High Court Says N.Y. Can Deny Licenses to Illegal Immigrants

[phantasm]

High Court Says N.Y. Can Deny Licenses to Illegal Immigrants


ALBANY, N.Y. (AP) -- New York has the right to deny driver's licenses to immigrants who can't prove they are in the country legally, the state's highest court ruled Thursday.

A lawsuit brought by immigrants and their advocates claimed a state Department of Motor Vehicles policy created by the Pataki administration "is essentially an effort to deny driver's licenses to immigrants not legally present in New York,'' the Court of Appeals decision stated.

"To state the obvious, undocumented aliens lack documents,'' wrote Judge Robert Smith in the 5-2 decision, "And the DMV's right to insist on such documents is undisputed.''

At issue was a rule issued Sept. 6, 2001, just five days before terrorists attacked the World Trade Center, requiring driver's license applicants to provide federal immigration documents to prove they were in the country legally. Some of the Sept. 11 hijackers had obtained driver's licenses.

The state has long required applicants who don't have Social Security numbers to submit a Social Security Administration letter stating the person wasn't eligible to work in the U.S. so wasn't issued a Social Security number, but was present in the country legally. The 2001 rule made immigrants provide more proof.

The lawsuit was launched after the state started cracking down in 2004, an effort that was expected to result in the loss of driver's licenses for 300,000 illegal immigrants.

In 2005, a state Supreme Court judge in Manhattan sided with the immigrants and 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 Pataki administration defended the rules, saying they were put in place to combat fraud and terrorism.

The issue may not be over. As a candidate in 2006, Democratic Gov. Eliot Spitzer said he would change the rule because it doesn't improve security and instead keeps immigrants from rising from "the shadows'' and creates a class of people with no public records.

There was no immediate comment from the immigrants' lawyer or the DMV.

About a dozen states deny driver's licenses to illegal immigrants.

http://www.1010wins.com/pages/556872...ntentId=588706

[CelicaGuy]

Good if they can't come to the country legally then they should not get to enjoy the freedoms that we, as legal Americans get to enjoy on a daliy basis.:mad:.

Here's my proposal, if someone wants to come into the country, then they should be required to serve in the military then, and only then could they obtain citizenship. If they are already in the country illegaly then they should have to serve then again they can go on and be productive members of our society.

End rant.....So for the close-minded view, but thats another freedom I enjoy, being able to speak my mind.

[phantasm]

Good if they can't come to the country legally then they should not get to enjoy the freedoms that we, as legal Americans get to enjoy on a daliy basis.:mad:.

Here's my proposal, if someone wants to come into the country, then they should be required to serve in the military then, and only then could they obtain citizenship. If they are already in the country illegaly then they should have to serve then again they can go on and be productive members of our society.

End rant.....So for the close-minded view, but thats another freedom I enjoy, being able to speak my mind.

I'm actually in agreement to a certain extent. Want to become a citizien? Serve 2 years active duty in the military, honorably discharged. They did that in the past.

[Joeyd6]

Amen!

[smcc360]

After Spitzer's dismantling of the food stamp verification program, I have no faith in his drawing a hard line on this issue, either. He's soft.

[mcsap]

PA has been doing this a couple of years. We had an illegal immigrant ( Mexico) in a crash last night. He had a well made but noticeably fraudulent ID card ( not a drivers license) . The picture was horrible but it would have fooled a store clerk.

The op # came back to some guy in the northern part of the state so we had some good charges.

DUI

NO drivers license.

No ins. ( fradulent Allstate Card)

Fradulent ID card - Misd 1st

ID theft ( for using the guys op #) Misd 1st.

[Samuel]

How are the neighboring states' policies/requirements around NY? We've got arguably the worst illegal immigration problem here in CA, especially So Cal and what I've been seeing more and more is that illegals have been going up to Washington state and getting driver's licenses (WA doesn't require a SSN) and coming back to CA. Often, I will find that these WA license holders have never had a CA license (but have been ticketed or arrested in CA before) or have had their CA license suspended and/or revoked... What a scam... :mad:

[vengeance05]

The illegals in NY either present no license, an expired NY license (issued prior to the increased paperwork, i.e. SS#, and they cannot renew it now) or a license from another state.

I have been shown a lot of Oregon and North Carolina licenses recently. It's clear that the immigrants don't commute from OR or NC to NY for work each day, and those states must not require a SS# to be licensed. The people do have a valid license in that state but tell me a local NY address when I ask. I give them credit for at least trying to possess (semi)valid paperwork.

One of the problems I've encountered is that NY will issue a "client ID number" for anyone who is issued a ticket in New York. For someone without proper identification, this can mean that they have several client ID's. I usually run them with a hyphenated last name and seperate, with and without middle initial, etc. They will come back with the same DOB and address, just a slightly different spelling of the name. The person might have one client ID showing suspensions, one with warrants and one clean!

A letter to the DMV usually gets these issues cleared up, but a simple solution IMO would be to issue anyone a non-driver photo ID card without need for a SS#. Fingerprints could be placed on file to ensure that each person only had one ID.

[mcsap]

PA mandates that if you have lived here 60 + days, you are a resident and MUST have a PA license. Your "valid" out-of-state license is no good after the 60 day mark.

Same with plates/inspection.

[BP348]

I can't believe they were even able to file a lawsuit :confused:

Glad the NY court shut it down, talk about a waste of taxpayer money!!!

MCSAP, There are some very good fake doc's out there. Glad you got an easy one. The businesses who use illegals will take the fake docs and then claim, "were not Immigration Officals" so we didn't know they were fake, Yea Right!!! What a bunch of B.S.

[womanwarrior]

I know that the Employment Authoriazation card looks pretty much plain white, but when you tilt it and look beyond, it seems to be quite amazing - all those tiny little details hiding there.. :p

I do agree on the issue that it is ABSOLUTELY INSANE to give licenses to illegal immigrants. Sure, there are different circumstances pertaining to the VAWA, but then a I-360's been filed. and more importantly - approved.

[BP348]

I know that the Employment Authoriazation card looks pretty much plain white, but when you tilt it and look beyond, it seems to be quite amazing - all those tiny little details hiding there.. :p

I do agree on the issue that it is ABSOLUTELY INSANE to give licenses to illegal immigrants. Sure, there are different circumstances pertaining to the VAWA, but then a I-360's been filed. and more importantly - approved.

WW,

You have to do some type of Immigration work. Not many know what a I-360 is or what it means to be approved. That being said I-360 are for ameraisan, right?

[womanwarrior]

WW,

You have to do some type of Immigration work. Not many know what a I-360 is or what it means to be approved. That being said I-360 are for ameraisan, right?

BP348,

Correct, I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) falls under the category of Ameriasians, Self-Petioning battered or abused spouses, parents or children of U.S. Citizens or Permanent Residents or Special Immigrant Juveniles.

I have been involved with the USCIS since late 2001, although I now more or less mostly work as a Book Keeper/Notary Public at a logging company. Otherwise I am currently involved with the VAWA.

You in immigration?

[sparta]

look i live in Sc Cal and everyone wants to know what is going on how can we fix this problem with the gangs, over population in the prisons, traffic, murder rate and so on? Well what the illegal aliens are doing is breaking the law. If you or i were driving with out a license we would get busted.
But illegals a slap in the hand i mean what the hell is going on it is like they have power??? Well here is what America should do just like Australia DEPORT THEM and have them come in slowly through the front door with fines,fines, fines. This is a slap in the face to our four fathers and our American soldiers and to us Americans who have to do everything by the American rules and laws why are they so special.