State Reps Blast Spitzer For New License Policy
By:George Wallace
10/03/2007


A controversial driver's license application policy change, announced by New York State Governor Eliot Spitzer this month - which will allow all New Yorkers the opportunity to apply for state driver's licenses regardless of immigration status - continued to draw fire from legislators on both sides of the aisle this week. Critics cited fears about homeland security, abuse of citizen privileges by illegal aliens, and technical complications arising from allowing aliens to obtain state licenses.


"I think the governor should be arrested and prosecuted for aiding and abetting thousands of individuals who have broken state and federal law," said Assemblyman Andrew Raia (R-Northport). "His argument that it will make things safer is a joke."
The policy change, which Spitzer said "deals practically with the reality that hundreds of thousands of undocumented immigrants live among us," was made in order to make driving safer, lower insurance rates and improve homeland security, according to a statement from the governor's office.
State law requires license applicants to prove their identity, date of birth and fitness to drive, and to provide a Social Security number, according to Spitzer. In 2002, a state regulation was adopted to allow applicants who are ineligible for a Social Security number to also apply for driver licenses. "Following this step, the [Department of Motor Vehicles] then issued an administrative policy that effectively made it impossible for illegal immigrants to obtain driver licenses by stipulating that the only way to define 'ineligibility' would be through obtaining a formal letter of ineligibility from the Social Security Administration, a letter that is only obtainable by individuals who have legal immigration status," noted the governor's office.


Under the new policy, applicants will check a box on the license application that states that the applicant is not eligible to receive a Social Security number. Instead of presenting a Social Security number or a letter of ineligibility, individuals will provide a current foreign passport or other valid and verifiable documents to prove identity.


"As such, the DMV will be able to achieve its primary goal in issuing licenses, which is to ensure that the individual who is receiving the license is not misrepresenting themselves to obtain a fraudulent identity card, and controlling who has access to driving motor vehicles," noted Spitzer.
In addition to Democratic Party leaders in Albany, Spitzer pointed to endorsements from immigrant rights organizations, labor officials, immigration lawyers and insurance industry leaders as evidence that his policy changes are a good decision.
But those opposing the announcement have been vocal, and include some who say the current policy protects security.


Among those raising concerns about the move was state Senator John Flanagan (R-Smithtown), who, in June 2007, sponsored and gained Senate passage of legislation that would have strengthened the identification requirements for obtaining driver's licenses and permanently established this regulation in state law.


"The old policy required applicants to supply a Social Security card as proof of identification, and those without one to supply documentation from the United States Department of Homeland Security," said Flanagan. "As a result of the governor's action, the state will relax the once-stringent documentation requirements and allow a variety of documentation, including foreign-based identification. In addition, applicants will not be required to provide certification of their immigration status.


"The policy that Governor Spitzer has effectively annulled was aimed at preventing fraud and it should have been left in place," Flanagan continued. "The fact is, a driver's license is a privilege - not a right - that has the power of granting the license holder broad access to all sorts of secure and non-secure places and its validity must be above reproach."


Across party lines, Suffolk representatives in the state Assembly expressed reservations over the action. "I'm extremely disappointed that the governor would make a policy change this tremendous without hearing the people's voices, and I feel strongly that the governor has made a mistake," said Assemblywoman Pat Eddington (WF-Medford). "Some people say that this is a good way to monitor who's driving, but using a Social Security number was a good way to ensure law-abiding people could get licenses. I believe this is a homeland security breach."


"I see both sides of this issue," said Assemblyman Fred Thiele (R-Bridgehampton). "There are concerns about homeland security. But I've also been contacted by insurance agents and law enforcement people who favor what he's done, and think it's a bad thing from a public safety standpoint to have uninsured, unlicensed people on the road."
However, Raia held fast to his argument against the governor's proposal, and is looking at ways to address these concerns. "I'm considering introducing legislation that would require that, if an illegal alien gets a driver's license, they have to submit proof of insurance in 30 days or the license would be null and void," he said.


Spitzer's new initiative is now being phased in, according to his office, although state officials from both sides of the aisle are vowing to examine the policy at the legislative level.


"I understand the governor's trying to make a statement - illegal immigrants get behind the wheel of a car not knowing the rules of the road, and putting our heads in the sand endangers our own safety," added Assemblyman Marc Alessi (D-Wading River). "But I've heard that there will be a lot of problems, for example using a New York driver's license to get on airplanes and to cross the border to Canada. I feel that if the governor's going to go through with this, then he should consider taxing [illegal] aliens, creating a mechanism to make them pay their fair share of taxes."


Alessi joined others who said that a policy change as potentially impactful as this one should go before the Legislature rather than be announced as an administrative policy. "This policy shouldn't be rushed into, and it shouldn't be implemented without public hearings," he said. "I'm going to call the chair of transportation to hold hearings on this to see if this is the right way to go or if we should block it."

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