The federal government requires legal immigrants to live and work in the U.S. for five years before qualifying for Medicaid.  Before this month Virginia required 10 years of residency and work in Virginia to qualify for Medicaid. On Thursday, April 1, 2021 a budget amendment that Gov. Ralph Northam and the General Assembly approved last year came into effect overturning the requirement of legal immigrants having to work at least 10 years in the United States before qualifying for health coverage under the state’s Medicaid program. Previously, Virginia followed what is known as the “40-quarter rule,” which doubled the time required under federal law for legal immigrants to qualify for health care benefits.

The state is still unsure as to how many legal residents would qualify under the amended requirement, but according to the Virginia Poverty Law Center an estimate of 28,000 Virginians become legal permanent residents each year.

The Virginia Department of Medical Assistance Services, the agency that operates the state Medicaid program, has begun a public awareness campaign to reach people who could benefit from the change, as well as organizations that represent them, so they can apply for free or low-cost health benefits.

Legal residents who qualify can apply for Medicaid coverage online at commonhelp.virginia.gov. Additionally, legal residents who qualify can also seek free assistance through the CoverVA and Spanish language CubreVirginia websites or inquire by phone through the Enroll Virginia hotline at 1-888-392-5132.

Effective January 1, 2021, undocumented immigrants will be eligible to apply for new driver privilege cards.

Previously, undocumented immigrants in Virginia were unable to apply for Virginia driver’s licenses, because they could not provide proof of legal residency. However, a new law—which takes effect on January 1, 2021—will allow undocumented immigrants who meet certain requirements to apply for a Driver Privilege Card. A driver privilege card provides many of the same benefits as a driver’s license but does not require proof of legal residency status.  

Although the Department of Motor Vehicles (DMV) has not yet released all the details surrounding the application process, the text of the bill explains the requirements for eligibility, and some of the limitations. This article will be updated when the DMV releases more information regarding the application process.  

REQUIREMENTS FOR ELIGIBILITY:

Previously, undocumented immigrants were unable to apply for driving privileges in Virginia. This is because applicants for a driver’s license were required to show proof of legal residency. However, on January 1, 2021, this will no longer be the case. Undocumented immigrants will be able to apply for a special card called a Driver Privilege Card. This is almost identical to a driver’s license and presents many of the same benefits. 

To apply for a driver privilege card, you must meet the following tax and insurance requirements: 

1. Tax Requirements: you must satisfy at least one of the following: 

   1. Have reported income from Virginia sources in the past 12 months, OR 

   2. Be claimed as a dependent on somebody else’s tax return filed in Virginia in the last 12 months; 

AND

1. Insurance Requirement: you must comply with Virginia’s vehicle insurance requirements, by satisfying at least one of the following:  

1. Maintain a vehicle insurance policy with 25,000 minimum coverage for bodily injury or death of one person; 50,000 minimum coverage for bodily injury or death of two or more persons; and 20,000 minimum coverage for property damage; OR 

2. Pay the Uninsured Motor Vehicle Fee of $500, which does not provide any insurance coverage, but allows you to drive an uninsured vehicle at your own risk. 

Conclusion:

If you meet the requirements listed above, you may apply for a driver privilege card beginning January 1, 2021. This card will be almost identical to a driver’s license or permit—depending on your age—which means that you will be required to meet the same requirements as somebody applying for a driver’s license/permit, such as proof Virginia residency, a vision screening, and successful passage of the two-part knowledge exam and road skills test. More details on the requirements for a driver’s license can be found on the Virginia Department of Motor Vehicles website.   

Limitations: 

A driver privilege card will provide the same privileges as a driver’s license or permit. However, there are some important differences between driver privilege cards and driver’s licenses which you should know about. For example, driver privilege card applicants may not waive any part of the driving exam. Also, driver privilege cards are slightly different in appearance than the recently-updated driver’s license, known as a “REAL-ID”.  

Beginning October 1, 2021, “REAL-IDs,” or full privilege driving licenses, will be the only kind of driver’s license allowed to board domestic flights. Of course, people will still be able to use their passports or other kinds of federally recognized IDs to travel, but those wanting to use their driver’s license will have to use a REAL-ID. The only difference in appearance between a driver privilege card and a ‘REAL ID’ driver’s license is that the ‘REAL ID’ will have a star in the upper right hand corner. As time passes, REAL-IDs will likely become more common, which means that driver privilege cards will look slightly outdated. However, the DMV will not be allowed to release sensitive information regarding whether you hold a driver privilege card or a driver’s license. Still, even with these protections, it is important to realize that an officer who pulls over a driver privilege card holder will notice that it is not a REAL-ID.   

If you choose to apply for a driver privilege card, it will be valid until your second birthday following issuance. For example, if you are issued a driver privilege card on February 2, 2021, and your birthday falls on April 2, then your driver privilege card will be valid from February 2, 2021, until April 2, 2023. You are eligible to apply for a re-issuance of your driver privilege card before your card expires. 

If you apply for a re-issue before your old driver privilege card expires, then you will not be required to present proof of tax or insurance requirements. However, if you miss the deadline, and apply for a re-issue after your old card expires, you might have to demonstrate that you meet the requirements outlined above.  

As previously noted, the DMV has not released detailed instructions regarding the application process. However, when they do, we will be sure to update this page with additional instructions. In the meantime, please consider bookmarking this page, and should you have any questions, please do not hesitate to reach out to our offices, and we would be happy to answer at least some of your questions. Other questions can be best answered by representatives at the DMV.  

Author: Nadeem Bohsali

Viewpoints Aligned

As a United States representative of the Union Internationale des Avocats (UIA – International Association of Lawyers), Wayne Powell attended the June conference in New York where the separation of border families was a hot topic. Below is the intro to a joint statement, followed by aligned thoughts from Wayne Powell.

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New York, June 30, 2018

REUNITE DETAINED CHILDREN AT THE BORDERS

Upon the occasion of the Governing Board meeting of the Union Internationale des Avocats (UIA – International Association of Lawyers), convened in New York, NY, USA, on June 30, the undersigned signatories note with grave concern the recently imposed United States policy, as implemented by President Donald J. Trump, ordering the inhumane separation of immigrant children from their parents at the United States borders. While we note that the Executive Order recently issued by President Trump revoked the policy for future child detainees, the Executive Order did not address a plan with respect to the more than 2,300 children who have already been separated in the wake of the implementation of President Trump’s stated “zero tolerance” policy.

Click to continue reading the joint statement on the International Association of Lawyer's website.

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As a member of the UIA, I stand in support of the statement issued urging that all children affected by President Trump’s “zero-tolerance” immigration policy be reunited with parents within 30 days, 14 days if the children are younger than 5 years. We must insist that these authorities help the parents and children establish communication with one another, and make a continued effort to reunite these families.

We must put an end to sending young children in court without legal representation and without their legal guardians. I, along with many of my fellow lawyers from the UIA, are here to assist in reuniting these children and their families, and ensuring they have an advocate for them in court, and that they understand their rights.

Almost 20 years ago, I represented a Hispanic family whose children had been taken from them by an American family while in their home country handling the legality of their formal immigration to the United States. My clients, a modest, humble, religious couple returned to their home country to visit the American Consulate and retrieve their immigration papers. The couple left their children in the temporary custody of the father's employer. After they obtained their papers and came back to the U.S. "legally" and anxiously awaited their reunion with their children, the American couple simply responded that they would be taking the children permanently and not returning them to the parents.

I petitioned the juvenile relations court at that time in a predominantly Caucasian, suburban county to retrieve the children for their parents. I incorrectly assumed that this would be a straightforward process seeing as there was no reason why the birth parents of these children were undeserving of their custody rights, and the law would be on their side. Neither father nor mother had any criminal background, no prior legal troubles, and were involved members of their Protestant church and their community. Much to my shock, when I attended the hearing before the substitute judge, the ruling stated that the children were "better off" with the Caucasian, American couple. The motivation was clear. Without reference to the integrity of the biological parents and without evidence to suggest that they were anything other than loving parents, a family was ripped apart. U.S. citizenship was equated to good character or parenting competency in this case, a superiority complex rooted in prejudice. This process was grueling for my clients both emotionally and financially. They were unable to pay me for my representation after our initial appearance in juvenile and domestic relations court. I was unwilling to leave them without representing in the pursuit of an appeal. During the appeal in the Circuit court, the judge immediately granted custody to the natural parents, my clients. I instructed the American couple to deliver the children to the parents’ house within a half an hour of leaving the courthouse.

In my case, justice was done, but it's significant to know that the same racist, intolerant attitude, and superiority expressed by the judge and the Caucasian couple remains strong in our society. These opinions are even articulated among the highest officials in the land. An intolerant justice and immigration system should not be considered a new "normal" by a nation whose foundation is built on immigrants. Crime does not have a skin color, an ethnicity, a language, or a religion. Officials, citizens, migrants alike should be held to the same standard of due process.

If you or someone you know is suffering from an injustice,

call Powell Law Group today. (804) 794.4030

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Pro Bono, Bilingual Legal Counsel For Separated Immigrant Families

"Two months ago, border authorities began to jail undocumented immigrants charged with crossing the border illegally, a sharp change from previous administrations' policy of releasing such accused misdemeanor offenders until their deportations could be handled administratively. Because children can't stay with a jailed parent, thousands were transferred to the custody of the Department of Health and Human Services. Since early May, 2,342 children have been separated from their parents after crossing the Southern U.S. border, according to the Department of Homeland Security. Many of these detainees are asylum seekers."

If you know of a family or child being detained, please contact Wayne Powell with more information. Mr. Powell along with a network of Immigration lawyers in Virginia are working diligently to provide pro bono, bilingual legal counsel to reunite these children with their families, and help all involved understand their rights.

Having built a multicultural legal practice for both English and Spanish speakers in need of justice, the horror of today's border situation strikes me at my core as an attorney, a father, and a grandfather. With background in helping both documented and undocumented workers manage complicated personal injury and workers' compensation scenarios for three decades, I'm confident that I have the experience necessary to help these parents obtain due process in our asylum system and safely reunite with their children. There is no place for prejudice in the justice system.

Whether you need to be reconnected with family members victim of this current situation or you're suffering an injury that is also unjust, English or Spanish speaking alike, contact Powell Law Group today to see how we can help you. From on the job accidents to defective product and auto accidents, our track record for three decades stands strong for the people we fight for. 

Wpowell@ewplg.com
(804) 794.4030

Please share this post to reach as many people as possible, and help us find the children and parents who need representation. We want to help. 
-Wayne Powell & The staff of the Powell Law Group

https://www.npr.org/2018/06/19/621065383/what-we-know-family-separation-and-zero-tolerance-at-the-border

You can also share a similar article I posted on LinkedIn, if it is a social channel you use.