Lawsuit filed as pressure County clerk sues DMV; opposing bill passes in Senate as GOP pledges to fight Spitzer plan
By JAMES M. ODATO and KENNETH C. CROWE II, Staff writers Click byline for more stories by writer. First published: Tuesday, October 23, 2007
ALBANY -- Opponents of Gov. Eliot Spitzer's plan to allow illegal immigrants to gain driver's licenses turned up the pressure on the first-term Democrat on Monday, with Rensselaer County's elected clerk filing a private lawsuit, Assembly and Senate Republicans threatening taxpayer-funded litigation and several hundred citizens rallying against the governor's "unilateral" act. "We are going to do everything that we can to keep that from happening," said Senate Majority Leader Joseph L. Bruno, R-Brunswick, in supporting a bill passed Monday night to derail the governor's action.
Rensselaer County Clerk Frank Merola, a Republican, sued the state Department of Motor Vehicles in Albany County in an effort to block the governor's policy and, as Merola told demonstrators on the Capitol steps, "to stop this nonsense."
"The governor is not listening to the people; perhaps he may listen to the courts," Merola said. "New York residents have stated loudly and clearly that we are not in favor of giving licenses to illegal aliens and all we get from the governor are lectures on how we are wrong, and that if we were as smart as he was, we would understand and support this policy," Merola said.
Merola drew enthusiastic support from the crowd of about 200 people.
Holding a sign that read, "Don't Steamroll Our Safety," Richard Benz, 62, of Wyantskill said, "I voted for Spitzer. I regret it. Our country needs a lot more border protection."
"We're not against immigration. We're against illegal immigrants," said Karen Gilmore, 63, of Albany.
Spitzer, who met privately with Democratic lawmakers, some of whom also dislike the directive, insists it is legal and seemed undeterred by the heavy criticism and a recent poll showing more than 70 percent of New Yorkers dislike his licensing plan. He said he governs according to principle, not polls.
"That is part of the discourse we have on tough issues and that's wonderful, as it should be," Spitzer said. "Some of the rhetoric that has been imposed and brought into this issue is not only overheated but ... counterproductive."
Some of Spitzer's Democratic allies in the Senate minority and Assembly majority portrayed him as showing leadership amid fear-mongering and an undercurrent of racism.
Citing the use of fraudulent driver's licenses by the terrorists of Sept. 11, 2001, Bruno and other opponents charged that the governor's program will cause safety and security breaches and voter fraud.
Supporters said Spitzer's move will enhance security by bringing illegal immigrants out of the shadows. They denounced references to the World Trade Center terrorists.
"Racists ... are having a ball," said Sen. Rubin Diaz Sr., D-Bronx, adding that he was referring to people outside the Senate.
"There is no connection between immigration and terrorism," said Sen. Jose Serrano, D-Bronx.
He backed Spitzer's assertion that New York motorists would save $120 million because illegal immigrants who register their cars will become insured, an estimate from the state Insurance Department that opponents consider dubious.
Following more than three hours of arguments, a bill from Sen. Frank Padavan, R-Bellerose, passed along party lines, 33-19. The legislation would require applicants for driver's licenses and nondriver identification cards to provide proof of U.S. citizenship or lawful presence in the United States.
A few Democrats in competitive districts voted with the Republicans, including Andrea Stewart-Cousins of Westchester County, David Valesky of Syracuse and Craig Johnson of Nassau County.
Sen. Neil Breslin, D-Bethlehem, said he sided with Spitzer despite opposition from his constituents because he believes extending driving privileges is the right thing to do, and Spitzer's opponents are "pandering to people's emotions."
In the Senate debate and in an Assembly GOP news conference, Republican lawmakers expressed outrage at the governor's failure to consult with them or the public before announcing on Sept. 21 a policy to grant licenses to New York's more than 500,000 illegal immigrants.
That could happen as early as December if an applicant can produce identification such as a passport or birth certificate. He would no longer need a Social Security number or a letter explaining why he lacks one.
Assembly Republicans plan to push today for legislation blocking the policy and providing immunity to county clerks who defy it. Although the effort is expected to fail in the Democratic-controlled chamber, Minority Leader James Tedisco said it could help expose Democrats who "have been hiding in the weeds on this issue."
Assemblyman David Townsend, R-Rome, said the Spitzer initiative is part of a conspiracy to get illegal immigrants registered as voters in time to vote for Sen. Hillary Rodham Clinton, D-N.Y., next year in the presidential primary and general election.
Under the conspiracy, he said, even "Senor Tedisco" could vote.
Spitzer suggested Townsend's comments are illogical. "A driver's license is not a ticket to voting," Spitzer said. M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.
CAPITOL Several Democrats reject licenses for illegal aliens GOP-controlled Senate votes to oppose Spitzer’s proposal BY BOB CONNER Gazette Reporter
Support for Gov. Eliot Spitzer’s plan to let illegal immigrants qualify for driver’s licenses slipped Monday, with numerous members of his own Democratic Party coming out against it. They included Susan Savage of Niskayuna, chairwoman of the Schenectady County Legislature. Savage said most members of the Legislature’s Democratic caucus met Sunday evening and were unanimous in opposing the Spitzer policy. She said the Legisla-Savage Farley ture would vote on the matter next month, but Democrats would not necessarily endorse a Republican resolution instructing the county clerk not to cooperate with the governor’s plan. Legal research on that issue is under way, Savage said. The state Senate on Monday voted 39-19 to oppose the Spitzer plan. All Republicans who were present, including Hugh Farley of Niskayuna and James Seward of Milford, voted for the legislation to block the governor’s action. Eight Democrats voted with the majority. They did not include Sen. Neil Breslin, D-Delmar, who voted against the bill and in support of the governor’s plan. During the floor debate, Sen. Dean Skelos, R-Rockville Centre, read from a Daily News blog con- cerning two Democratic candidates for the Schenectady County Legislature, incumbent Tony Jasenski and Bob Godlewski, who are circulating a petition asking the governor to reverse his position. The Republican county Legislature candidates, including incumbent Carolina Lazzari and Angelo Santabarbara in that western Schenectady County district, also oppose the governor’s plan. Assembly Speaker Sheldon Silver, D-Manhattan, supports the governor on this issue, but not all members of his Democratic conference agree. Opponents include Assemblyman Bob Reilly, DColonie. Reilly said, however, that he probably would not vote for a hostile Republican amendment to reverse the plan if and when the Assembly goes into session today. Those votes are typically on whether the amendment is “germane” to a particular bill, and it usually is not, Reilly said. Assemblyman Tim Gordon of Bethlehem, an Independence Party member who normally votes with the Democrats, said he, too, opposes the Spitzer plan. Gordon said he did not know how he would vote on the Republican amendments. Two Republican county legislators, Minority Leader Bob Farley of Glenville and Joseph Suhrada of Rotterdam, were among a couple of hundred demonstrators at a noon rally opposing the Spitzer policy. Assembly Minority Leader James Tedisco, R-Schenectady, gave a fiery speech there. Spitzer himself vowed to press ahead with his plan, and announced that former New York City Police Commissioner William Bratton supports it. Bratton is currently Los Angeles police chief. He was quoted in a Spitzer statement as saying it would be valuable to have illegal immigrants’ “identifying information on record such as photographs and addresses which could prove helpful in the fight against crime and terrorism.” Asked if license applicants would be checked to see if they were on the federal terrorism watch list, Spitzer said they would be, referring a reporter to a speech he gave last week. It is not clear, however, from that speech and other previous statements, exactly what his proposal entails. A spokeswoman, Christine Pritchard, issued a statement later saying: “Law enforcement agencies have full access to DMV’s database to track potential criminals and terrorists. In fact, the state DMV database gets more than 100,000 inquiries a day from the New York State Police Information Network alone. We will continue to work to determine what database checks will be included in the Enhanced Identification Verification process.” Republicans seemed united in opposition. One of them, Rensselaer County Clerk Frank Merola, filed a lawsuit in state Supreme Court against the commissioner and Department of Motor Vehicles, which is implementing Spitzer’s policy change. Spitzer and the Republicans have diametrically opposed positions on the legal responsibility of the county clerks in regard to carrying out the new policy, which Spitzer imposed by administrative order. It is being phased in, with the first phase to take effect in December. Tedisco also is vowing to sue Spitzer. Assembly Majority Leader Ron Canestrari, D-Cohoes, was scheduled to return today from vacation. His spokesman, Pete Gannon, said Canestrari has not yet taken a position on the issue, but has encountered opposition in his district to the Spitzer policy. Assembly Democrats met in conference Monday evening, and were tentatively scheduled to go into session today. Another senior Assembly Democrat, Richard Brodsky of Westchester County, said that while he supports the governor’s policy, “The way it was handled has created a political firestorm and obscured the merits.” Brodsky said he, too, has a found a lot of opposition in his district.
Notice again that in the hardcopy of the paper for this article this morning, there was no mention of the Republicans being against this. They even put Susan Savage's picture near the article as if the whole thing was her idea. They did, at least, have a picture of Senator Hugh Farley next to her, but how much do you want to bet that they try to spin this that the County Bill was a Democrat idea?
Savage said most members of the Legislature’s Democratic caucus met Sunday evening and were unanimous in opposing the Spitzer policy. She said the Legislature would vote on the matter next month, but Democrats would not necessarily endorse a Republican resolution instructing the county clerk not to cooperate with the governor’s plan. Legal research on that issue is under way, Savage said.
So, Ravage's plan is to pass a resolution without consequence that expresses opposition to Spitzer's plan, but does nothing to address the issue. This is playing it right down the middle. I could have predicted her approach. She is doing nothing to prevent outlaws from being awarded the privilege of being granted NYS drivers licenses. The result is that illegal aliens will use the licenses to register to vote. Their participation in the 2008 presidential election will favor the Democratic party. Savage will be awarded a patronage job by Spitzer.
The Democrats on the County Legislature better decide for themselves, rather than blindly following Savage's plan. Those who oppose the will of the public will be soundly defeated in their next reelection try.
As soon as Suzy gets a job offer from Spitzer she'll cut all ties with her supporters and it'll be every man/woman for themselves. I hope you're right about every legislator who opposes the will of the people will be defeated Zim because we sure need some people on the County Council who sincerely want to help the residents reduce taxes and spending.
States must require documentary evidence that an applicant is a citizen or national of the U.S. or is a non-citizen who is lawfully admitted for permanent or temporary residence; has conditional permanent resident status; is an asylee or refugee; has a valid, unexpired nonimmigrant visas or nonimmigrant visa status; has a pending asylum application; has a pending or approved application for temporary protected status (TPS); has deferred action status; or has a pending application for adjustment of status to lawful permanent residence.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
CAPITOL Move to block license plan fails in Assembly vote BY BOB CONNER Gazette Reporter Reach Gazette reporter Bob Conner at 462-2499 or bconner@dailygazette.net.
Republican efforts to block Gov. Eliot Spitzer’s controversial driver’s license plan failed Tuesday in the Democratic-controlled state Assembly. Tuesday also marked the end of this week’s legislative session, with the Assembly following the Senate out of town. There was no agreement to enact bills passed addressing major unresolved issues including campaign finance reform, Wicks Law reform, capital spending, tax cuts for senior citizens, or the future of thoroughbred horse racing. The gridlock reflects the partisan standoff since early summer between Gov. Eliot Spitzer, a Democrat, and Senate Majority Leader Joseph Bruno, R-Brunswick. However, the Republican-led Senate on Monday evening did confirm most of those who had been nominated for various positions by Spitzer. The ninety-four nominees confirmed include Daniel Gundersen as commissioner of the Department of Economic Development overseeing upstate economic projects, and Patrick Foye as director of the Urban Development Corp. Carl Hayden and H. Carl McCall were confirmed to the State University of New York board of trustees. Richard Booth, Frank Mezzano and Curtis Stiles were confirmed to the Adirondack Park Agency board. Singer Natalie Merchant was confirmed to the state Council on the Arts. The 23 nominees who have not yet been confirmed were mostly nominated very recently, according to Bruno spokesman Scott Reif. No nomination has been voted down in the Senate. Assembly Minority Leader James Tedisco, R-Schenectady, offered an amendment to a Suffolk County tax bill that would have prevented the governor from implementing his plan to let illegal immigrants qualify for driver’s licenses. As Tedisco spoke in favor of his amendment, Speaker Sheldon Silver, D-Manhattan, made a rare appearance on the Assembly floor. Silver was not there, however, to listen to Tedisco, but instead chatted with Democratic members and aides. Assemblywoman Aurelia Greene, D-Bronx, who was chairing the session, ruled Tedisco’s amendment as not germane to the tax bill. Tedisco appealed that ruling, and it was upheld by a vote of 85-57. Since Democrats have a 108-44 advantage in the Assembly, the vote total shows the Republicans picked up some Democratic support. Assemblymen Bob Reilly, DColonie, and Tim Gordon, I-Bethlehem (who normally sides with the Democrats), both voted with the Republicans. Assemblyman Jack McEneny, D-Albany, voted with the majority because he judged the amendment was not germane. But on the driver’s license issue, McEneny said, he is undecided, needs more information, and does not think the governor has handled it well. Assembly Majority Leader Ron Canestrari, D-Cohoes, missed the vote because he arrived back from vacation in Italy just before the end of the session. But he would have voted with the majority, he said, and supports the governor’s policy. Tedisco rejected the governor’s contention that putting information about illegal immigrants into the Department of Motor Vehicles database will be helpful to law enforcement, because, he said, the DMV will destroy the information after collecting it. Spitzer got some legal support Tuesday from Attorney General Andrew Cuomo, who issued a statement saying his office is defending legal challenges to the driver’s license policy, and expects to be successful. Cuomo’s statement said the attorney general’s office has previously argued “that the requirement of American documents was not aimed at excluding undocumented aliens or otherwise enforcing the immigration laws, but rather it was aimed at providing the commissioner [of motor vehicles] with verifiable documents to guard against fraud. We presented that argument to the courts through the affidavits of DMV officials and the majority of the Court of Appeals accepted it.”
That was xenophobia that was on such crass display outside the state Capitol on Monday. Shame on the Republican legislators, most notably Assembly Minority Leader James Tedisco of Schenectady and Senate Majority Leader Joseph Bruno of Brunswick, for egging on that rather small but decidedly hateful mob. There's a way to object to Governor Spitzer's order that illegal immigrants be able to obtain New York state drivers' licenses. That would be civil -- dare we say thoughtful? -- debate in the chambers of the Legislature. It would be in the lawsuit filed in state Supreme Curt by Rensselaer County Clerk Frank Merola, otherwise a particularly shrill critic of the governor's intention to bring order and maintain public safety in a state where 500,000 undocumented immigrants live and aren't about to leave.
Eight Senate Democrats voted with Mr. Bruno and against a governor from their own party in supporting a measure that would require proof of citizenship or legal residency in order to get a license. They did so, however, without cheapening themselves by demeaning undocumented immigrants or so personally attacking Mr. Spitzer.
But there's also a way not to object, one that smears New York's proud legacy of welcoming immigrants and thriving on the economic and cultural contributions they make.
"Ill-egal is a sickness," read some of the signs brandished at Monday's rally on the Capitol steps, where Mr. Tedisco was a featured speaker.
Sen. Neil Breslin, a Democrat from Bethlehem, succinctly described such a spectacle for what it is -- pandering. These are people who are supposed to lead, not rile the raw emotions of those who refuse to consider the governor's decision on its merits and on the facts.
David Townsend, a Republican assemblyman from Rome, could stand a refresher course in civics if he truly thinks Mr. Spitzer is trying to rig the system so illegal immigrants can vote for Hillary Rodham Clinton for president next year.
Voting isn't like driving, Mr. Townsend. Citizenship is a requirement.
Mr. Spitzer deserves admiration, not condemnation, for adhering to what he sees as principle. Effective governing isn't a popularity contest. His is an office that demands more than reading of public opinion polls.
The real issue, more important than the requirements for obtaining a driver's license, is how such decisions are made. Mr. Spitzer calls it discourse.
"Some of the rhetoric that has been imposed and brought into this issue has not only been overheated but, I would say, counterproductive," come the reasoned words of a governor who's reviled in some quarters for ruling by fiat.
Mr. Spitzer is under siege for what his enemies call a unilateral act, one that Mr. Bruno says they'll do all they can to stop.
But what if they can't? What if providing licenses to undocumented immigrants who'd come out of the shadows and into the sights of the authorities is indeed the law in New York?
What will Mr. Tedisco and Mr. Bruno and the zealots they're encouraging do then? [quote][/quote]
An e-mail from Senator Farley: (I added in the addresses for the links that he had embedded in the e-mail.)
Quoted Text
Dear Friend:
The New York State Senate was called into Session this week, and one of the top priorities was passing legislation that would stop Governor Spitzer's plan to issue driver's licenses to illegal aliens.
Our bipartisan efforts in the Senate were successful in passing the legislation that would require an applicant for a driver's license or non-driver identification card to submit a Social Security number. When a Social Security number cannot be provided, the applicant must demonstrate they are ineligible for a number and provide satisfactory proof that the applicant's presence in the United States is authorized under federal law.
Unfortunately, the Assembly was not as successful. While there was bipartisan support to also stop the Governor's plan, the efforts were beaten back numerous times.
This now means that unless the Assembly is successful in another attempt, or a lawsuit instituted by County Clerks is successful, the Governor's administrative policy change that will give driver's licenses to illegal aliens will go into effect before the end of the year.
Polls show that the vast majority of New Yorkers are against this plan. We in the Senate are continuing to fight for our constituents and against this policy change.
SENATE PASSES BILL TO PROHIBIT DRIVERS LICENSES FOR ILLEGAL ALIENS "This issue has galvanized my constituents, with nearly 100 percent of those who have contacted me opposing the Governor's plan," Senator Farley said.
Tuesday, October 23, 2007
The New York State Senate today passed legislation that would stop Governor Spitzer’s plan to issue drivers licenses to illegal aliens by requiring a social security number or proof of authorized presence in the United States to obtain a New York State drivers license or non-driver identification card.
"I have never seen such strong and united opposition to a proposal by the Governor," Senate Majority Leader Joseph L. Bruno said. "Governor Spitzer’s plan to give drivers licenses to illegal aliens has incensed New Yorkers in every part of the State and every political party because they see the threat it would pose to public safety and security. The Governor insists on moving forward with this plan, but today the Senate passed legislation to stop it. I urge the Assembly to pass this bill to send a clear message to the Governor that he should drop this plan."
The legislation (S.6484) the Senate passed today is sponsored by Senator Frank Padavan (Queens). It would require applicants for a drivers license or non-driver identification card to submit a social security number. When a social security number cannot be provided, the applicant must demonstrate they are ineligible to get a number and provide satisfactory proof that the applicant's presence in the United States is authorized under federal law.
"My legislation ensures that the most important form of personal identification, the New York state drivers license, maintains its high standard of security and integrity," Senator Padavan said. "This comprehensive legislation reverses the Spitzer administration’s dangerous policy that grants illegal aliens drivers licenses and enacts the necessary safeguards to help eliminate the fraudulent issuances of drivers licenses throughout the state while helping to protect the safety, security and well-being of all New Yorkers."
The Senate held a public hearing on the legislation last week. Experts on national security, immigration, secure drivers licenses and ID cards, and representatives of the families of 9/11 victims spoke out against the Governor’s plan, calling it a threat to security.
Senator John Flanagan (R-C-I, East Northport), a co-prime sponsor of the bill, said: "The governor's policy change was put in place without any public debate or public vote and, on an issue this important, that is an unacceptable way to govern. Millions of New York residents have stated that they are opposed to this policy and today's vote will let them know that their voice is vital to the process and that their opinion will not be ignored. This is a policy that weakens our collective security and I am hopeful that the Assembly will join us in voicing the people's opinion that this is wrong for our state."
Senator Vincent Leibell (R-C-I, Patterson), Chairman of the Senate Committee on Homeland Security, said: "We are examining our full array of options, including passing legislation, holding public hearings and the commencement of litigation, to enjoin his attempt to put all our citizens at risk. Before this action taken by the Governor, New York State was the national benchmark for assuring the security and reliability of its drivers licenses. A drivers license is the most important, uniformly recognized identification document used in the United States. This action of the Governor would seriously place every New Yorker at risk and dramatically compromise our security."
Senator Martin Golden (R-C, Brooklyn) said: "The Governor’s proposal to give illegal immigrants drivers licenses is wrong on so many levels. It flaunts the Constitution and the laws of our Nation as well as of our State, and puts the lives of all New Yorkers at risk. The reason we passed this legislation is because the Governor turned his back on the wishes of his constituents and is pursuing an ill-conceived and potentially deadly agenda."
Senator Hugh Farley (R-C, Schenectady) said: "This issue has galvanized my constituents, with nearly 100 percent of those who have contacted me opposing the Governor's plan. Many people in our area are first- or second-generation immigrants who have worked hard to become American citizens. They are strongly opposed to the Governor's efforts to reward lawbreakers, while, at the same time, making it more difficult for law-abiding citizens to comply with federal identity requirements."
Senator Dale M. Volker (R-C-I, Depew) said: "Illegal aliens receiving legal New York drivers licenses smacks in the face of smart and sound public policy. Now, the Governor wants to give motor-voter documentation to these same illegal aliens so that they may be able to vote. The public is outraged by these non-sensicle proposals and the bill we passed today will right the Governor's wrong. Governing by edicts and circumventing our democratic institutions must stop, governing to score political points at the expense of sound public policy must stop, and listening and cooperating with the State Legislature to get results on a myriad of economic development, tax relief, job creation, and sound criminal justice policies must begin."
State Senator Serphin R. Maltese (Queens) said: "Ultimately, this is a serious gap in our national security - we may as well hand the terrorists the keys to the state. In the fight against terrorism, we are only as safe as our weakest link and Governor Spitzer is making New York State the weak link. It is a recipe for disaster. We need to remember a drivers license is a privilege, not a right."
Senator Carl L. Marcellino (R-Syosset) said: "We are all the children or grandchildren of legal immigrants. They, and millions like them, built this great country. All are welcome in America, but through the front door, not the back door. Our driver’s license must remain one of the most important documents the government issues to establish one’s identity."
Senator Mary Lou Rath (R-C-I, Williamsville), Chair of the Senate’s Tourism, Recreation and Sports Development Committee, said: "By trying to enforce a policy that was not properly vetted by the public and the Legislature, the Governor is not only compromising our state’s security, he is jeopardizing our citizens’ ability to travel--particularly cross-border travel. Much tourism is generated by Canadian and Western New York residents attending sporting events and participating in recreational activities. Invalidating our drivers license as a means of ID certainly would limit the ease of travel we now enjoy."
Senator Joseph Griffo (R-C, Rome) said: "Jamming a major public policy decision down the throats of county clerks is an arrogant exercise in the abuse of power. Our system of government is built on openness and debate, not decisions reached in isolation."
Senator John A. DeFrancisco said: "The Governor's executive order flies in the face of both state and federal law and could potentially jeopardize the safety and security of all New Yorkers. Furthermore, a majority of New Yorkers are opposed to the Governor's plan. The legislation we passed today is a necessary step in helping to protect New Yorkers and uphold the law."
Senator Bill Larkin (R-C, Cornwall-On-Hudson) stated: "I believe we should listen to the more than 70 percent of New Yorkers who oppose this radical plan by the Governor, as well as to the families of the 3,000 murdered on September 11th who, as a united group, have publicly called all states to join the overwhelming majority of the states that have enacted bills to ban the issuance of drivers licenses to illegal immigrants and other lawbreakers."
Senator Michael F. Nozzolio (R-C, Fayette) said: "Thousands of my constituents have contacted me to express their strong opposition to Governor Spitzer’s proposal to grant drivers licenses to illegal aliens. This misguided policy by the Governor raises serious issues for our homeland security agencies charged with the responsibility to protect our borders and safeguard our security. It would also result in tax increases as New York State residents struggle to bear the costs of housing, education and medical services to individuals who will seek New York out as a place to live."
Senator Owen H. Johnson (R-Babylon) said: "People who are here in the United States legally and can meet the requirements for a New York State drivers license should continue to be able to obtain one. As for loosening the standards for the drivers license and allowing those who are here illegally to obtain one, I am absolutely opposed. It’s not only a threat to our safety and security, it’s just plain wrong. That’s why I am supporting this legislation today. I hope the Assembly will join us in passing this legislation so that this ill-advised policy can be stopped."
Senator George Winner (R-C, Elmira) said: "In an era defined by homeland security, the Governor’s action is outrageous. To take the action with no public input, and even on short notice to the county clerks charged with carrying out the misguided policy, is arrogant."
Senator Tom Libous (R-C-I, Binghamton) said: "Hundreds of concerned citizens in my District have reached out to me and remain almost unanimously against the Governor’s proposal. This is a non-partisan issue across the State and in the Southern Tier. That’s why the Governor should halt his plan. It threatens our safety and wrongly rewards people for breaking the law."
Senator Steve Saland (R,I,C Poughkeepsie) said: "New York was at the epicenter of the tragic events of September 11, 2001, and that horrific day taught us that we must be vigilant to keep our State and country safe. The simple precaution of requiring a Social Security Number to prove one’s legal status in this country is a commonsense way of helping to prevent terrorists from obtaining one of the most routinely accepted forms of identification used in this country."
Senator Dean Skelos (R, Rockville Centre) said: "Governor Spitzer's plan poses a threat to public safety and security, diminishes the value of licenses held by law-abiding citizens, opens the door to potential voter fraud and rewards illegal behavior. It is not surprising then, that 72 percent of New Yorkers oppose this ill-advised and deeply flawed policy. This legislation would prevent Governor Spitzer's disastrous plan from moving forward, and I urge the Assesmbly to act on it swiftly."
Bogus IDs said to fool scanners Machines to be used by DMV for license plan not detecting some forgeries, source says
By JAMES M. ODATO, Capitol bureau First published: Wednesday, October 24, 2007
ALBANY -- Counterfeit documents have been getting through scanning machines that the Department of Motor Vehicles plans to use under Gov. Eliot Spitzer's plan to provide driver's licenses to illegal immigrants, according to a state government source familiar with the performance of the machines. A DMV fraud unit at the Swan Street headquarters, running tests in recent weeks, found the scanners routinely declaring bogus ID documents as valid, the person said.
If the shortcomings with the technology aren't ironed out, such failures could be critical. Under the governor's program, undocumented immigrants would be allowed to get driver's licenses if they can produce other forms of identification, such as foreign passports or birth certificates.
The equipment has failed to recognize counterfeit U.S.-issued resident alien cards and bogus New York state driver's licenses with regularity, the state source said.
Even documents that look like forgeries are passing the tests, just six weeks before the licensing program is supposed to begin getting phased in.
"The machines are supposed to work; they don't," the source said.
Jennifer Givner, a spokeswoman for Spitzer, to whom DMV is referring all calls, was unable to confirm or deny the performance reports.
But a news conference at which DMV Commissioner David J. Swarts planned to demonstrate the technology has been postponed, she said.
The event was planned for today, with officials from the equipment company and representatives of the DMV investigations unit, according to the source.
The tests are being run through equipment provided by Viisage, which is affiliated with L-1 Identity Solutions.
A company spokeswoman said she would refer questions to an appropriate official but no one from Viisage contacted the Times Union. Givner said the company has provided various types of verification equipment to several states and federal agencies. She was unsure whether New York has received the same system as those of other Viisage customers. Spitzer has said DMV is creating a "first-of-its-kind in the nation" system where specially trained staff will verify the validity of various forms of ID from undocumented immigrants.
Viisage has a nearly $1.5 million contract with DMV that was approved Sept. 11, according to records at the comptroller's office. The contract is to develop a document authentication system and provide installation and maintenance services. The contract runs through Dec. 1, 2009.
A second component of the new technology for checking applications -- in which a machine compares a person's photo to see if duplicate IDs have been issued to that image -- appears to be working, the source said.
Asked if the documentation equipment has been found to work elsewhere, Givner said the contractor told the state there is no known independent analysis of performance.
"They do gather results directly from their clients," she said. "This data is used to plan future versions of their products and services to ensure they continue to meet the evolving needs of their customers."
While the performance tests have been under way at DMV, lawmakers at the Capitol have been blasting or defending Spitzer over his licensing policy, which was abruptly announced last month.
On Tuesday, Assembly Republicans denounced the program in speeches on the Assembly floor. Echoing similar remarks Monday by Senate Republicans, the 42-member Assembly minority complained the policy will lead to security breaches and allow terrorists to obtain official IDs. They also said the policy change is illegal.
Attorney General Andrew Cuomo rejected that conclusion and said he is prepared to defend Spitzer's policy in court. A lawsuit has been filed by Rensselaer County Clerk Frank Merola, and Assembly Minority Leader James Tedisco has threatened one.
Cuomo said Swarts "has determined that he has the ability to verify certain foreign source documents, such as foreign passports" and plans to enforce the new policy.
Assembly Republicans nevertheless pushed for amendments on unrelated bills to essentially kill the governor's initiative. They failed to get them to the floor. They also tried unsuccessfully to push a measure to protect county clerks who defy Spitzer's driver's license policy.
The Republicans were able to get several Democrats to join them in voting for the amendments, highlighting the divisions within the 108-member Democratic majority over the governor's plan. Several lawmakers said they've received calls from voters opposing the idea of giving people illegally in this country the chance to gain a driver's license.
"I'm reflecting my constituents," said Assemblywoman RoAnn Destito, D-Rome, who joined the minority in the amendment votes. "I also don't like the way it was done."
Assembly Majority Leader Ron Canestrari, D-Cohoes, arrived after the action. He said he was delayed because of travel interruptions on his return from Italy. M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.
This IS the point of Mr. Spitzer opening this dialogue......WHO IS IN CHARGE OF IMMIGRATION AND DEPORTATION????? If the present system is not working and building a wall is just stupid, what is the next step???? you got it.....get them IN the system along with everyone else.....you cant track, convict, deport or whatever unless you can find them......they can get locked out of the system once cash is dissolved and credit/debit reigns supreme......then they will be known.......pay attention.......remember the microsoft company HealthVault......well, I'm sure it's adaptable......
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
States must require documentary evidence that an applicant is a citizen or national of the U.S. or is a non-citizen who is lawfully admitted for permanent or temporary residence; has conditional permanent resident status; is an asylee or refugee; has a valid, unexpired nonimmigrant visas or nonimmigrant visa status; has a pending asylum application; has a pending or approved application for temporary protected status (TPS); has deferred action status; or has a pending application for adjustment of status to lawful permanent residence.
If this is a FEDERAL MANDATE, then why isn't the federal government suing NYS?
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
OK, here's the thing on this tonight. There was the budget meeting and I did go. I couldn't stay for the entire thing. I did stay until 9PM, after the meeting didn't start until 7:20. At 7:10, all the Repblicans were in the room, it took another 5 minutes for a Democrat to wanter in, then they kicked he meeting into high gear about 7:20.
While going through the amendments that the Republicans were offering, we had the normal bipartisan bickering. And then it came to an amendment that they added on to push the issue of the New York State Drivers' Licenses.
Everybody had their chance to speak their mind, many saying that they were voting no right now, but they would consider it again in November, once Ms. Lazzari's bill makes it to the floor and out of committee.
Well, anyway, that being said, Mr. Jasenski sat on the board and literally stated something very close to the following:
Quoted Text
I can't afford for it to be all over the front of the Schenectady Gazette tomorrow that I voted against this, so I'm voting for it.
This is the only item that the Republicans offered as a budget amendment that any one of the Democrats voted for. And at about 9PM, they were getting ready to kick in to looking at the Democrats amendments.
Well, guess we'll see what else happened tomorrow.
County clerks say they’ll report illegals BY CAROLYN THOMPSON The Associated Press
BUFFALO — Erie County Clerk Kathleen Hochul says she’ll follow Gov. Eliot Spitzer’s directive to accept driver’s license applications from illegal immigrants. Then she’ll follow the law, she said, and report the applicants to authorities for possible arrest and deportation. “We just don’t want to be in any sense facilitating the furtherance of illegal activity, and that’s really what we’re being asked to do,” Hochul said Thursday. Niagara County Clerk Wayne Jagow said he, too, has been talking with law enforcement about reporting suspicious applicants. “Illegal is illegal,” he said. With their positions known, neither of the western New York clerks expects long lines of illegal immigrants at their county auto bureaus. But an influx of applicants anywhere would surprise Hochul. “I don’t see anybody who is trying to hide in this country illegally, trying to stay in the shadows, trying to stay undetected, walking into an auto bureau, letting us take their picture, letting us capture their signature electronically and getting their address,” she said. Spitzer last month reversed a 2002 executive order by his predecessor, Gov. George Pataki, that required people seeking a license to provide a Social Security number. The policy change will allow illegal immigrants who have valid foreign passports to obtain driver’s licenses. A Spitzer spokeswoman said the clerks will not know for certain whether applicants are in the country illegally because they won’t be required to provide documents demonstrating their immigration status. “Any clerk making a report to federal immigration officials regarding a license applicant’s immigration status will be reporting only their subjective suspicions regarding an individual’s status,” spokeswoman Jennifer Givner said Thursday. The governor said the policy change will encourage those who are driving illegally to get insurance and improve public security by creating records for tens of thousands of people whose presence in the state is otherwise undocumented. As many as 1 million immigrants live in New York, he said. Richard A. Clarke, a former counterterrorism adviser to presidents George H.W. Bush, Bill Clinton and George W. Bush, endorsed the governor’s plan last week. But opposition among clerks who oversee the auto bureaus has not waned. A majority of the state County Clerks Association oppose the plan. Several say they will ignore it. Earlier this week, Rensselaer County Clerk Frank Merola filed a lawsuit against the New York State Department of Motor Vehicles and DMV Commissioner David Swarts to try to block the policy change. Jagow worries the change will “water down” an identification document heavily relied upon for voting and travel. “The document, the driver’s license, is going to lose its credibility,” he said. Jagow said he is conferring with the Niagara County district attorney and sheriff to develop a reporting procedure for suspicious applicants. In Erie County, Sheriff Timothy Howard said his officers would respond to calls by clerks who report a possible illegal immigrant.
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