New York State Update

October Update

October 9, 2007

Policy Statement on Governor Spitzers Driver's License Rule Changes

The Coalition for a Secure Driver’s License (CSDL) is a grass roots organization with members in 48 of the 50 states. More than 150 of our members reside in New York. Our central objective is to educate the public and elected officials regarding the critical importance of higher driver’s license identity and physical security standards. We believe the overwhelming majority of U.S. citizens and legal residents support our view. In a recent poll, the Information Technology Association of America (ITAA) found that 82% of adults favor secure driver’s licenses. The poll also found that 85% of Americans believe that secure driver’s licenses improve homeland security and reduce fraud and identity theft.

In 2005, Congress passed the REAL ID Act (Public Law 109-13) based on the recommendations of the 9/11 Commission. The Commission called for strong and uniform standards for identifying people applying for drivers’ licenses throughout the nation. CSDL played a key role in educating Congress about the necessity for secure driver’s licenses as a good public policy. CSDL agrees with the public and with federal law that secure driver’s licenses should be issued by states only to those who provide substantive proof of identity. To comply with Public Law 109-13, if states wish to issue drivers’ licenses below that standard, then the substandard licenses must be boldly marked as to be “NOT FOR FEDERAL IDENTIFICATION PURPOSES” so airport inspectors and law enforcement personnel know that those presenting such documents may not be who they claim to be.

CSDL Opposes The Spitzer Rule Change Because Requiring A Social Security Number (SSN) To Obtain a Driver’s License Is A Good Public Policy

The Tax Reform Act of 1976 authorized the states to require a SSN to obtain a state issued driver’s license. This was done to help combat the widespread driver’s license fraud by tax cheats, criminals hiding from the law and deadbeat dads hiding from court ordered child support. New York adhered to that policy for many years for those reasons, in the process saving $ millions in collected taxes, recovering $ millions in child support payments for destitute moms and preventing an untold number of crimes. By preventing people from taking assumed identities, the state prevents crime, as well as thwarting foreign terrorists.

The use of a SSN to obtain a driver’s license remains absolutely necessary today. Driver’s license applicants should provide SSNs to establish that they are who they say they are. Prior to Spitzer’s change, New York has verified with the Social Security Administration that numbers presented were valid and associated with the same names as the applicants. Under the prior rule, New Yorkers were more secure!

CSDL Opposes The Spitzer Rule Change Because It Endangers New Yorkers

Spitzer’s declared reason for the rule change is promote public safety to ensure that illegal aliens are subject to driver’s license examination and are able to obtain auto insurance. However, the rule changes actually endanger New Yorkers in numerous ways that Spitzer has chosen to ignore. For example:

1. Risk of harm from foreign terrorists – who will obtain New York driver’s licenses to hide their real identities while they pursue plans of mass destruction to New York City landmarks.
2. Risk of harm from those who have lost their licenses as a result of Driving Under the Influence (DUI) and can now regain their driving privileges under assumed names, by claiming to be “undocumented.”
3. Risk of harm from criminals “on the run from other states and countries who move to New York to hide from law enforcement under assumed names obtained from stolen passports, fraudulent foreign birth certificates or other “purchased” valid documents that they use to mask their true identity. Under Spitzer’s rule, it will be especially easy for LEGAL immigrants, who are wanted by U.S. law enforcement, to escape justice by pretending to be illegal aliens without documentation under an assumed name.

CSDL Opposes the Spitzer Rule Change Because It Will Cost New Yorkers

Spitzer’s Rule may lower insurance rates, but he has offered no objective data to support that claim. The more likely outcome will be an influx of people who have lost their licenses due to their driving records in other states coming to New York to get licenses as “undocumented immigrants.” These bad drivers will be back on the road under a new name with a New York driver’s license.

There is objective data that foreign terrorists mask their identities by obtaining valid identity documents through fraud (See 9/11 Commission staff report for details) and that the attack on the world trade center cost New York many $ billions. There is objective data in the form of the proposed REAL ID federal regulations, which explain why improving the identity requirements for driver’s licenses is a national priority, and is federal policy. Governor Spitzer needs to stop citing non existent data and misquoting the 9/11 Commission and start paying attention to national homeland security laws. He needs to understand that his oath as Governor requires him to uphold both state and federal law.

September Update

September 26, 2007

When Eliot Spitzer was running for Governor he said, “denying driver’s licenses is like denying the American dream.” Now he has made his dream for illegal aliens and, more importantly, any foreign visitor with a passport, a nightmare in waiting. Mr. Spitzer ran for Governor on a platform of providing driver’s license and state benefits to illegal immigrants, and he is keeping his promise. Mr. Spitzer claims his decision “will increase public safety” and “lower insurance rates” by handing out driver’s licenses to “tens of thousands of undocumented, unlicensed and uninsured drivers.” But at what cost to the rest of us? Under the new rules published this week, Iranian President Mahmoud Ahmadinejad can pick up a New York driver’s license the next time he’s in town, merely by showing his passport to the DMV.

The problem is much more complex than driver safety. New York City remains a high priority target for Osama Bin Laden. The new DMV rule ordered by the Governor gives the green light to offer foreign terrorists New York state drivers’ licenses. Mr. Spitzer is clearly not connecting the dots between insecure travel documents and terrorism as the 9/11 Commission did when it recommended high federal standards for ID documents like driver’s licenses! Five years later, he still doesn’t get it.

How about the rest of us? In October, the federal government will issue the regulations to implement the REAL ID Act. One requirement will be that any non-compliant driver’s license must be clearly marked as “Not for Federal ID Purposes.”

By contrast, the New York DMV has already announced that driver’s licenses issued to illegal aliens “will look the same as other NYS driver license documents,” and presumably have the same multi year term. Does that mean Mr. Spitzer does not intend to comply with the REAL ID Act? Regardless, it does mean that a New York license presented by a law abiding citizen will look identical to one presented by someone who has been here just long enough to get a New York license.

It also means that foreign visitors, from any country on earth, have the opportunity to acquire a New York driver’s license and use it for widespread travel in the United States, or for any other identification purpose they choose. When the 9/11 terrorists boarded planes on their last day on earth, they presented driver’s licenses from Florida, Virginia and Maryland. All three of those states have since tightened their rules to prevent a similar recurrence. In contrast, Mr. Spitzer is taking a giant step backward to provide the next Al Qaida conspiracy greater convenience and excellent customer service at the New York DMV!

July Update

July 24, 2007

Dear Senator Bruno,

We have received recent information that Governor Spitzer remains committed to changing New York state law and regulations in order to provide driver’s licenses and other state identity document to undocumented immigrants, also known as illegal aliens.

CSDL does not take a position on immigration policy or law. However, CSDL does support strengthening driver’s license rules embodied in federal law so states don’t issue licenses to anyone who refuses to provide substantive proof of identity. New York law and regulations for driver’s licenses currently do that very well, to the dismay of many who don’t understand that under federal law, New York State law, and even certain international laws, “immigrant” is a legal term that is defined by documents issued by a central government agency, to be contrasted with “illegal alien.”

While we don’t share the Governor’s position, there is a lawful alternative he can pursue. Public Law109 -13 implementing regulations provide for alternative documents of which Governor Spitzer can avail himself to keep his campaign promise. Under the regulations, which will likely become final in few weeks, a state can still comply with the federal law establishing minimum standards for most people, and provide a separately formatted card for people not providing proof of identity. To do that, New York state must plainly and prominently mark the driver’s license as to “not be for identification purposes” so airport inspectors and law enforcement personnel know that those holding such a document may not be who they claim to be. That way, the vast majority of New Yorkers – U.S. citizens and those lawfully present immigrants and guest workers – can enjoy the freedom of movement that holding a “REAL ID compliant” driver’s license will provide. In short, the rest of us won’t have to carry a passport or other identity document to board an airplane or enter a government building.

Please allow me to remind you that while all 9/11 terrorists entered the United States with visas, several overstayed their visas and became illegal aliens. Had the terrorists’ plans been further delayed, all would have become illegal aliens before crashing into the towers.

In many states today, foreign visitors with passports and visas can obtain valid driver’s licenses, and those licenses are not limited to the term of their visas. Most of those foreign visitors will return home without further use of those documents. Sadly, among those who overstay their visas and remain as illegal aliens will be terrorists and criminals.

Those same terrorists and criminals will continue to have valid identity documents that allow them to travel throughout the United States long after their period of legal presence has expired. Public Law 109-13. PL 109 – 13 requires that practice to end, and Governor Spitzer owes it to the people of New York to explain how their physical safety and travel convenience will be imperiled by dumbing down our current high standards of proof of identity for driver’s licenses. More immediately, in 2008 the REAL ID requirements will began to effect the large majority of legal residents of New York, who will want to use their driver’s licenses for air flight and entry to federal buildings, and the Governor’s declared intent will effectively end their ability to do so by moving New York away from REAL ID compliance.

CSDL has taken note of the recent National Intelligence Estimate which states that Al Qaeda and affiliated terrorist organizations are presenting an increasing level of threat to those of us in the Homeland. There is ample information available to demonstrate that the recommendation of the 9/11 commission’s recommendations regard the importance of secure documents to thwart terrorists. The legislature of New York must uphold its past commitment to the safety and security of all New Yorkers by resisting the Governor’s reckless approach to identity security.

The governor’s office, shortly after Governor Spitzer took office, declared that no changes would be made in NY DMV procedures until it was certain that homeland security would not be affected. That pledge must be renewed.

We in CSDL speak on behalf of all the New York City residents in harms way should the terrorists decide to strike us again. Many have called the struggle against Islamic terrorism as the “long war.” We agree it will be a multi year struggle to defend ourselves from these foreign fanatics, and ask you to maintain your strong leadership on homeland security matters as long as it takes. We ask your help to not lower our guard during this long war.

CSDL will in attendance at the National Conference of State Legislators gathering in Boston ion early August--we hope to announce Majority Leader Bruno's support for ensuring that New York State is among the first states to comply with PL109-13.

Sincerely,

Brian Zimmer

President