At least two insurance companies in Kansas are insuring motorists who hold foreign driver's licenses.
State law doesn't prohibit the companies from doing so, and supporters of the practice say it ensures that all drivers are protected in accidents.
But critics have raised concerns about road safety and national security.
Farmer's Insurance Group office manager Claudia Villatoro said she has been insuring motorists with foreign licenses, regardless of their legal status, for about a year.
"It's helping people," Villatoro said. "Every time they have an accident, they're covered."
State Farm also insures drivers who present valid foreign licenses, but gives policyholders 12 months to obtain a United States or Canadian driver's license, according to Tamara O'Connor, a public affairs supervisor for the company.
Those who do not show a valid U.S. license after that time risk not having their policies renewed, she said.
Under state law, all cars registered in Kansas must carry auto insurance. Drivers must show proof of insurance when filing for or renewing a vehicle's registration.
Critics, supporters
Members of the Minuteman Civil Defense Corps, which has chapters in Kansas, are among critics who said such insurance policies threaten national security.
Chris Simcox, the group's president, said he wonders how deeply insurance companies are probing motorists' backgrounds for criminal activity in other countries.
"How can they ensure the public safety?" he asked.
But Luis Figueroa, a legislative staff attorney for the Mexican American Legal Defense and Education Fund, said insurance companies who offer such policies are in the best position to analyze the risk.
"We think this is definitely a positive sign, although we do think the Legislature needs to encourage people getting state driver's licenses," he said.
Figueroa said the driver's license application process requires people to be regularly tested on their driving skills and road knowledge, which encourages safe driving.
Figueroa has assisted local immigrant advocate groups who have lobbied in Topeka and in Wichita on such matters.
State Rep. Brenda Landwehr, R-Wichita, introduced legislation last session that would have cracked down on illegal immigrants by revoking business licenses and imposing civil penalties on any Kansas business found to have employed an illegal immigrant, among other proposals. The legislation was defeated.
She questions whether insurance companies are considering legal versus illegal status when deciding to insure such motorists. She wonders what qualifications insurance companies use to accept or reject motorists using a foreign driver's license.
"If they're in the country legally, then temporary insurance is not a bad idea," she said. "Having anyone uninsured on the road is wrong."
State requirements
Neither the Kansas Insurance Department nor the Kansas Department of Revenue, which oversees vehicle tags and registration, has policies that would prevent motorists with foreign driver's licenses from obtaining insurance in Kansas, spokespeople for both organizations said.
Immigrant advocate groups have routinely lobbied for illegal immigrants to have access to U.S. driver's licenses or a form of a license so they could insure their vehicles.
But a 2007 state law says driver's license applicants must have a Social Security number that is verified by the federal government, or another verifiable government ID, such as a visa or birth certificate.
Companies who issue insurance using a foreign-driver's license offer a reasonable solution, said Villatoro, of Farmers Insurance, because it's making sure all drivers are safe.
"I think it's better for them to be insured" than not, said Villatoro, who advertises the service in area bilingual and Spanish-language media. "It affects other people."
State Farm, which also sells the policies, said in an e-mailed response, "Although we recognize the immigration and national security concerns surrounding this issue, we do not believe it is appropriate that we take positions on issues that are outside our areas of expertise."
Being responsible
It's unclear how many vehicles in Kansas that are insured with a foreign driver's license have been registered with the state Department of Revenue's Division of Vehicles.
The division processed about 2.56 million vehicle registrations in 2006, according to the department's most recent report. In 2005, it processed about 2.53 million vehicle registrations.
Critics have said that issuing driver's licenses to illegal immigrants appears to reward them for breaking the law.
Larry Magill, executive vice president for the Kansas Association of Insurance Agents, is concerned about whether insurance companies are being responsible by offering such policies.
"Looking the other way on the immigration law violation in order to prevent somebody from driving without insurance, that doesn't seem to be a responsible way to address the issue in my opinion," Magill said.
The association hasn't dealt with the matter, Magill said, because it hasn't been brought up.
Magill said he wonders whether motorists insured using a foreign driver's license are familiar with U.S. traffic laws, such as which side of the street to drive on.
Simcox, with the Minuteman group, said his organization could consider lobbying lawmakers to pressure insurance companies to stop issuing such policies.
"This is another opportunity to close one of those loopholes," Simcox said.
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