Vol. 71/No. 43      November 19, 2007

Backing off his earlier plan to allow undocumented immigrants to obtain the same kind of driver’s license as other New York residents, Spitzer announced October 27 the creation of three types of licenses. One type of card will meet new federal standards for “secure” driver’s licenses required under the Real ID Act, a federal law that is to be implemented nationwide by 2013. It would require proof of legal residency.

The Real ID Act, adopted by U.S. Congress in 2005, is a step toward instituting a national identification card. It requires states to standardize licenses into a single national ID card, and establishes a database with personal information on state residents that will be accessible to the federal government and authorities in other states.

The federal law establishes that state’s driver’s licenses and ID cards will not be accepted for “federal purposes,” such as boarding a plane or entering a federal facility, unless they meet the law’s requirements.

Under the new Spitzer plan, a second type of state license would be available for those who frequently cross the border to Canada. Almost a substitute for a passport, it would require proof of citizenship, complying with the so-called Western Hemisphere Travel Initiative.

The third type of driver’s license would not require proof of legal residency. It would be clearly marked to show that it is not for “federal purposes.” Many are concerned that such cards would be used by cops to target undocumented workers for arrest and deportation.

The governor’s move to create a three-tiered license system “will have a devastating impact on our communities,” said the New York Immigration Coalition in a call for a protest outside the governor’s office against the plan.

The right-wing group Judicial Watch filed a lawsuit attempting to block Spitzer’s proposal on the grounds that it will give rights to undocumented immigrants.

Spitzer, who came under sharp criticism for his original proposal from Democratic and Republican politicians, told the press the new plan was the “perfect” policy. “You get Real ID, which Congress has determined is the right security measure, [and] you get driver’s licenses to undocumented immigrants,” he told the press. The two leading Democratic presidential contenders, senators Hillary Clinton and Barack Obama, back Spitzer’s latest proposal.

The plan is expected to be in place by mid-2008, making New York the first state to implement the new federal license.

Besides New York, Arizona, Vermont, and Washington state have reached agreement on federally approved driver’s licenses.

In addition, laws in several states require people to show government-issued photo ID to vote. In Georgia, passage of such a law in 2005 sparked protests by civil rights groups and unions. They objected that the measure would limit voting rights, especially among those in rural areas, Blacks, immigrants, and elderly workers, who are less likely than others to have the required identification documents.
 
 
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