Impact of New Immigration Law on Oklahoma Vital

Impact of New Immigration Law on Oklahoma Vital Records Kelly Baker Oklahoma State Department of Health June 3, 2008

Shared Experience n n Other states looking at passing similar laws 21 “high level” activity states (includes OK) n n n 21+ pieces of legislation 9 states are Medium (11 -20 bills) Nationally: Immigration bills filed by states n n n 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 1 st – 5 th, 2008

HB 1804 Effective Nov 1, 2007 n Proof of Citizenship n Impacts n Expired Driver’s license n Public employment n Public Benefits n • Housing • Medicaid 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

HB 1804 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 1 st – 5 th, 2008

HB 1804 Challenges for VR n Issuance n Increased In-person Traffic n Valid ID 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

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

Applicant n HB 1804 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. HB 1804 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Who is the Applicant? n Historically, “Applicant” is the person applying for the record n Introduces illegal discrimination n Children born here 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 1 st – 5 th, 2008

14 th 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 1 st – 5 th, 2008

Oklahoma Solution n New definition: “Applicant” Living subject of Birth Certificate n Guaranteed to be Citizen n USUALLY record requested for the benefit of the subject of the record n n New definition: “Requestor” Person “requesting” record n No citizenship requirement n 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Modified Definition: BC n BC: Identification Document n n BC: Historical Document n n Birth Certificate of a living person Birth Certificate of a deceased person BC: Original Document n Original records submitted to VR for permanent filing 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Modified Definition: BC n n Necessary to narrow broad references to Birth Certificates in existing state law Reflect intent of the new law n n Identification of living persons Deceased can’t apply and won’t personally benefit n n 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 1 st – 5 th, 2008

Political approval n Bd of Health pass regulations OK Legislature not reject n HB 1804 Author comments n n “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 1 st – 5 th, 2008

Challenge 2: Increased Traffic 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Background- Oklahoma n Primary office in OKC n n 1 Satellite - Tulsa Front Desk 60% OKC n 40% Tulsa n n Mail (OKC) n 3 -4 weeks response 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Average Number Per Day: OKC Front Desk Customers 53% 43% 27% 31% Nov 1, 07 HB 1804 49% 32% Post HB 1804 Change in avg number customers per day from previous yr 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008 *Nov 1, 2007: HB 1804 effective

Customer vs People n “Customer” n Single interaction • May have multiple applications • Summer avg: 3 -4 people per customer n “People” n Includes everyone who come to VR • Children, extra family members, etc. 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Increased Customers n November n n n 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 1 st – 5 th, 2008

Increased Customers n January 2007: 248 / day n 2008: 380 / day n Increase 49% n High of 475 n Note: 432 high summer rush n n Feb avg’d 398 / day n High 517 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Post HB 1840 Projected 50% Increase 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008 331 343 Projected Average Number Per Day: OKC Front Desk Customers Change in monthly avg # of OKC Front Desk Customers from previous yr *Nov 1, 2007: HB 1804 effective

Summer Projections n Avg number of customers > 500 n n Avg people waiting in lobby: 2, 000 High days 650 -700 customers Avg people in lobby/day: 2, 800 n Avg people in lobby anytime: 600 n 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

VR Crowd Challenges n VR Window Bottleneck n n n Review, Cashier, Search and Issuance Not enough windows Split into 3 stations 1. 2. 3. VR Information Desk: Review applications, review/copy ID, answer basic questions Cashier (Acctg Services) Issuance (VR) 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Resulting Impact n Wait time on busy day n n Dropped from 2½ hrs to 45 minutes Physically spread out process n n n 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 1 st – 5 th, 2008

VR Crowd Challenges n Redesigned Applications n Clarified requirements • color and emphasis added n n User-friendly Added FAQs to back Phone number Results n n 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 1 st – 5 th, 2008

VR Crowd Challenges n Amendment Clerks n Set up primary contacts • Must be available or find available clerk n n Walkie-talkies – portability Results n n 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 1 st – 5 th, 2008

VR Crowd Challenges n Lobby n n n Increased seating from 50 -100 Purchased 2 Big Screen TVs Results n Civility among customers who were previously standing or sitting on floor 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

VR Crowd Challenges n 2 -Day Mail Option n n 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 n Results n Reduced number of customers waiting in lobby 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

VR Crowd Challenges n Staffing n n Robbing Peter (back office) to pay Paul (front) Hired 7 Temporary staff • Info desk, Front Desk, Amendments, Mail n Results n n Keeping wait times down Nearly caught up to current 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

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

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

Vicious Circle n HB 1804 prevents renewal of expired DLs without proof of citizenship n OK VR Law requires “legal, valid photo ID” to obtain certified record n Vouching option • 2 nd 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 1 st – 5 th, 2008

Change to DMV practices n DMV recently stopped sending notices of pending expiration n More expired DLs than in the past Previously no penalty for expired OKDPS Estimates n 195, 000 Oklahomans with Expired DLs 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

What is “Valid”? n Presumption: Valid = Current n n n Problem for expired DLs Few people have another legal photo ID Per DPS commissioner n n Expiration date only relative to driving privileges Not relative to identity 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Temporary Solution n Accept DL expired 2 months or less n Accept any DL with new security features n Use Black light to validate 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Irony n BC initiates all other IDs n Expired DL only replaced if have BC n Expected to issue BC without current ID 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Fraudulent IDs n Increased n n Primarily (not exclusively) Hispanic Flea Market versions Some extremely good, but not real Reviewing list of acceptable IDs n n n 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 1 st – 5 th, 2008

Question: Is the increased number of BC requests REALLY due to HB 1804? 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

Reasons for BC Requests HB 1804 Fed ID law Background 3 day sample 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008 Mixed

Reason for Requesting BC n n 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 1 st – 5 th, 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 1 st – 5 th, 2008

VR Considerations n Review requirements for proof of citizenship related to issuance of birth certificate? n n n If so, develop plan to address this without discriminating Review existing VR laws/regulations regarding definitions (BC, Applicant) Review requirements for valid IDs n n Expired driver’s licenses acceptable Develop list of acceptable IDs 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008

VR Considerations n Review staffing pattern n n 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 1 st – 5 th, 2008

“Son of 1804” n Official State Language n 14 th 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 1 st – 5 th, 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 Kelly. B@health. ok. gov 2008 NAPHSIS Annual Meeting Celebrating 75 Years of Excellence Orlando, FL June 1 st – 5 th, 2008