LICENSE TO KILL
ELIOT'S PASSPORT TO TERROR
By JAMES TEDISCO


Spitzer: Rolling back post-9/11 ID safeguards.October 8, 2007 --

WHEN I got my first driver's license at 16, my parents told me that having a license is a privilege that I should take very seriously. It looks like young Eliot Spitzer never got that Civics 101 lecture.

Gov. Spitzer last month announced a complicated and expensive plan to allow illegal aliens to get New York driver's licenses. It's wrong - and it's dangerous.

Wrong? Definitely. Of course, anyone here legally ought to be able to get a license. But we should not reward those who come to our shores illegally.

Dangerous? Absolutely - in this post-9/11 world.

According to the National Immigration Law Center, seven of the 9/11 hijackers used fraudulent means to acquire legal ID in Virginia. In fact, it's been reported that the terrorists paid illegal aliens to falsely vouch for the terrorists' residency, and help them get those Ids.

This allowed the killers to move about our country freely, to rent vehicles - and to board the planes they used to slaughter 3,000 innocents.

After 9/11, our state tightened its rules to make sure a New York driver's license couldn't be a "passport to terror." Now the Spitzer administration intends to roll back those safeguards - and so risk the safety of our citizens.

Actually, the governor's plan presents a clear and present danger to the safety and security of our entire nation.

It's also a clear violation of state law: Section 502, subsection 1 of the Vehicle and Traffic Law directs the governor and commissioner of motor vehicles to require a Social Security number of all license applicants.

And the "Illegal Eliot" plan also conflicts with federal law.

The Real ID Act and the regulations to implement it require states to meet certain minimum security standards in issuing driver's licenses. One requirement: An applicant must produce a valid Social Security Number or proof of ineligibility. The only acceptable foreign documents would be a foreign passport with a valid, current U.S. visa. Those standards were developed to protect against identity theft and to protect our national security.

The governor's unwise plan also means trouble for New Yorkers traveling to Canada. Right now, you can cross the border with a N.Y. license and a birth certificate - no passport needed. But the rules are set to tighten in May, and the state's been working with the Department of Homeland Security to make sure a New York license is still good enough. There's no chance of that if Spitzer's program goes ahead.

That's more than an inconvenience - it's a problem for the New York economy, especially the ailing Upstate areas that the governor claims to care about.

There's even a real risk that "Illegal Eliot" may leave a New York license as invalid ID for airport travel.

The problems don't end there. The governor is also begging for increased voter fraud, since voter-registration is virtually automatic once you get your license under the federal "motor voter" law.

Of course, Spitzer's plan ignores more than 230 years of U.S. law on immigration. We're the land of opportunity, and should continue to welcome people to our great country - but it should be done in a lawful way. Any change in licensing policy should conform to the Real ID Act.

My Assembly Republican colleagues and I are calling on the governor and the DMV to act by Oct. 31 to rescind this proposal, follow the law or face legal action. If necessary, we'll sue to prevent this misguided plan from taking effect.

In case Gov. Spitzer decides to drag out the fight in court, I'm also introducing legislation to prevent his change from happening. I've asked Speaker Sheldon Silver to put this urgent national-security matter at the top of our agenda when the Assembly reconvenes this month. (Just this week, the first Democratic Assembly member, Ginny Fields of Suffolk County signed onto my bill.) All Assembly members should have their say on a policy that affects all New Yorkers.

This isn't a partisan issue; it's a matter of public safety. It's why county clerks, who run the local DMV offices across the state, are saying they won't enforce the governor's reckless plan. (The clerks' association just voted 29 to 4 against the Spitzer changes.) And it's why Democrats like Suffolk County Executive Steve Levy, former New York Mayor Ed Koch and Rep. Kirsten Gillibrand have come out against the plan

If it is a privilege to have a driver license, then the state has a responsibility to award that privilege with great care and judgment. The fairness and integrity of our legal system, not to mention the safety of all New Yorkers, is at stake.

James Tedisco is the minority leader in the state Assembly.
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