Relates to the requirements of proof for certain licenses

Summary of specific provisions

Section one of the bill amends subparagraph (i) of paragraph (a) of subdivision 3 of §490 of the Vehicle and Traffic Law to require the commissioner to obtain proof from any applicant for a nondriver identification card who cannot provide a social security number that they are ineligible for such social security number. This proof shall be any documents issued by the United States Department of Homeland Security, which specify that the applicant is legally not eligible for a social security number.

Section two of the bill amends subdivision 1 of §502 of the Vehicle and Traffic Law to require the commissioner to obtain proof from any applicant for a driver's license who cannot provide a social security number that they are ineligible for such social security number. This proof shall be documents issued by the United States Department of Homeland Security, which specify that the applicant is legally not eligible for a social security number.

Section three of the bill amends paragraph (a) of subdivision 6 of 502 of the Vehicle and Traffic Law to require the commissioner to obtain proof from any applicant for renewal of a driver's license who cannot provide a social security number that they are legally ineligible for such social security number. This proof shall be documents issued by the United States Department of Homeland Security, which specify that the applicant is legally not eligible for a social security number.

Justification

The New York State Department of Motor Vehicles has long required driver's license applicants who don't have Social Security numbers to submit a Social Security Administration (SSA) letter stating the person wasn't eligible to work in the US and so wasn't issued a Social Security number, but was present in the country legally. On September 6, 2001, the Commissioner further clarified the Department's requirements making immigrants provide more proof. In addition to the SSA letter, applicants who do not have a SSN would be required to submit the DHS documents used to obtain the SSA letter. The Department then pursued the formal State Administrative

Procedure Act process to formally adopt this procedure as Department regulation.

The new rule instituted five days before terrorists attacked the World Trade Center requires driver's license applicant to provide federal immigration documents to prove they are in the country legally. Some of the September 11 hijackers had obtained driver's licenses. Seven of the terrorists exploited loopholes in other states that allowed people to obtain driver's licenses and 10 cards by submitting sworn statements instead of proof of residency or identity.

A lawsuit was filed in 2004, after the state started cracking down. Advocates for illegal aliens claimed the crackdown was expected to result in the loss of driver's licenses for 300,000 illegal aliens.

In 2005, a state Supreme Court justice in Manhattan ordered the state to stop seizing the driver's licenses of immigrants without Social Security cards, arguing in part that the DMV couldn't enforce immigration law. But in July 2006, the appellate division overturned that ruling and allowed the state to require that immigrants prove they are in the United States legally to get a driver's license. The DMV defended the rules, saying they were put in place to combat fraud and terrorism.

The Court of Appeals ruled June 7, 2007, by a vote of 5-2 that DMV regulations are constitutional. The Court further upheld regulations that provide that the only exception to this rule is if the applicant is ineligible to obtain such a number as determined by immigration documents issued by the Department of Homeland Security (DHS). The case is

CUBAS V. MARTINEZ, (2007 NY Slip Op 04723).

The decision is to be welcomed. Preventing the issuance of drivers' licenses to individuals who cannot establish their identity and legal presence deters not only fraudulent use but also the employ of such documentation as needed proof to obtain other "legal" credentials or to ease travel, purchase goods and/or perform other acts with illegal or terrorist inspired intentions.

The Executive and new Commissioner have rescinded this policy in violation of the State Administrative Procedure Act, the Vehicle and Traffic Law and common sense. Utilizing an Automobile Association of America (AAA) study completed in 2003, based on 10 year old data, the Executive claims that New York roads will be safer and New York car insurance premiums will go down. These claims do not hold up under scrutiny, and in fact, the AAA study contained no data from New York.

As was consistently revealed in Senate hearings, the driver's license is a "gateway credential", a "breeder document". A document which opens the door to other legitimate documents which will enable illegal aliens to imbed themselves in New York. Access to legal identification credentials allow illegal aliens and those who would do our nation and state harm to hide in plain site.

Since the processing and verification of foreign documents will now be integral to the drivers license application procedure, New York will be forced to acquire millions of dollars of new equipment and hire and train hundreds of new Motor Vehicle employees. This equipment has not been thoroughly tested nor certified.

This legislation is necessary to prevent New York from voluntarily disarming itself in the battle to protect its citizens from those who would come to our shores with the intention of doing us harm. The rationale for this policy change does not withstand close examination and any potential benefits are far outweighed by the likely consequences.

Legislative history

2009-10: S.3669 Transportation Cmte. 2008: S.6502 Transportation Cmte./A.9636 Transportation Cmte.

Fiscal implications

None.

Effective date

This act shall take effect immediately.