Impact of New Immigration Law on Oklahoma Vital Records

							Impact of New Immigration Law
    on Oklahoma Vital Records
                            Kelly Baker
       Oklahoma State Department of Health




                                       June 3, 2008
Shared Experience
    Other states looking at passing similar
     laws
    21 “high level” activity states (includes OK)
          21+ pieces of legislation
    9 states are Medium (11-20 bills)
    Nationally:Immigration bills filed by states
          2005 – 300
          2007 – 1,500
          2008 – 1,100 (as of April 25)
Tulsa World: National Conference of State Legislatures
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
HB1804
 Effective Nov 1, 2007
 Proof of Citizenship
 Impacts
       Expired Driver’s license
       Public employment

       Public Benefits
             • Housing
             • Medicaid
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
HB1804
A. The following entities may create, publish or otherwise
   manufacture an identification document, identification card, or
   identification certificate and may possess an engraved plate or
   other such device for the printing of such identification; provided,
   the name of the issuing entity shall be clearly printed upon the face
   of the identification:
   3. Federal, state and local government agencies for purposes
   authorized or required by law or any legitimate purpose consistent
   with the duties of such an agency, including, but not limited to,
   voter identification cards, driver licenses, non-driver identification
   cards, passports, birth certificates and social security cards;



2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
HB1804 Challenges for VR
    Issuance

    Increased In-person Traffic

    Valid ID



2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
              Challenge 1:
                              Issuance


2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Applicant
    HB1804 requires BC “applicant”
     must be US citizen or legal resident
      B. All identification documents as provided
      for in paragraph 3 or 4 of subsection A of this
      section shall be issued only to United States
      citizens, nationals and legal permanent resident
      aliens.
                                               HB1804




2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Who is the Applicant?
    Historically, “Applicant” is the person
     applying for the record

    Introduces illegal discrimination
          Children born here are automatically citizens
          Parents do not have legal resident status
          Children need BC for school, benefits, etc.



2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
14th Amendment                       US Constitution

    “No state shall make or enforce any
     law which shall abridge the privileges
     or immunities of citizens of the United
     States “




2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Oklahoma Solution
    New definition: “Applicant”
       Living subject of Birth Certificate
       Guaranteed to be Citizen

       USUALLY record requested for the
        benefit of the subject of the record
    New definition: “Requestor”
       Person “requesting” record
       No citizenship requirement
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Modified Definition: BC
    BC: Identification Document
          Birth Certificate of a living person
    BC: Historical Document
          Birth Certificate of a deceased person
    BC: Original Document
          Original records submitted to VR for
           permanent filing

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Modified Definition: BC
    Necessary to narrow broad references to
     Birth Certificates in existing state law
    Reflect intent of the new law
          Identification of living persons
    Deceased can’t apply and won’t
     personally benefit
          Eliminates need for proof of citizenship by
           family, genealogists
          Legal and historic purposes
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Political approval
    Bd of Health pass regulations
    OK Legislature not reject

    HB1804 Author comments
          “His idea to deal with babies born to illegal
           immigrants would be for Oklahoma to refuse to issue
           a birth certificate, he said. Instead, the state would
           send an acknowledgement of birth to the US
           embassy or consulate of the parents' nation of origin
           requesting a birth certificate.”
                                                   The Oklahoman
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
              Challenge 2:
            Increased Traffic


2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Background- Oklahoma
    Primary office in OKC
          1 Satellite - Tulsa
    Front Desk
       60% OKC
       40% Tulsa

    Mail (OKC)
          3-4 weeks response

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
                     Average Number Per Day:
                    OKC Front Desk Customers

450                 43%                       OKC-07        OKC-08                   Nov 1, 07
          53%                27%                                                      HB1804
400                                   31%
                                                                                          49%
350
                                                                                                   32%
300

250

200

150

100

 50

  0
        Jan     Feb       Mar      Apr      May    Jun      Jul     Aug     Sep     Oct    Nov     Dec
      Post HB1804         Change in avg number customers per day from previous yr   *Nov 1, 2007: HB1804 effective
 2008 NAPHSIS Annual Meeting
 Celebrating 75 Years of Excellence
 Orlando, FL June 1st – 5th, 2008
Customer vs People
    “Customer”
          Single interaction
             • May have multiple applications
             • Summer avg: 3-4 people per customer


    “People”
          Includes everyone who come to VR
             • Children, extra family members, etc.
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Increased Customers
    November
          2006: 218
          2007: 331
          Increase 53%
          3 days of 400+ customers


    Fall is normal catch up time from summer


2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Increased Customers
    January
        2007: 248 / day
       2008: 380 / day
       Increase 49%
       High of 475
       Note: 432 high summer rush

    Feb avg’d 398 / day
          High 517
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
         Projected Average Number Per Day:
             OKC Front Desk Customers

  550                                           OKC-07         OKC-08
  500




                                                                                     343




                                                                                                              331
  450
  400
  350
  300
  250
  200
  150
  100
   50
     0
          Jan      Feb     Mar      Apr       May    Jun       Jul     Aug     Sep         Oct   Nov   Dec
Post HB1840          Projected 50% Increase     Change in monthly avg # of OKC Front Desk Customers from previous yr
       2008 NAPHSIS Annual Meeting
                                                    *Nov 1, 2007: HB1804 effective
       Celebrating 75 Years of Excellence
       Orlando, FL June 1st – 5th, 2008
Summer Projections
    Avg number of customers > 500
          Avg people waiting in lobby: 2,000


    High days 650-700 customers
       Avg people in lobby/day: 2,800
       Avg people in lobby anytime: 600




2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Crowd Challenges
        VR Window Bottleneck
             Review, Cashier, Search and Issuance
             Not enough windows


        Split into 3 stations
      1.      VR Information Desk: Review applications,
              review/copy ID, answer basic questions
      2.      Cashier (Acctg Services)
      3.      Issuance (VR)
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Resulting Impact
    Wait time on busy day
          Dropped from 2½ hrs to 45 minutes


    Physically spread out process
          Information desk in OSDH atrium
          Cashiers in OSDH inner lobby
          VR issuance in VR lobby



2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Crowd Challenges
    Redesigned Applications
          Clarified requirements
             • color and emphasis added
          User-friendly
          Added FAQs to back
          Phone number
    Results
          Fewer incomplete applications
          Reduced time
             • Face-time with Public
             • Fewer letters sent for more info, correct fees
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Crowd Challenges
    Amendment Clerks
          Set up primary contacts
             • Must be available or find available clerk
          Walkie-talkies – portability

    Results
          No more FDesk staff running around to find
           available clerk
          Front desk staff able to stay in chairs
             • More customers served

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Crowd Challenges
   Lobby
       Increased seating from 50-100
       Purchased 2 Big Screen TVs


   Results
       Civility among customers who were
        previously standing or sitting on floor



2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Crowd Challenges
    2-Day Mail Option
          Wait times 2+ hours
          After pay for certificates
             • Drop off application and copy receipt
             • VR get response in mail within 2 business days.
             • OSDH Employees drop off applications before 10:00
               & pick up same day after 3:00
    Results
          Reduced number of customers waiting in lobby

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Crowd Challenges
    Staffing
          Robbing Peter (back office) to pay Paul (front)
          Hired 7 Temporary staff
             • Info desk, Front Desk, Amendments, Mail

    Results
          Keeping wait times down
          Nearly caught up to current



2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
OSDH Crowd Challenges
        Parking
        Bathrooms
        Security
        Air Conditioning
        Trash
        Food/water
        Breast-feeding facilities

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
              Challenge 3:
                              Valid IDs


2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Vicious Circle
    HB1804 prevents renewal of expired DLs
     without proof of citizenship
    OK VR Law requires “legal, valid photo ID”
     to obtain certified record
          Vouching option
             • 2nd party with legal, valid photo ID
             • Sign statement under penalty of perjury
             • Only option for undocumented parents


2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Change to DMV practices
    DMV recently stopped sending notices of
     pending expiration
          More expired DLs than in the past
          Previously no penalty for expired


    OKDPS Estimates
          195,000 Oklahomans with Expired DLs



2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
What is “Valid”?
    Presumption: Valid = Current
          Problem for expired DLs
          Few people have another legal photo ID


    Per DPS commissioner
          Expiration date only relative to driving
           privileges
          Not relative to identity

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Temporary Solution
    Accept DL expired 2 months or less

    Accept any DL with new security features
          Use Black light to validate




2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Irony
    BC initiates all other IDs

    Expired DL only replaced if have BC

    Expected to issue BC without current ID




2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Fraudulent IDs
    Increased
          Primarily (not exclusively) Hispanic
          Flea Market versions
          Some extremely good, but not real

    Reviewing list of acceptable IDs
          Taking Consular Matricula cards
          Attempt to verify with Mexican Consulate
          Waiting for Security Cmte recommendations

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Question:

Is the increased number
of BC requests REALLY
due to HB1804?

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Reasons for BC Requests
    350
                                 HB1804                        Fed ID law            Background         Mixed


    300
          289

    250


    200


    150
                     140
                                   119               124

    100
                                                                       87                                                              85
                                                                                      69
                                                                                52              45      43
     50
                                                                                                                15
                                                                                                                         4
      0
                                                                                ID
                                                                       School




                                                                                                Other




                                                                                                                Tribal
                                                                                       SocSec




                                                                                                                                       Unknown
                                                                                                        Work




                                                                                                                         Citizenship
           License


                      Passport




                                                      State Benefits
                                    Personal Files
           Drivers




                                                                                 3 day sample

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Reason for Requesting BC
    25%-Expired DL
    40%-Exp’d DL, State Benefits, Citizenship
    50%-Exp’d DL, State Benefits, Citizenship,
         Work or ID

    Avg customers/day ~ 39% increase
             (since November 1)

2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Question:
What can VR offices do
when similar laws are
introduced or passed?


2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Considerations
    Review requirements for proof of citizenship
     related to issuance of birth certificate?
          If so, develop plan to address this without
           discriminating
    Review existing VR laws/regulations regarding
     definitions (BC, Applicant)
    Review requirements for valid IDs
          Expired driver’s licenses acceptable
          Develop list of acceptable IDs
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
VR Considerations
    Review staffing pattern
          Staffing Level adequate?
          State’s with multiple offices may see less impact
           (Dispersion)




2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
“Son of 1804”
    Official State Language

    14th Amendment debate
    All persons born or naturalized in the
    United States, and subject to the
    jurisdiction thereof, are citizens of the
    United States and of the State wherein they
    reside.


2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008
Contact Information
Kelly Baker, MPH
Center for Health Statistics Director
  and State Registrar
Oklahoma State Department of Health
1000 NE Tenth Street, Room 114
Oklahoma City, OK 73117
(405) 271-4040
KellyB@health.ok.gov
2008 NAPHSIS Annual Meeting
Celebrating 75 Years of Excellence
Orlando, FL June 1st – 5th, 2008