Relates to the requirements of proof for certain licenses; repealer

Summary of provisions

Section 1 amends subparagraph (i) of paragraph (a) of subdivision 3 of section 490 of the vehicle and traffic law, as amended by chapter 487 of the laws of 2012, by requiring the commissioner to require proof that the applicant is not eligible for a social security number through docu- ments submitted by an applicant to the US Department of Homeland Securi- ty.

Section 2 repeals subdivision 1 of section 502 of the vehicle and traf- fic law, as separately amended by chapters 465 and 487 of the laws of 2012; and adds a new subdivision 1 that outlines the application for a license

Section 3 amends subdivision 1 of section 502 of the vehicle and traffic law.

Section 4 amends paragraph (a) of subdivision 6 of section 502 of the vehicle and traffic law, as amended by section 3 of part K of chapter 59 of the laws of 2009 by requiring the commissioner an applicant to provide proof that an applicant for a license is not eligible for a social security number through documents submitted by an applicant to the US Department of Homeland Security.

Section 5 outlines an immediate effective date; provided that section 3 takes effect on October 3, 2016.

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 formal- ly 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 2005, 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 regu- lations 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 docu- ments 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.

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 conse- quences.

Legislative history

2008 - Transportation Committee 2009-2010 - Trans- portation Committee 2011-2012 - Transportation Committee 2013 - Trans- portation Committee

Fiscal implications

None.

Effective date

Immediately; provided however the Section 3 shall take effect October 3, 2016.