13 Nov 2007
During a special session on October 22nd, the state Senate passed legislation that would stop Governor’s Spitzer’s plan to issue drivers license to illegal aliens by requiring a social security number or proof of authorized presence in the United States to obtain a New York State drivers license or non-driver identification card.Throughout the last month I have received an overwhelming number of emails, letters and phone calls from constituents regarding this issue, and the message has been clear: they do not support giving drivers’ licenses to illegal aliens. This legislation reverses the Governor’s proposal and enacts necessary safeguards to ensure that the security and reliability that a New York State drivers’ license is intended to provide is not jeopardized. Under the bill, if a person cannot supply a social security number when applying for a drivers license or non-driver identification card, he or she must submit satisfactory proof to the Department of Motor Vehicles (DMV) that his or her presence in the United States is authorized under federal law. It would also require the DMV Commissioner to obtain proof from any applicant for a driver’s license or non-driver identification card who cannot provide a social security number, that he or she is ineligible for a social security number.I question the Governor’s unilateral authority in making such a policy change, given Section 502 of the state Vehicle and Traffic Law specifically requires that a person must provide their social security number when applying for a driver’s license, and a regulation under this statute requires proof of ineligibility to receive a social security number if a person cannot present a social security number. This 1995 law was upheld by the New York State Court of Appeals in June, 2007. The Court of Appeals holds that an agency cannot change rules or regulations that disregard the will of the Legislature, and if an agency regulation is “not in harmony” with an applicable statute, then the statute must prevail. Therefore, the Governor’s policy change to require no proof whatsoever for a drivers’ license is actually illegal, because such a change would require a repeal of both the statute and regulation. A number of county clerks have spoken out against the Governor’s plan to give illegal aliens drivers’ licenses, saying they will refuse to comply—despite the consequences. Oswego County Clerk George Williams articulated his opposition to the policy at a recent Assembly hearing, and Rensselaer County Clerk Frank Merola has also filed a private lawsuit against the state Department of Motor Vehicles in Albany County in an effort to block the governor's policy. There are over twenty county clerks from both political parties opposing the Governor’s efforts. The Senate recently held a legislative hearing with over eight hours of testimony, which I participated in. Experts on national security, immigration, secure drivers licenses and ID cards spoke out against the Governor’s plan, calling it a threat to security and commenting on its being non-compliant with the federal Real ID Act. Beginning in 2008, all states will need to begin taking measures to become fully compliant with the federal Real ID Act by 2013. The Real ID Act strengthens the security of driver's licenses by requiring social security number background checks on license applications.I question the implications of illegal aliens holding drivers’ licenses as it relates to cross-border travel. People crossing the border for both tourism and business are already commenting about extended wait times and other border delays. If instituted, the Governor’s plan could make this situation worse, which would have detrimental effects on the economy here in Central and Northern New York.I am also concerned with the budgetary issues associated with this policy, as it will require additional funding to implement. Funding for the office of the Department of Motor Vehicles, and therefore, the Governor’s plan, will need to be approved by the Legislature as part of the 2008 state budget. The Senate is planning another hearing to address failures in scanning technology that is intended to catch counterfeit forms of identification. Earlier this week, a DMV fraud unit in Albany that has been running tests in recent weeks found the scanners routinely declaring bogus ID documents, such as passports and birth certificates, as valid.I will continue to work with my colleagues in the Legislature to stop this plan from being implemented.
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