GOP to sue over license plan

Assembly Republicans say governor lacks the authority to change DMV policy

By JAMES M. ODATO, Capitol bureau
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First published: Tuesday, October 30, 2007

ALBANY -- With many politicians, including some Democrats, suggesting Gov. Eliot Spitzer back off his plan to offer driver's licenses to illegal immigrants, Assembly Republicans plan to sue the governor on Thursday over the policy.


Two days after Spitzer, a Democrat, ditched his original plan, Assembly Minority Leader James Tedisco, R-Schenectady, said even though the governor has reversed himself "... he's still 'Illegal Eliot.' " Tedisco said the suit will say the governor has no legal right to change Department of Motor Vehicles policy without legislative authorization.


The governor's revised plan, he said, is unacceptable because illegal immigrants would still be able to get driver's licenses, albeit one that would not be valid for border crossings.

Spitzer's first plan, announced in September, would have given immigrants full driver's licenses. Now, he proposes three different licenses -- two kinds for legal residents and a third for illegal immigrants who can produce foreign passports and other identification.

The new program won't be rolled out for months, if at all.

"I hope this is not the final outcome of all of our months of work on this issue," said Sen. Eric Schneiderman, D-Manhattan, one of a group of lawmakers who stood with Spitzer on his original plan against intense opposition.

Many of those lawmakers were discouraged that Spitzer agreed to the federal licensing program. It calls for a driver's ID to board commercial aircraft and enter federal buildings. The governor also would set up a license comparable to a passport for crossing borders.

The only license available to illegal immigrants would be the routine driver's license issued by the state, which would be inferior to the other two licenses.

Sen. Jose Serrano, D-Manhattan, said he is disappointed with the governor's switch and told him so at a breakfast meeting Sunday with other lawmakers. The new plan, Serrano said, would prohibit illegal immigrants from becoming licensed and insured until late 2008 at the earliest, and could lead authorities to suspect they are in the state illegally.

"There is potential for abuse," Serrano said. "Both legal and undocumented immigrants will be more vulnerable" if they have a Latino last name or speak with a Spanish accent, he said.

Schneiderman said Spitzer may rethink his reversal.

"As we move forward with drafts and redrafts, and see other states opting out, and get a new president to take over the nation's immigration policy, new doors will open," Schneiderman said.

Lloyd Constantine, senior advisor to Spitzer, said he is confident people will see that the amended policy enhances security and safety as time goes on.

Several lawmakers complained they were unaware the governor was altering his plan.

On Saturday, Spitzer told the Times Union he had been quietly talking to Homeland Security Secretary Michael Chertoff for some time -- even as the governor was urging lawmakers to support his vision of allowing illegal immigrants to have the same license anyone else in New York could obtain.

"If he wasn't going it alone, he could have deflected some of this outrage," said Assemblyman Tim Gordon of Bethlehem, who belongs to the Independence Party but caucuses with the Democrats.

M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com. Rick Karlin contributed to this report.


http://timesunion.com/AspStories/story. ... 10/30/2007