PROVIDENCE — People renewing their driver’s licenses and identification cards will no longer be required to present their Social Security cards to the state Division of Motor Vehicles, as a result of a consent agreement between the agency and the Rhode Island Affiliate of the American Civil Liberties Union.

The agency ceased doing so yesterday, according to ACLU volunteer lawyer James Kelleher, who filed the lawsuit in Superior Court.

Kelleher argued successfully that the DMV “had no statutory authority to implement the policy and that it violated the due process rights of licensees.” He said the goal “was to gently remind those in power that their authority is limited by law.”

The DMV may still collect Social Security numbers from people seeking license or identification renewal if the DMV does not already have those on record — but only by asking people to provide the numbers — not show their cards.

There appeared to be disagreement yesterday over whether the DMV must now also stop requiring Social Security cards of license applicants. Kelleher said the agreement requires the DMV hold hearings to amend its rules that were the basis for the lawsuit in the first place: the expected outcome would be to also withdraw the Social Security card requirement for license applicants.

The DMV yesterday said otherwise.

“Social Security cards will continue to be required of first-time applicants for Rhode Island operator and CDL licenses and Rhode Island Identification Cards,” according to an agency statement.

The agency called “inaccurate” an ACLU statement that the DMV “must formally eliminate the Social Security card requirement for people applying for and renewing their driver’s licenses or identification cards, when in fact the lawsuit and dismissal stipulation only dealt with the issue of license and ID card renewals.”

Kelleher said that if, after the hearings, the DMV does not change the rule for license applicants as well, “there is no question there will be litigation … If they don’t, the first 16-year-old who wanders in my door who is turned down for a license will become my next ACLU client and first test case” regarding that stipulation.

Steven Brown, executive director of the local affiliate of the ACLU, said he believes that once the situation plays out “and once testimony is heard, I think the DMV will be hard-pressed to continue requiring [Social Security] cards” of license applicants.

“Applicants for driver’s licenses already have to provide various forms of documentation confirming both their identity and residency in the state,” said Brown, “and to suggest that an additional requirement — that a Social Security card be produced — seems extremely hard to justify. So I certainly hope and expect it will be repealed for all people once the rule-making process takes place.”

Under the consent judgment, people whose renewal applications were denied between Aug. 1, 2007, and March 13, 2008, “solely for failing to provide a Social Security card” will be allowed to renew their licenses without penalty, as long as they fulfill all other legal requirements.

The suit was brought on behalf of Providence resident Wendy Becker, who was unable to get her driver’s license because she did not have her Social Security card. Her license was renewed yesterday, Kelleher said.

Kelleher said the reason the DMV asked for the Social Security card “is that they in good faith believe it was a logical extension of the requirements of the real ID act, enacted by federal government and not put into law and not in effect in Rhode Island or any other state.”

Asked how many people might have been denied license renewals during the stated time frame, Kelleher said, “I suspect it’s a large number. Anecdotally, when we filed this complaint, I started receiving e-mails from people all over the state … they went down with W-2 forms and passports and were sent packing. Some brought Social Security cards that were laminated,” and were rejected as well.

“Our concern was that there was no legal predicate for anybody to bring anything but the Social Security number in your head that you could recite to person at counter.” The requirement to produce the actual card is beyond the scope of the law, Kelleher said.

Kelleher referenced an incident reported in The Journal this week, of a Providence storeowner who demanded to see the Social Security card of one or both of two customers on March 1, after he heard the men speaking Spanish to one another in his store.

The storeowner, David C. Richardson, told the men he could contact immigration authorities or make a “citizen’s arrest,” if he believed they were in the country illegally.

“While pleased that this particular goal has been achieved,” Kelleher said of the consent judgment, “it is unfortunate that this unlawful Social Security card rule has left an unintended residue, as evidenced by the disgraceful scene that unfolded earlier this week at a local business.” Perhaps, he said, “this victory will offer some caution to those who would overstep the boundaries of law and decency.”

kziner@projo.com