WPCNR BUMPER TO BUMPER. By John F. Bailey. October 3, 2007: WPCNR has learned the Department of Motor Vehicles will appear to be solely responsible for acceptance and verification of documents presented by immigrants seeking licenses (if Governor Spitzer’s policy goes into effect in December), according to a New York State Department of Homeland Security spokesperson. The spokesperson said her department NY Homeland Security would not be involved in the vetting of documents–that responsibility of acceptance and verification was solely up to the Department of Motor Vehicles.
On another aspect of the licensing initiative, a spokesperson at the United States Department of Homeland Security, in Washington, told WPCNR the super security agency is working with New York on developing an enhanced New York State Driver’s License that will enable New York residents whether legal or not, to comply with REAL ID Act requirements due to go into affect January 31, 2009.
WPCNR is awaiting comment from the Department of Motor Vehicles for clarification on both security issues. Earlier today, the Governer’s Press Office would not comment when asked if the Governor’s new licensing of immigrants policy had been developed with Department of Homeland Security input and approval.
However, their spokesperson could not confirm whether New York had discussed Governor Spitzer’s proposed licensing of immigrants policy with the Department of Homeland Security. Earlier today, a spokesperson for the Governor’s Press Office had no comment when asked if the Governor’s policy had been developed with the Department of Homeland Security input, guidance and expertise.
Linda Keehner, spokesperson for the Washington, D.C.-based Department of Homeland Security told WPCNR,
“It (identification) is a topic that is extremely important to us at the department. We have been working with multiple states, you’ve probably seen our press releases (that) Washington State, Arizona and Vermont, we’ve all moved forward to work on secure documentation that will be REAL ID ACT compliant and also Western Hemisphere Travel Initiative (WHTI) compliant. We’re actually in the process of working with the State of New York on secure identification in the form of driver’s licenses. So anyone that would have that card would need to have the proper documentation and the certain eligibility requirements for that.”
A spokesperson for the New York State Department of Homeland Security, a New York Department of State office, reporting to the Governor, and not affiliated with the Washington Department of Homeland Security, said she was not aware the Washington DHS was working with the state on such a license.
Keehner, speaking to WPCNR from Washington, said DHS is working with states to create what WPCNR is dubbing “The Super License.”
Keehner said “Even though the states have the right to issue their drivers’ licenses, we are working with open arms with any state on WHTI-compliant drivers licenses so they (residents) can easily go back and forth let’s say on northern border to Canada or the United States, going back and forth, while at the same time working on REAL ID Act compliance which they will have to deal with very shortly.”
WPCNR asked, what does the Department of Homeland Security feel about the proposed N.Y. Policy, and the possibility of forged documents?
Keehner said, “One of our major initiatives is to make sure of secure documentation, making sure the documents cannot be forged and that identify theft is not a factor. We are working actually with the state of New York on secure driver’s licenses. Though I’m not able to speak to how a state will choose to designate whether or not a driver is eligible to drive on the road, we are concerned about secure documentation.”
I asked, what would make a driver’s license secure in the DHS’s eyes?
Ms. Keehner reffered WPCNR to news releases on the Arizona and Vermont programs for WHIT-compliant driver’s licenses issued last fall.
The Arizona and Vermont Super License
According to the agreement reached between the Department of Homeland Security and Arizona and Vermont, the three states are partnering with the U.S. Department of Homeland Security to develop a super drivers license that “will meet WHTI (Western Hemisphere Travel Initiative)requirements, provide Arizona/Vermont employers with a secure document that can be used in validating a person’s legal status and align to satisfy future requirements of REAL ID.”
The super drivers license “will serve as another alternative available to U.S. citizens to satisfy Western Hemisphere Travel Initiative requirements. DHS announced in June that U.S. and Canadian citizens will need to present either a WHTI compliant document or government-issued photo I.D. and proof of citizenship, such as a driver’s license and birth certificate, beginning on January 31, 2008 for admissibility into the U.S. The department intends to end the routine practice of accepting oral declarations alone at land and sea ports of entry, and also proposes to begin alternative procedures for U.S. and Canadian children at that time.”
The release describes the new Arizona license being developed as “technologically enhanced….(that) will provide its residents who voluntarily apply and qualify, with a document that is acceptable for use at U.S., land and sea ports. The enhanced driver’s license will be slightly more expensive than a standard Arizona state driver’s license and will require proof of citizenship, identity, and residence.” The state of Arizona will also issue an “Arizona Card” for use in the “work eligibility process.”
The “REAL ID” requirements that the Arizona, Washington State and Vermont programs are intended to meet “are intended to strengthen the underlying document through physical security features and a secure issuance process. Arizona’s new state driver’s license is poised to be one of the nation’s first to comply with REAL ID requirements.”
Working With New York
I asked Keehner, to your knowledge, has New York State gone over the details of what they want to do (in issuing licenses to drivers who can prove residency),with the DHS?
Keehner said, “We are in constant communication on this. Nothing has been finalized. But, we are working with them to try and see how we can potentially move forward in that effort.”
In the effort to license people who live in New York State? I asked
“Correct, that is REAL ID ACT, and Western Hemisphere Travel Initiative compliant.”
WPCNR contacted the press office for the State of New York Department of Homeland Security (not affiliated with the U.S. Department of Homeland Security), since David Balboni the head of New York Department of Homeland Security had been quoted in the press as being supportive of the Governor’s suggested driver’s license policy for immigrants.
Amy Bonanno, of the New York State Department of Homeland Security Communications office said that she could not speak for Mr. Balboni, since information had to come from the Governor’s Press Office. Asked about the Department of Homeland Security statement that they were working with New York State to develop WHTI-compliant and a new enhanced driver’s license compliant with the REAL I.D. Act, Ms. Bonanno said she was unaware of it.
It’s the DMV Responsibility to Validate Documents.
Asked if the New York State Department of Homeland Security was going to oversee validation and “check out” the validity of documents presented by residents seeking a New York State Drivers license, Ms. Bonanno said to her knowledge the New York State Department of Homeland Security was not going to be involved, that validation and acceptance of identification documents would be entirely handled by the Department of Motor Vehicles.
WPCNR has a call into the Department of Motor Vehicle Communications to find out about how the DMV plans to validate the documents presented them by immigrants and persons not citizens, and which ones will be acceptable to issue driver’s licenses to possible non-citizens, and how that fits into the context of the REAL I.D. act which will require New York and all states to issue a driver’s license meeting standards specified in the REAL ID Act of 2005.
The REAL ID issue though is looming and will be effective after December 31, 2009.
As of that date, “a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a state to any person unless the state is meeting the requirements” specified in the Real ID Act. States remain free to also issue non-complying licenses and IDs, so long as these have a unique design and a clear statement that they cannot be accepted for any Federal identification purpose. The federal Transportation Security Administration is responsible for security check-in at airports, so bearers of non-compliant documents would no longer be able to travel on common carrier aircraft without additional screening.
Employers would no longer be able to accept, or ultimately hire, bearers of non-compliant documents for employment.
Financial institutions would require compliant documents from all customers Bearers of non-compliant documents would be denied financial or banking services.
The national license/ID standards cover:
What data must be included on the card;
What documentation must be presented before a card can be issued; and
How the states must share their databases.
Each card must include, at a minimum, the person’s full legal name, signature, date of birth, sex, driver’s license or identification card number. It also includes a photograph of the person’s face and the address of principal residence. It is required to have physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
It will use common machine-readable technology, with defined minimum data elements (the details of which are not spelled out, but left to the Secretary of Homeland Security, in consultation with the Secretary of Transportation and the states, to regulate).
Documentation required before issuing a license or ID card
Before a card can be issued, the applicant must provide the following documentation[8]:
A photo ID, or a non-photo ID that includes full legal name and birthdate.
Documentation of birthdate.
Documentation of legal status and Social Security number
Documentation showing name and principal residence address.
Digital images of each identity document will be stored in each state DMV database.
Linking of license and ID card databases
Each state must agree to share its motor vehicle database with all other states. This database must include, at a minimum, all the data printed on the state drivers’ licenses and ID cards, plus drivers’ histories (including motor vehicle violations, suspensions, and points on licenses). Any state that does not link its database, containing records on all drivers and ID holders, to the database of the other states loses its federal funding.
Traffic violations would be required to be sent to the licensing jurisdiction and be recorded. The licensing jurisdiction would be required to act on the violation according to its own laws such as assigning points and insurance surcharges to the driver not only for violations reported from DLA members but also from non-DLA members as well. The DLA requires member states to treat non-DLA states as if they are DLA members concerning their drivers.
A complete summary of the provisions of the REAL ID Act is available at http://www.ncsl.org/standcomm/sctran/realidsummary05.htm
