State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

EXHIBIT 30

App. 0996

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION

STATE OF TEXAS, et al.,

)
)

Plaintiffs,

v.

UNITED STATES OF AMERICA, et al.,
Defendants

)
)
)
)
)
)
)

Civil Action No. 1:14-cv-00254

DECLARATION OF DONALD M. SNEMIS
I, Donald M. Snemis, hereby declare as follows:
1.

I am over the age of 18 and fully competent in all respects to make this

Affidavit.
2.

I have personal knowledge of the matters herein stated.

3.

I am the duly-appointed Commissioner of the Indiana Bureau of Motor

Vehicles (BMV) and Indiana Bureau of Motor Vehicles Commission (BMVC).
4.

The BMV is an agency of the executive branch of the State of Indiana.

The BMV is responsible for administering and enforcing Indiana's motor vehicle
laws. See Ind. Code§ 9-14 et al.
5.

The BMVC is a body corporate and politic that is separate from the

state but that exercises essential government functions, including the operation of
Indiana's one hundred thirty-two (132) license branches. See Ind. Code § 9-15 et al.

App. 0997

The BMVC also serves as the State of Indiana's motor vehicle authority of purposes
of the National Voter Registration Act. Ind. Code§ 3-7-14-3.
6.

For ease of reference, this Affidavit refers to both entities jointly as the

"BMV'' or the "Indiana BMV."
7.

I have served as Commissioner of the Indiana BMV since January 6,

8.

Prior to assuming the role of Commissioner, I practiced law for about

2014.

twenty-five (25) years. I remain an active member of the Indiana bar.
9.

The BMV employs approximately 1,400 people. About 350 work in the

BMV's Central Office in Indianapolis, while the remaining 1,050 work in the BMV's
branch offices.
10.

The BMV is responsible for approving and issuing driver's licenses,

permits and identification cards for non-drivers (collectively "credentials") to
Indiana residents. See Ind. Code §§ 9-24-11; 9-24-16.
11.

From 2010 through 2014, the BMV manufactured and delivered

approximately 1,550,000 credentials per year.
12.

Indiana law requires all applicants for driver's licenses, permits or

identification cards to present documentary evidence to the BMV that the applicant
is either a citizen of the United States or lawfully residing in the United States. Ind.
Code§§ 9-24-9-2.5; 9-24-16-3.5.
13.

Non-citizens who have approved deferred action status from the

United States government qualify for credentials. Ind. Code §§ 9-24-9-2.5(9); 9-24-

App. 0998

16-3.5(1). The BMV requires that all such transactions be performed in-person at
one of the BMV's one-hundred thirty-two (132) license branches.
14.

In June of 2012, the United States Secretary of Homeland Security

announced that certain classes of non-citizens who arrived in the United States as
children

could

request

deferred

action

("DACA'')

status.

See:

http://www.uscis.gov/childhoodarrivals.
15.

There are approximately 5,300 individuals with DACA status who

currently hold credentials issued by the Indiana BMV.
16.

I am aware of President Barack Obama's recent executive action

extending DACA status to more than four (4) million additional undocumented
immigrants throughout the United States.
17.

The President's "executive amnesty" will place a substantial financial

burden upon the Indiana BMV.
18.

It has been estimated that there were

approximately 85,000

unauthorized immigrants in the State of Indiana in 2012. 1 Thus, the Indiana BMV
may receive upwards of 85,000 new DACA credential applications in 2014 under the
expanded program.
19.

In order to meet our goals for customer service, the BMV must employ

a sufficient number of people, and maintain a sufficient number of license branches,
so that transaction times are reasonably short. Thus, the BMV's branch-related
costs are tied directly to (a) the number of transactions we anticipate processing and

These are the most recent estimates I have been able to locate. See:
http://www.pew hi span ic.org/2014/ 11/ l Siuna u thorized-immigran t- totals- rise-in -7-states-fall- in -14/
1

App. 0999

(b) the number of transactions BMV employees can process in a given amount of
time.
20.

The BMV routinely tracks both its average branch transaction times

(by type of transaction) and its average cost per branch transaction. In 2014, the
average branch transaction took about two minutes, twenty-one seconds (2:21) and
the BMV's overall cost branch transaction cost was $12.85 per transaction.
21.

Applications for credentials submitted by individuals with DACA

status are among the most complicated and time-consuming transactions handled
by BMV branch employees. The average transaction time for DACA credential
applications in 2014 was ten minutes, fifty-eight seconds (10:58), about 4.7 times as
long as the average transaction. Thus, it is reasonable to estimate that the BMV's
average cost for a DACA credential transaction is about 4. 7 times its cost for an
average transaction, which results in a cost of about $60.40 per transaction.
22.

Additionally, the BMV verifies lawful status of DACA applicants with

the Systematic Alien Verification for Entitlements (SAVE) Program administered
by the United States Citizenship and Immigration Services (USCIS). See:
www.uscis.gov/save. The cost per verification is between $.50 and $1.50 depending
upon whether verification is completed with the initial inquiry or requires
subsequent levels of inquiry.
23.

The Indiana BMV charges applicants under the age of seventy-five

$17.50 for a driver's license. Of this amount, $8.25 is distributed to various state
accounts, and $9.25 is deposited into the Bureau of Motor Vehicles Commission

App. 1000

Fund ("BMVC Fund"), which was established for the purpose of paying the expenses
of operating license branches. Ind. Code§§ 9-29-9-2.1; 9-29-14-1. Assuming a cost of
about $61 per transaction, The BMV loses about $51.75 on each DACA application
for a driver's license. About 69% of all credentials issued by the BMV are driver's
licenses. Assuming that the Indiana BMV receives 58,650 new DACA driver's
license applications (69% of 85,000 newly qualified applicants), the BMV would
incur about $3 million in additional costs.
24.

The Indiana BMV charges applicants for learner's permits $9.50. Of

this amount, $4.75 is deposited into various state funds and $4.75 is deposited into
the BMVC Fund. Ind. Code § 9-29-9-1. Thus, the BMV loses about $56.25 on each
DACA application for a learner's permit. About 12% of all credentials issued by the
BMV are learner's permits. Assuming that the Indiana BMV receives 10,200 new
DACA applications for learner's permits, the BMV would incur about $574,000 in
additional costs.
25.

Identification cards are generally free to Indiana residents who are

U.S. citizens, but the BMV charges DACA applicants $11.50 for an identification
card. Of this amount, $4.50 is deposited to various state accounts and $7.00 is
deposited into the BMVC Fund. Ind. Code § 9-29-9-15. Thus, the BMV loses about
$54 on each DACA application for an identification card. About 19% of all
credentials issued by the BMV are identification cards. Assuming that the Indiana
receives 16,150 new DACA applications for identification cards, the BMV would
incur about $872,000 in additional costs.

App. 1001

26.

In addition, extending DACA status to undocumented immigrants

residing in Indiana will likely increase the Indiana BMV's burdens related to fraud
investigations. A photograph is taken of all new credential applicants, and that
photo is routinely processed by the BMV's facial recognition software to determine if
the applicant previously obtained an Indiana credential using another identity.
When the software generates a likely hit, the BMV's Fraud & Security Enforcement
Department ("FSE") investigates the case to determine if the individual had
previously obtained a credential under false pretenses.
27.

In 2014 alone, the seven (7) investigators m the BMV's FSE

Department conducted about eight hundred fifty (850) investigations resulting from
facial recognition software hits. Of that amount, about eighty percent (80%), or six
hundred

eighty

(680)

investigations,

resulted

from

situations

where

an

unauthorized immigrant had obtained a credential from the BMV in the past using
a false identity, and then later applied for a legitimate credential when he or she
earned legal status. In those situations, the BMV routinely suspends the applicant's
driving privileges for a period of time and refers the cases to county prosecutors for
prosecution. The average investigation takes about eight (8) hours, and the BMV's
cost for FSE investigators is about $40 per hour. Thus, the BMV incurs about $320
in costs for each FSE fraud investigation.
28.

Some of the suspended individuals seek administrative review of their

suspensions under the BMV's administrative appeals system, which is handled by
the BMV's Legal Department. The BMV Legal Department handled about thirty-

App. 1002

two (32) appeals from fraud suspensions m 2014.

The average administrative

review takes about 4.5 hours, and the BMV's cost per attorney is about $43 per
hour. Thus, the BMV incurs about $193.50 in costs for each appeal.
29.

It is clear from the experience of the BMV that if 85,000 unauthorized

immigrants suddenly gain DACA status and seek new credentials, a substantial
number of new fraud investigations, suspensions and administrative appeals will
occur. While it is not possible to predict the number of new investigations,
suspensions or appeals with any accuracy, it is clear that the BMV will experience a
significant impact from this change in the law.
30.

The President's executive order expanding DACA does not include any

funding mechanism to offset the additional $4,446,000 in costs that the Indiana
BMV estimates may be incurred as a result of "executive amnesty," or any of the
costs related to fraud investigations, suspensions or administrative appeals that
cannot currently be estimated. All of these costs will be borne by the State of
Indiana.
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

:z_o;S:Date:

~~·

'·

Donald M. Snemis, Commissioner
Indiana Bureau of Motor Vehicles
Indiana Bureau of Motor Vehicles Commission

App. 1003