10/26/2007

News / Senate Pushes Back On Licenses

Written by: by Matt Hampton, Assistant Editor
Linked from: http://www.zwire.com/site/news.cfm?newsid=18955635&BRD=2731&PAG=461&dept_id=575596&rfi=6

State Sen. Frank Padavan of Bellerose struck the first blow on Monday in the fight to overturn Gov. Eliot Spitzer’s controversial policy to grant driver’s licenses to illegal immigrants, pushing legislation that would require anyone seeking a license to show proof of citizenship or legal residency.
“Obviously this is not a panacea,” Padavan said in an interview, “but we think it’s a factor, which is why they passed (the Federal Real I.D. Act) in Congress.”


Spitzer’s plan, which will go into effect in December, grants New York residents the ability to use a foreign passport as proof of identity. During that month, more than 150,000 letters will be sent out to previously ineligible applicants who can now apply for state licenses. In April 2008, new applicants will be allowed access to licensing services.
A Department of Motor Vehicles spokesman told the Queens Chronicle in September that the old policy robbed thousands of New York residents of the ability to drive legally, and cost New Yorkers more than $120 million annually.
“When hundreds of thousands of people are being deterred from getting a license, it’s dangerous for everyone,” Flushing Councilman John Liu said when the Spitzer policy was under consideration. He said he felt the policy represented a change in the attitude towards public safety, not immigration policy.
Padavan and the state Senate, however, feel that potentially compromising state security to save millions of dollars is not a fair tradeoff.
He was quick to point out that the 9/11 Commission presented evidence to suggest that the hijackers of the World Trade Center attacks were able to obtain licenses in three separate states. All national and local effort since then, has been bent on preventing that kind of security lapse in the future.
“Eighteen of the 19 (9/11) hijackers used licenses in a variety of ways. They got green cards, opened bank accounts, even enrolling in a flight school,” Padavan said.
Spitzer’s position is that the new licenses actually aid national security because they provide a method of documentation for residents who would otherwise be totally untraceable.
“They're assuming that every illegal immigrant is going to go out and get a license,” Padavan said. “Obviously that flies in the face of reality.”
He added that the illegal licenses could not logically be regarded as a safety issue for drivers, because “having a driver’s license does not make you a safer driver.
“The bottom line is — what is the law? What are we required to do, what are we prevented from doing? ... The issue we’re talking about is a question of public safety and security.”
Padavan argued that the policy is illegal in the first place, violating the Federal Real I.D. Act, passed in 2005, which states that a Social Security number and proof of legal residency or citizenship are required to obtain a driver’s license. New York is one of a handful of states, including California, that have policies in place to issue state identification to illegal immigrants.
For Padavan, that is no excuse.
“The federal law very specifically says driver’s licenses should only be given to individuals who are in this country legally. Therefore the governor’s initiative is contrary to what is now a federal law.”
Padavan has sponsored similar legislation for more than five years, and said he was pleased that this year’s version passed by a wide 39-18 margin, but refused to speculate on the future of the legislation.
“We hope the Assembly puts it on the floor of the house. We would like them to put it to a vote,” he said. “It should be a priority because it’s so important.”
The Assembly version is co-sponsored by assemblywomen Barbara Clark (Queens Village) and Ginny Fields (Oakdale, L.I.). Both Assembly members are Democrats. The willingness of politicians on both sides of the aisle only serves to illustrate the deep level of concern that stems from the license issue.
Shortly after news broke of the passage of the Senate bill, Attorney General Andrew Cuomo went to bat for Spitzer’s policy, saying in a statement that the office of the attorney general would defend the right of the commissioner of motor vehicles to determine what he would accept as proof of identity, age and fitness to drive.
“The state has determined that there are significant policy concerns which are advanced by this policy change,” the statement read. “Enhanced safety on the state’s roads and reduction of automobile insurance costs are important considerations that the state believes will be promoted by these changes.”
The statement also said that because the commissioner of motor vehicles can verify foreign passports, it is reasonable to use them as a basis for issuing state identification.
According to the office of Assembly Minority Leader James Tedisco (R. Schenectady), the companion bill to Padavan’s legislation was struck down in the Assembly on Tuesday by a vote of 85-57. The debate, led by the Republican leader, lasted for about 45 minutes before failing to carry.
A subsequent proposal known as the County Clerks Protection Act, which would have granted protection to individual county clerks who chose to disobey the gubernatorial order, was also struck down.
The argument may not be over yet, however, as Tedisco’s office promised that if the order was not rescinded by the end of this month, they would sue for a legal injunction against the Department of Motor Vehicles, on the grounds that the policy violates an earlier piece of legislation passed in 1995.

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