After a long legal battle, the Georgia Department of Driver Services (DDS) will enact reforms allowing Puerto Ricans to obtain driver licenses without facing discrimination. The reforms settle a federal lawsuit filed by Kenneth Cabán Gonzalez, who sued the department in July 2019 after experiencing discrimination and being falsely accused of fraud. The changes went into effect Monday, Feb, 10.
In the lawsuit, Cabán Gonzalez alleged that the DDS discriminated against Puerto Ricans by requiring them to answer questions about the island that were unrelated to driving. While other U.S. citizens were not required to take such tests, those transferring their Puerto Rican licenses into Georgia were. His victory results in Georgia no longer administering what they called the "Puerto Rico Interview Guide” or requiring applicants from other U.S. territories to fulfill requirements that mainland-born citizens do not face.
The Georgia DDS confirmed the changes in policy in a statement Monday. “The top priority at DDS is to provide efficient customer service while following all Georgia and federal rules and requirements,” DDS Commissioner Spencer R. Moore said. “We welcome instances like this where opportunities for improvement can be made after additional assessment of existing law.” The reformed procedures apply to applicants not only from Puerto Rico but other U.S. territories including Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands. According to the Atlanta Journal-Constitution, out-of-state applicants 18 and older will not be required to take driving or written tests as long as they have a current driver’s license or one that expired less than two years ago. Other state residency and transferring requirements for out-of-state licenses will remain.
"The reforms being enacted will finally afford Puerto Ricans the same privileges as other U.S. Citizens in Georgia: the ability to obtain a driver's license, to drive to work, vote, and carry out countless other necessary tasks, while also ensuring their constitutional rights are no longer being violated," the LatinoJustice Puerto Rican Legal Defense and Education Fund (PRLDEF) said in a press release. Cabán Gonzalez received his driver’s license Monday, two-and-a-half years after his first attempt. When he first applied for a Georgia license in 2017, officials accused him of submitting fraudulent documents and confiscated his identification, including his original driver’s license, social security card, and birth certificate, NBC News reported. Cabán Gonzalez was then arrested and charged with fraud and forgery felonies. Those charges were later dropped upon the authentication of his birth certificate. While the charges were eventually dismissed,, Cabán Gonzalez struggled to find work while he waited for his license.
Following an investigation into Cabán Gonzalez’s case and how the DDS handles documents from Puerto Ricans, the Georgia Bureau of Investigation released a report which found that DDS employees mishandled driver's license applications and failed to follow protocol. As a result of the investigation, a senior manager was fired while another was demoted to a non-law enforcement role, DDS said in a statement to CNN.
According to the Atlanta Journal-Constitution, Georgia went to “unusual lengths to combat fraud, compared with other states.” The state’s DDS required many Puerto Rican applicants to take a quiz testing applicant’s knowledge of island geography, politics, and culture to confirm they were from the U.S. territory. However, the Atlanta Journal-Constitution found that many of the quiz answers were incorrect. Cabán Gonzalez did not take the quiz but knew people who had, NBC News reported. “Just because we don’t speak English doesn’t mean we have any less right to express ourselves or be heard,” Cabán Gonzalez said.“It doesn’t mean that makes us any less of an American or U.S. citizen than anyone else.”
Kira Romero-Craft, an attorney with LatinoJustice PRLDF, said this victory will allow Puerto Ricans to not only feel empowered but feel they are a part of the community. The experience Cabán Gonzalez had “was definitely something that inspired fear, trepidation,” Romero-Craft told the Atlanta Journal-Constitution. The new procedures will benefit thousands, especially those previously terrified to even visit the DDS. While these procedures will eliminate unlawful testing, the DDS will still screen birth certificates for fraud, she added.