Florida loophole lets illegal immigrants register cars without a driver's license

PENSACOLA, Fla. (WEAR) — A loophole in Florida state law is opening doors for illegal immigrants to obtain a Florida license plate without a driver's license.

The issue is causing an uptick in arrests by law enforcement, according to state lawmakers.

Rep. Alex Andrade says the issue is being examined by Florida's top legislators all the way down to tax collectors.

"This is not some blow the roof off secret conspiracy," Rep. Andrade said. "It's a dynamic where we have bureaucracy's at both levels who've allowed this situation to occur."

While it's common for most people to obtain a driver's license before registering a car, it's not impossible to get a license plate without a driver's license in Florida.

Rep. Andrade says it's happening right here in our area -- most noticeably with illegal immigrants.

"I've checked with both sheriff departments in my district of Santa Rosa and Escambia," he said. "and they both say they've seen an uptick of illegal immigrants with cars registered in their name and getting pulled over and arrested for driving without a license."

"The reason for this uptick is by rule here in Florida," he added. "Our tax collector who issues a license plate tag and title are required by rule to accept a passport as a valid form of identification for issuing tag and title. What that means is they can't check for citizenship or whether someone has a driver's license. So as long as they have a passport, they can get their tag and title."

Andrade says tax collectors are reporting an influx of illegal immigrants obtaining passports at Mexican consulates in Orlando and Miami. The issue has reportedly prompted top lawmakers in the state to seek answers.

"What Senator [Rick] Scott and Congressman [Matt] Gaetz have committed to try and determine is if there is an uptick at the Mexican consulates at Orlando and Miami," he said. "If something along those lines is occurring, what the federal government is doing to address it."

"We're creating a situation where these folks are incentivized to be driving on the roads without a license," he added. "The second they're pulled over by law enforcement they will be prosecuted."

It's not against the law for illegal immigrants to own property, including vehicles in the U.S.

However, Andrade says this loophole allows someone to bypass normal requirements, appearing to be legitimate.

"When you issue that license plate, you make it look like it's someone whose checked all the boxes, including having a driver's license and being in the country legally," he said. "And unfortunately right now that's not the case."

"I don't see a problem issuing title," he added. "However I think the governor's office needs to engage on this and stop issuing license plates until someone has proven citizenship."

"We are doing a disservice to anyone who thinks they don't need a license when we give them a license plate and say go on our road," he added.

Santa Rosa County Sheriff Bob Johnson released a statement Monday afternoon saying, “It is concerning to me as a Florida citizen that when I go to get my tag, I have to show a valid Florida driver's license and proof of insurance. But if I'm not a U.S. citizen, all I have to do is show a passport and they get a tag issued."

Rep. Gaetz's office provided WEAR News this statement:

“Rep. Gaetz is aware of the reported rise of illegal aliens driving without a license in Florida, and the very serious implications regarding the methods in which they are acquiring car registration. We are looking into the reports thoroughly, and take this subject very seriously.”

WEAR News reached out to the Escambia County Tax Collector as well. We're waiting to hear back.

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