the Criminalization of Undocumented Drivers Through a Health-Justice Framework by Jason Cade

Challenging the Criminalization of Undocumented Drivers Through a Health-Justice Framework by Jason Cade, 41 Wisconsin International Law Journal 325 (2024)

Abstract

States increasingly use driver’s license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend—state schemes that prohibit noncitizen residents from accessing driver’s licenses and then impose criminal sanctions for driving without authorization. Status-based no-license laws not only facilitate legally questionable enforcement of local immigration priorities but also impose structural inequities with long-term health consequences for immigrants and their family members, including US citizen children. Safe, reliable transportation is a significant social determinant of health for individuals, families, and communities. Applying a health justice lens to the weaponization of no-license laws against noncitizens will both catalyze new legal challenges and create momentum for coalition building and policy reforms.

KJ