The Bush administration and New York cut a deal
Saturday to create a new generation of super-secure driver's
licenses for U.S. citizens, but also allow illegal immigrants to
get a version.
New York is the fourth state to reach such an agreement on
federally approved secure licenses, after Arizona, Vermont and
Washington. The issue is pressing for border states, where new and
tighter rules are soon to go into effect for crossings.
The deal comes about one month after New York Gov. Eliot Spitzer
announced a plan whereby illegal immigrants with a valid foreign
passport could obtain a license.
Saturday's agreement with the Homeland Security Department will
create a three-tier license system in New York. It is the largest
state to sign on so far to the government's post-Sept. 11 effort
to make identification cards more secure.
Spitzer, who has faced much criticism on the issue, said the deal
means New York "will usher in the most secure licensing system in
the nation."
Homeland Security Secretary Michael Chertoff said he was not happy
that New York intended to issue IDs to illegal immigrants. But he
said there was nothing he could do to stop it.
"I don't endorse giving licenses to people who are not here
legally, but federal law does allow states to make that choice,"
Chertoff said.
"It's going to be a big deal up in Buffalo, it's going to be a big
deal on the Canadian side of the border," Chertoff said.
The governor made clear he is going forward with his plan allowing
licenses for illegal immigrants. But advocates on both sides of
the debate said Spitzer had caved to pressure by adopting the
administration's stance on tighter security standards for most
driver's licenses.
GOP Rep. Thomas Reynolds, who represents the Buffalo suburbs, said
he was glad Washington had heeded his concerns about border
identification. But he said he feared that Spitzer "is taking this
state down a risky path" by giving any kind of license to illegal
immigrants.
Under the compromise, New York will produce an "enhanced driver's
license" that will be as secure as a passport. It is intended for
people who soon will need to meet such ID requirements, even for a
short drive to Canada.
A second version of the license will meet new federal standards of
the Real ID Act. That law is designed to make it much harder for
illegal immigrants or would-be terrorists to obtain licenses.
A third type of license will be available to undocumented
immigrants. Spitzer has said this ID will make the state more
secure by bringing those people "out of the shadows" and into
American society, and will lower auto insurance rates.
Those licenses will be clearly marked to show they are not valid
federal ID. Officials, however, would not say whether that meant
local law enforcement could use such a license as probable cause
to detain someone they suspected of being in the U.S. illegally.
"Besides being a massive defeat for the governor, I can't imagine
many _ if any _ illegal immigrants coming forward to get the
driver's licenses, because they'd basically be labeled as
illegal," said New York Rep. Peter King, the top Republican on the
House Homeland Security Committee.
New York has between 500,000 and 1 million undocumented
immigrants, many of whom are driving without a license and car
insurance or with fake driver's licenses, Spitzer said in
September when he announced his executive order.
The administration has not finalized standards for Real
ID-compliant driver's licenses. Spitzer said he believed the new
licenses would meet those standards or come very close.
Many states say it is too expensive to comply with the law; seven
of them have passed legislation opposing Real ID. Neither the
governor nor Chertoff would say how much it would cost to put the
system in place or who would pay for it.
Donna Lieberman, executive director of the New York Civil
Liberties, said Spitzer's move effectively revives a faltering ID
program. "The governor's stunning lack of courage is aiding the
Bush administration in clamping down on civil liberties,"
Lieberman said.