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California League of Latin American Citizens

C.A.L.L.A.C. Affiliated with the National League of Latin American Citizens

P.O. Box 433 Torrance CA 90508-0433 Tel: 213.787.5476 callac@janbtucker.com http://nllac.blogspot.com/2011/08/announcingformation-of-national-league.html

October 15, 2012 Mayor Antonio Villaraigosa Los Angeles City Hall 200 N Spring Street Los Angeles CA 90012 Council Member Richard Alarcon Los Angeles City Hall 200 N. Spring Street, Room 470 Los Angeles CA 90012 Honorable Mayor Villaraigosa & Council Member Alarcon: Regarding competing (or complimentary) proposals reported on in the press to create city issued identification cards and/or debit cards that will help to alleviate bank redlining of minority communities, these efforts generally have the support of CALLAC and I will be seeking approval by our partners in the Same Page/Misma Pagina Coalition for them as well. However, I have some concerns for how city issued identification can be enhanced in their efficacy to alleviate other social problems as well. Locating undocumented immigrants is one of the most difficult tasks for private investigators, especially when it comes to attempts to find witnesses for criminal defense case and in the case of tracking down the proverbial dead beat dad. Due to a 1997 administrative reinterpretation of existing law by the Department of Motor Vehicles, private investigators have henceforth not been able to access address information from the DMV, even for the service of process. While undocumented immigrants do not have driver licenses, they do frequently own and drive vehicles, but while law enforcement officers have access to those records, criminal defense investigators are at an extreme disadvantage when attempting to locate witnesses who could potentially clear the innocent. Usually, the person who suffers in these situations is another undocumented immigrant who is effectively denied a fair trial since his/her defense investigator does not have equivalent access to the data bases that the police may have used to find and arrest him/her.

Additionally, when attempting to locate dead beat dads for service of legal process to enforce child support orders, immigrant women heads of households are at an extreme disadvantage for many of the same reasons. By denying access to private investigators to DMV address information, the State of California effectively prices poor women out of market to take matters into their own hands when public child support agencies are unable and overwhelmed in the task of locate the non-custodial partent for enforcement purposes. People's privacy should have significant safeguards in formulating any government identification program. However, given the gravity of effective denial of the constitutional right to due process of law for poor or indigent criminal defendants and custodial parents that results from the simple inability to locate people, consideration should be given to providing limited access to address information for specified legitimate purposes by properly licensed investigators. Please let me know your thoughts on these matters at your earliest convenience. Respectfully Yours,

Jan B. Tucker State Director, CALLAC cc: Larry Frank, Linda Pruett, Patty Bellasalma, Cynthia Conover, Norma Ramirez, Jose Luis Ramirez, Angel Luevano, Argentina Luevano, Miguel Angel Perez, Jerry Desmond, Francie Koehler, Sherry Lear, Nanette Harrison