Driver's License
Latest License Plan Angers Almost Everyone
November 2007
New York Governor Eliot Spitzer has been in the national spotlight since his controversial announcement in September that he would grant undocumented immigrants driver's licenses. In the face of strong criticism from the Republicans and dropping approval ratings in opinion polls, late last month Spitzer offered a new plan - a three-tiered policy that will offer different licenses for people with various immigration status.
This time, Spitzer found himself a powerful partner and supporter- the Department of Homeland Security. But a number of people who backed the initial proposal, including many immigrant rights groups, are angry at what they see as a betrayal. And many who opposed the initial proposal do not like this one either.
A Federal Seal of ApprovalIn a joint press conference with Secretary of Homeland Security, Michael Chertoff, Spitzer unveiled his new license plan, five weeks after he introduced his initial proposal to offer a driver's license to any New Yorker who wanted one, regardless of immigration status. Under the revised plan, American citizens and legal residents will be able to apply for a license that meet the requirements of the REAL ID Act. This would allow them to board a plane and enter federal buildings. A second type of license, also available to citizens and legal residents, will allow its holders to cross New York-Canadian border without carrying a passport. Both licenses are federally approved.
But the real controversy surrounds the third kind of license. It is available to undocumented immigrants as well as legal residents and citizens who choose not to have the first two types of licenses. This license is only valid for driving and insurance. It will be marked "Not for U.S. government purposes."
" The comprehensive plan we have developed makes our state more secure by bringing more people into the system and provides the greatest number of people with the greatest amount of security possible," said Spitzer. "The new system provides New Yorkers with the option of three secure licenses that will offer New Yorkers maximum choices for driver's licenses, uphold the strictest security standard and ensure the economic vitality of Upstate New York."
Chertoff, while saying he does not endorse giving licenses to people who are not here legally, added that federal law does allow states to make that choice. “What we can do is insist that licenses that do not meet federal requirements be clearly so labeled,” said Chertoff. “New York has agreed to do that. In sum, that clarification, along with implementing REAL ID and enhanced driver’s licenses, represents a major step forward for security, both for New York and for the country. Accordingly, I’m pleased to have reached this agreement.”
A Boost for the REAL IDDespite the governor's insistence that he did not change his policy due to the heavy opposition, the new plan is widely seen as a compromise between a governor who is desperately seeking support from his own constituency and a federal agency that is struggling to persuade states to adopt a stricter license program that sets national standards for state-issued identification cards. These could be issued only to applicants who can prove citizenship or legal immigration status.
That program is based on the REAL ID Act. Initiated by a recommendation from the 9/11 commission, the REAL ID aims to set = stricter and standardized regulations in an effort to keep terrorists and illegal immigrants from getting U.S. identification cards or driver's licenses. Once the program is implemented, all ID holders of state identification cards and driver’s licenses will have to renew them in person by 2013. The will be required to present a form of photo identification and documents proving date of birth, Social Security number (or verification of ineligibility) and proof of residence.
Critics of the program have cited privacy concerns and threat of identity theft and say the REAL ID could cost more than $10 billion a year. Seventeen states have passed laws to rejecting it. Winning support from a big state like New York could be a big boost for the REAL ID.
Creating ControversyThe political storm over the license plan has presented Spitzer with him biggest challenge in his 10-month-old governorship. According to a pollby Siena Research Institute, 72 percent of New Yorkers did not support Spitzer’s original plan. His approval rate has fallen to 42 percent.
And the debate has entered the presidential campaign. Senator Hilary Clinton, a front-runner for the Democratic presidential candidacy, stumbled when asked about Spitzer’s proposal during the Democratic candidates debate in Philadelphia on October 30.
" What Governor Spitzer is trying to do is to fill the vacuum left by the failure of this administration to bring about comprehensive immigration reform," said Clinton during the televised debate. "Well, I just want to add, I did not say it should be done, but I certainly recognize why Governor Spitzer is trying to do."
The remark, supportive but vague, immediately drew criticism from her Democratic competitors as well as Republican presidential hopefuls. Both former Senator Carolina John Edwards and Senator of Barack Obama went after her during the debate.
“ Unless I missed something, Senator Clinton said two different things in the course of two minutes just a few minutes ago,” said Edwards.
“ I was confused on Senator Clinton’s answer. I can’t tell whether she was for it or against it,” Obama said.
Former New York Mayor Rudolph Giuliani was especially harsh. He told reporters in New Hampshire: "She is known for taking one position with one audience and another position with another audience. ...What they didn't know is she can actually take two positions in front of the same audience."
To quickly control the damage, Clinton officially voiced her support for Spitzer's three-tier plan just a few hours after her appearance at the debate.
" Senator Clinton supports governors like Governor Spitzer who believe they need such a measure to deal with the crisis caused by this administration's failure to pass comprehensive immigration reform," her campaign said in a statement. "As president, her goal will be to pass comprehensive immigration reform that would make this unnecessary."
“ Senator Clinton broadly supports measures like the ones being advocated by Governor Spitzer,” added Clinton spokesperson Phil Singer. “But there are details that still need to be worked out.”
A Scarlet ‘I’Clinton may not be clear where she stands on the latest version of Spitzer’s plan. But groups representing immigrants have left no doubt of their position: They do not like it.
Chung-Wha Hong, executive director of the New York Immigration Coalition, called the lower-tiered license “scarlet letter” for illegal immigrants, and the governor’s change of plan “complete betrayal.”
“ What a political flip,” said Hong, who organized a protest on October 28. “He’s now embracing and letting his good name be used to promote something that has been widely known in the immigrant community as one of the most anti-immigrant pieces of legislation to come out of Congress.”
John Liu, the City Council member from Flushing, Queens, who also attended the rally, said he was confused by the governor’s change of position.
“ Now the new development is not going to help the situation in terms of making sure people are properly licensed and insured to operate motor vehicles,” Liu said. “This is a new segregation in New York.”
Donna Lieberman, executive director of New York Civil Liberties Union, said the separate license could be an invitation for law enforcement to arrest undocumented immigrants who carry it.
“ Real ID -- a national ID card -- will facilitate the tracking of Americans’ movements,” said Lieberman in a prepared statement. “Each swipe of the card will leave a digital fingerprint that can be centralized into one national database to track Americans’ activities. Coming from the administration that brought us the Patriot Act and warrantless wiretapping, the possibilities are endless, as is the potential for abuse.”
Those Opposed Stay OpposedMeanwhile, many people who were against Spitzer’s original license plan do not like the three-tiered plan either.
This includes Mayor Michael Bloomberg, who had come out against the initial idea. When asked about the new one, the mayor told CNN, “I still don’t think that is where we need to be.” In particular, Bloomberg expressed concern about whether any of the three licenses would enable a person to buy a gun. Previously David Swartz, state commissioner of motor vehicles, had indicated the license for undocumented immigrants would be sufficient identification for purchasing a firearm. Sources in the governor's office denied this.
Rensselaer County Clerk Frank Merola, a member of the New York State Association of County Clerks who had filed a lawsuit against the original plan, said the suit would continue – despite Spitzer’s revisions. In counties outside New York City, Long Island, and Westchester, county clerk offices act as agents of the DMV to issue driver’s license. Some clerks have vowed not to issue licenses to people who cannot prove they are in the country legally.
" He hasn't changed anything," Merola said of Spitzer and his three-license proposal. "He's still looking to do the same thing that he was looking to do a month ago."
The State Senate, with a Republican majority, also passed legislation to overturn Spitzer’s plan. But the bill will most likely fail in the Democrat-dominated State Assembly. For their part, Republicans in the Assembly have said they will file a lawsuit to stop what they call as "illegal plan.” which was announced Saturday. The Republican leader of the Assembly, James Tedisco, said issuing licenses to undocumented immigrant would "make our state and nation a less secure, less safe place."
Responding to Spitzer’s latest proposal, Tedisco said, “"What he's done is make more people upset from both sides — those that supported him and those who were against him."
The governor plans to implement the three-tier licenses next year.
Driver's Licenses for the UndocumentedOctober 2007
Jola Z. wishes she could drive her kids to Six Flags one day. But with an expired U.S. tourist visa, the Polish native is not eligible to apply for a driver's license. Working under the table as a nanny since her arrival in Greenpoint, Brooklyn in January 2006, Jola (who would not give her full name) wants a car not for herself, but for her family.
"In Poland, people usually have one car per family," she said. "My husband used to love to drive, and my son would love to have it, too."
Now New York Governor Eliot Spitzer has granted her wish. He has announced that people applying for a driver's license will no longer have to show proof of legal immigration status. The policy will also introduce new anti-fraud measures, including a program to verify foreign passports and photo comparison technology that will prevent duplication of IDs.
Spitzer called the move a "common sense" change, saying the measure deals with the reality that hundreds of thousands of undocumented immigrants live in the state. "Allowing them the opportunity to obtain driver's license in a responsive and secure manner will help increase public safety," he said.
His decision, though, has set off vociferous opposition particularly from Republican politicians, but also from some Democrats, Mayor Michael Bloomberg and a number of the officials who would have to put the policy into effect.
Behind the Change
In announcing the new policy, Spitzer abolished a 2002 executive order from Republican Governor George Pataki that required license applicants to submit a Social Security number or proof that they are ineligible for one.
Spitzer has painted the move largely as a public safety effort. The change, he has said, will "increase the security of our license system by obtaining better and more verifiable information from applicants, which decrease the number of uninsured drivers on the roads, lower auto insurance rates for all drivers, and, when necessary help law enforcement agencies in their investigations."
Unlicensed drivers are almost five times more likely to be in a fatal crash than licensed drivers, according to the a report titled "Unlicensed to Kill" by the AAA Foundation for Traffic Safety, a Washington D.C.-based research and educational organization,.
The New York Department of Insurance estimates that expanded access to driver's licenses will reduce the premium costs associated with uninsured motorist coverage by 34 percent, which will save New York drivers a total of $120 million a year.
"The policy change allows the Department of Motor Vehicles to focus its resources on its core mission -- to ensure that every person driving on our roads is fit to drive and can prove his or her identity," said the department's commissioner, David Stewart. "Rather than bury our heads in the sand and pretend the problem does not exist, today we are choosing to confront it and in doing so greatly improve the safety of our roads."
The Next Step
In doing this, New York will become the ninth state that does not require driver's license applicants to prove legal immigration status, joining Hawaii, Maine, Maryland, Michigan, New Mexico, Oregon, Utah and Washington.
The policy change in New York does not require legislative approval. Implementation will take place in two phases. In Phase 1, former and current license holders will be able to renew their license regardless of their immigration status by the end of the year. Phase 2 will begin six to eight months after Phase 1 and open the application process to all New York State residents.
While Spitzer has the authority to change the policy in New York, he faces a strong challenge from the federal government's REAL ID Act. Signed into law by President George W. Bush in 2005, this establishes a national standard for issuing driver's licenses. That requires all applicants for state IDs and driver's license to provide documentation of legal immigration status in addition to proof of name, age and residence. If a state does not comply with those standards, its licenses will not serve as proper identification for entering a federal facility or boarding a federally regulated commercial plane. The standards must be met by May 10, 2013.
Mayor Michael Bloomberg, usually a close ally of Spitzer's and a pro-immigration politician, voiced opposition to Spitzer's plan, saying, that if it went ahead, New York State's driver's license might not be acceptable proof of identification for air travel. "People would need other form of identification, generally a passport, and that would be a very big problem," said the mayor.
Spitzer later blasted Bloomberg, saying that the mayor is "wrong at every level-dead wrong, factually wrong, legally wrong, morally wrong, ethically wrong."
The Opposition
Meanwhile, Republican elected officials across the state voiced stronger criticisms than Bloomberg, calling Spitzer's move is politically motivated and charging that it could endanger national security.
"Governor Spitzer should not view New York state driver's license like baseball cards-handing them out just to score political points," State Senator Dale Volker of Erie County told the New York Post.
James Tedisco, the Republican State Assembly minority leader from Schenectady, said terrorists will welcome Spitzer's license plan. "I think Bin Laden is popping the cork off some champagne right now when he hears something like this," Tedisco said.
Peter Gadiel, the president of 9/11 Families for a Secure America, who lost his son in the World Trade Center attack, echoed Tedisco's concern. "If the governor follows through with his plan, when there is another 9/11, it is likely those involved will have obtained New York drivers licenses," Gadiel said in a statement published on the group's Web site. "In that case, Spitzer will have on his hands the blood of the victims."
But the real challenge to Spitzer's announcement came from some of the state's county clerks. A number of clerks, particularly upstate Republicans, have said they will not issue licenses to undocumented immigrants—regardless of what Spitzer might say. This could lead to a legal battle.
"I'm not going to process a driver's license for someone who cannot prove they are here legally, Frank Merola, County Clerk of Rensselaer County told the New York Sun. "I know I am not going to do it. The governor is going to really have to take a second look at this."
Cheryl Dinolfo, the county clerk of Monroe County and a Republican, said, "I believe that the state DMV is asking my office to help illegal immigrants to break the law, and this policy is one that cannot stand."
But the Spitzer administration stands firm on the policy change. In 51 of the state's 62 counties, county clerks operate Department of Motor Vehicles offices as state agents. In New York City, Long Island and Westchester, the state operates the facilities.
"The county clerk must respond and adapt to DMV policy and not doing so would be a flagrant violation of state law," Christine Anderson, press secretary to the governor, has said. She told the New York Times that the county clerks would be subject to lawsuits by the state and license applicants if the offices turn away eligible applicants.
Despite the possible rebellion from the Republican county clerks, state officials said any refusal on their part would be unlikely to have a big impact since most of the undocumented population lives in New York City, Long Island and Westchester, where Department of Motor Vehicles offices are directly operated by the state. Meanwhile, upstate residents would be free to travel to those counties to apply for licenses.
For the Policy
Not everyone opposes the new license policy. Immigrant groups have hailed the announcement, applauding Spitzer for making a brave move in a political climate that is pushing for tightening identification standards and cracking down on identity fraud.
"New York State's new driver's license policy is a win-win for immigrants and for all New Yorkers and a giant step forward for public safety," said Chung-Wha Hong, executive director of the New York Immigration Coalition, an umbrella group for immigrant organizations. "Not only will the new policy enable more New Yorkers to get licensed and insured, making our roads much safer, but it will also make our licensing system far more secure and immune to fraud."
Nadia Marin-Molina, executive director of the Long Island-based Workplace Project, an immigrant advocacy group, said the policy was simply practical. "There are so many people here who are supporting families who need driver's licenses in order to continue to do that," Marin-Molina told Newsday. "People need to drive, especially on Long Island and upstate New York where there isn't good public transportation."
But to Jola, the Polish nanny from Greenpoint, Brooklyn, all these political debates and the national security concern over the driver's license seem irrelevant.
"The terrorists have their own ways of getting picture IDs," she said. "There are so many agencies that would make you a fake ID for $20, so I am sure they won't need the real one. They can get the fake ones if they want to."