http://www.washingtontimes.com/national ... -8701r.htm

ALBANY, N.Y. (AP) -- New York has the right to deny driver's licenses to people who can't prove they are in the country legally, the state's highest court ruled yesterday.

A lawsuit brought by immigrants and their advocates claimed a Department of Motor Vehicles policy "is essentially an effort to deny driver's licenses to immigrants not legally present in New York," the Court of Appeals decision stated.

At issue was a ruling issued Sept. 6, 2001, just five days before terrorists attacked the World Trade Center, requiring driver's license applicants to provide federal immigration documents to prove they were in the country legally. Some of the September 11 hijackers had driver's licenses.

About a dozen states deny driver's licenses to illegal aliens.
New York has long required applicants who don't have Social Security numbers to submit a Social Security Administration letter stating the person wasn't eligible to work in the U.S. and thus wasn't issued a Social Security number, but was present in the country legally. The 2001 rule made immigrants provide more proof.

There was no immediate comment on yesterday's ruling from the DMV or the lawyer for the immigrants who sued.

As a candidate last year, Democratic Gov. Eliot Spitzer said he would change the rule because it doesn't improve security and instead creates a class of people with no public records.