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WPCNR BUMPER TO BUMPER. By John F. Bailey. October 5, 2007: The Governor’s Office Press liaison on the alien-licensing initiative said today that the New York State Drivers License (even those issued to illegal aliens) would remain valid and acceptable government-issued photo I.D.s at airports throughout the country at least until 2013 when the REAL ID Act goes into effect. The Department of Homeland Security has not verified this, nor has the Transportation Security Agency at this time.
Jennifer Givner, press spokesperson for the Governor on the licensing initiative told WPCNR the program would be administered most likely by existing Department of Motor Vehicles personnel whose training has just begun. Training is expected to be completed in eight weeks when the program begins in December. Passports and identification documents would be validated by these in-training DMV personnel, who would use scanning equipment to verify the validity of foreign passports presented to the DMV for identification purposes.
Givner indicated the United States Department of Homeland Security and Transportation Security Administration have not been deeply involved in the development of the Governor’s program, and apparently have not officially approved it, nor does the state need the agencies’ approvals to implement the license policy.
WPCNR asked if these non-citizens whom the governor wants to license would invalidate the New York State Drivers License as a government issued, photograph means of identification at airports, Givner said absolutely not.
Aliens Licenses Good to Go at Airports.
Givner said that does not change (even though possible illegal aliens could be issued New York Driver’s Licenses):
“ The REAL ID Act doesn’t go into effect until 2013. Yes, you can use it at an airport (as means of acceptable government-issued photo i.d.), It doesn’t change anything. People are trying to scare you when they say that. This becomes an issue, the entire issue of the driver’s license and state-issued driver’s license, when the REAL ID Act goes into effect. But again, it is not until 2013, more importantly the federal government hasn’t promulgated the regulations yet. People don’t know what to do. States don’t know how to prepare for it and how to insure their licenses will comply. That’s why some states have opted out of it. We (in New York State) are taking the approach to wait and see what the federal government wants to do. You see how ridiculous that is, right?”
Different Requirements
WPCNR pointed out that the REAL ID Act as presently constituted would require all states issuing a driver’s license to issue licenses only to citizens or those supplying a Social Security exemption letter.
“That’s one of the many, many features that they (the REAL ID ACT) have, the requirements we anticipate, but no one is going to comply with that. Everyone is going to have to have two forms of identification – state-issued and a federal I.D. one. But we don’t know. There’s time before this occurs. Right now you can use your New York Driver’s License to get into federal buildings, you can use it to get on a plane.”
I asked if the United States Department of Homeland Security has approved the Governor’s program. Givner said she would get that answer.
Givner filled WPCNR in on the details of the Governor’s program to make New York State Driver’s Licenses available “without regard to immigration status” in an effort to make the state’s roads safer. According to the Governor’s official press announcement of the program, “tens of thousands of undocumented, unlicensed and uninsured drivers are currently on New York’s roads, contributing to increased accidents and hit-and-runs as well as higher auto insurance rates.”
No Consultation. No Review by Washington
The press officer, confirmed that the program was not developed in cooperation with the Department of Homeland Security in Washington.
She said the Department of Homeland Security would not be reviewing the Department of Motor Vehicle personnel after they have been trained to conduct validation procedures on documents submitted by non-citizens the governor wishes to license. The press officer also stated that even after the licenses began to be issued to possible non-citizens and immigrants here illegally, that the license would still be acceptable photo, government issued Identification at airports.
Training of DMV personnel just begun. Ready in December.
The training of DMV personnel to review documents immigrants and unlicensed individuals submit for licenses has just recently begun, the spokesperson said, and did not have a timetable when she expected the training of DMV personnel to be completed. The program is expected, she said to be conducted with existing personnel. The spokesperson said the process of validating documents submitted would rely heavily on electronic scanning of immigrants’ passports. She said 110 to 120 countries now issue passports with scan barcodes on them. Passports without barcode-issuing countries she said would be collected and held pending validation by the DMV.
The spokesperson said the United States Department of Homeland Security has not issued REAL ID Act standards for driver’s licenses that New York State would react to them when the standards were issued.
No Social Security Number Required
Currently the proposed new Governor’s licensing policy will not require a social security number or a document from the Social Security Administration stating the person is ineligible to receive a social security number. On REAL ID Act standards one of these two documents must be supplied in order for a state to issue a driver’s license beginning January 31, 2009. According to the REAL ID Act, to receive a driver’s license, acceptable identification to the Federal Government at ports of entry air and land, you must have a social security number or a letter stating you are ineligible for a Social Number.
2 PHASE ROLL OUT of Governor’s Plan
The program is scheduled to begin in two phases, Ms. Givner said:
“The policy is not going to change that dramatically. Currently at the DMV, you and I have to in applying for a license, show (documents totaling) 6 points that prove who you are and when you were born. They can include anything from a utility bill to a birth certificate to a number of different official documents that all have a point value. You have to have 6 points. Every document is assigned a different value. This initiative is being rolled out in two phases: to allow the DMV to have a seamless implementation schedule. We don’t want to disrupt services for the people who are going to be in our offices throughout the state every day. We also want to assure that we’re doing it diligently and make sure everything is up and running as we proceed.”
Approximately 10,000 people, whose license expired in last two years, she reports will be mailed letters first inviting them to apply for new licenses. Then 150,000 drivers who had licenses expire more than 2 years ago. These are drivers already in the system and were not allowed to renew their licenses because of rules implemented by the Pataki administration.
Second Phase – For All New Applicants
“Phase 2,” Givner explained, “ is when we expand this initiative to all of the new applicants, individuals who have never had a license before. They can come to the DMV. They will have to show identification proving who they are and they will have to obtain the 6 points that you and I, or any other individual regardless of citizenship status.”
WPCNR asked what were the point values of the documents.
Ms. Givner said the DMV was not releasing that information yet and that there were 14 such identification documents , some of them new, which could be used to prove identification. She declined to say what those 14 documents were to prevent a stampede to the DMV.
She said the reason for withholding the point values was “we don’t want people showing up at DMV tomorrow with these new documents that we’re not accepting yet. It makes sense right? We put them out there (now), people come in the next day, saying look I have this. We’re trying to keep this a smooth process. We don’t want to confuse our customers. It (the list of documents) will be published as we get closer to the launch date.”
Not an overnight idea.
Givner said the plan has been well thought out: “This is not something that happened overnight. Not something dreamt up over a weekend. This is something the governor talked about during the campaign, he talked about expanding access to licenses for all individuals and for the last nine months we’ve been here in office we have been working with the DMV and other agencies and the offices through out the state.”
WPCNR asked what agencies were involved in formulating the policy? She said Boards of Elections, for example, and various offices throughout the state. (“This a process where you have to include all the stakeholders, a lot of people are going to be affected”)
Department of Homeland Security Involvement Not Clear
I asked if the state had worked with the Department of Homeland Security in Washington. Ms. Givner said, “To say specifically, I can’t say that. Part of what we’ve done by implementing this is we’ve taken New York’s license, which is really one of the most secure in the nation already and we are implementing additional security safeguards to insure this is going to be the most secure license in the nation.”
New Technology for DMV: Passport Scanners
“We’re going to be incorporating new technology to (1), validate and authenticate documents as they come. Say, I’m Jennifer, I’m from Portugal. I’ve never had a driver’s license before. Regardless of my status, whatever it is, I have my foreign passport from Portugal and a number of other documents to show who I am. I give them all my documents.”
“What DMV is going to do is that they’re going to have a central location where they accept these documents and go through a process of validating them. Part of the DMV validation technology is scanning passports, so my passport and about 110 to 120 countries around the world that are scannable that have bar codes on them which we’ll have technology to be able to read and validate right there on the spot. Part of this process is to make sure each individual is who they say they are. “
DMV Responsible for Validation – Using Existing Personnel.
I asked what about passports not scannable: “Documents that we can’t scan and verify right there on the spot we’ll take in and we’ll go through a process. We’re going to have a specially trained unit charged with validating these documents.”
Asked where that personnel would be hired from, Givner said she did not know right now but “it may not be that we’re hiring additional individuals. Remember, we can use existing (human) resources as well and train them in this area.”
I asked what happens to passports not scannable. “It’s not confiscation. It doesn’t mean that it’s illegal. There are some that are not scannable. But, we will take that document and take possession of it in order to verify it. It goes through our channels to properly verify it. We’ll tell the individuals. If you need the passport tomorrow, they’re not want to give it up to us, right. We’re going to be working with individuals as they come in to say, we’re not going to able to validate this right here, we’re going to have to take possession of this, and it will be however long, a few weeks until you’re able to get this back, and these other documents. We’re going to take all those documents in order to prove who those people are.”
Photo Comparison Technology.
Givner said they will weed out persons who have had bogus social security numbers in the past: “We’re also incorporating what’s called Photo Comparison Technology. When someone comes in who used a fake social security number, and they’re already in the system, for example, what the photo technology does is once they take my photo, they’re going to compare that against all of the other individuals already in the DMV database.
“If they get a hit, that I’m already in the system, that’s going to shoot up a red flag and put a halt on that application right away. We go through the proper authorities to investigate to see what happened there. The goal here is, one license per one individual, not one individual who has several names. It’s really common sense. We can prove who you are we know where you are.”
Residency Requirement Needs to Be Legislated.
Givner said that the third component of the issuance of licenses is to institute you have to be a resident of the state to obtain a driver’s license.
Presently this is not required, she said. “Third component which is down the road, which requires legislative approval, is a residency requirement. Part of what we have to do is to introduce legislation and have it passed by the legislature which will require individuals seeking a New York State license to be actual residents of New York State. That’s the next step in the process.”
She said they did not expect this residency requirement to be passed by early spring. “You’ve never had to be a resident of New York to get a license.That requirement has never been in existence. We’re working to make that happen.”
Under present law, Givner said you can come in from a state, take up residence in New York and receive a New York driver’s license if you turn in your out of state license.
$1.4 Million cost Paid for By Revenues.
Givner said the cost to implement this is $1.4 Million, which she said would be offset by an expected $7.3 Million in extra revenue (from the issuing of licenses).
Asked how long it will take to train the DMV personnel to administer the document checking, Givner said, “ The training is already starting. The DMV is already working with county clerks throughout the state. On the intense training, we’re working on getting the schedules out there.”
She said the personnel have to be trained before the system is up and running before December (8 weeks from today). Asked how long the training had been going on, she said the program had just been rolled out two weeks ago (September 21).
No TSA or DHS Review of Procedures Expected at this time.
Once DMV personnel are trained, I asked Givner if they would be checked out by the Transportation Security Administration and the Department of Homeland Security in Washington.
Givner said the state was “not required to, this is an internal policy change that we are making within the Department of Motor Vehicles. It ‘s not a law. It does not require legislative approval. It is an internal policy change in order to allow and expand driver’s license access to all individuals.”
I asked if the DMV and the state was going to keep the Department of Homeland Security in Washington, informed on this. She assured WPCNR “we have a close working relationship obviously talking to them every day.”
I asked what they were talking to them about, and Ms. Givner replied “I’m not going to go into details about it but we work very closely with them through our state office of emergency management, we have a military and naval affairs department, the state department, obviously, the state police. Every day we’re speaking to the federal government about various issues, any new sort of awareness, etc.”
I asked though, you didn’t really discuss this program with them specifically, is that correct?”
Givner responded, “The Department of Motor Vehicles is not in the business of verifying individual citizenship status. They are in the business of doing two things, certifying that an individual has met the requirements and standards in order to operate a motor vehicle in New York State; secondly, to prove identification to prove who you are and validate that. They have not in the business or have they ever been in the business of proving citizenship or proving one’s legal status in this country.”
Diffuses Controversy.
Unasked, Ms.Givner warmed to her subject, addressing the controversy over giving licenses to persons without social security numbers:
“Individuals have been getting licenses without social security numbers for years, aside from the window where Governor Pataki passed his regulation. If you go to the Social Security Administration and obtain a letter of ineligibility, you are allowed to obtain a license in New York.
For example, someone comes in a work visa, working for a bank for a temporary period of time. They obviously have a need to drive while they here. Nothing wrong with that. What they do is they can apply for a license and they don’t have a social security number. What they present is the Social Security Administrations Letter of Ineligibility.”
Waives Letter of Ineligibility Requirement.
I asked then why in the Governor’s press release, the governor is changing the policy allowing applicants to simply check a box that they are ineligible for Social Security, Givner said, “This is a change in policy.”
Enhanced Driver’s License Progress
WPCNR asked if the DMV was working with the Department of Homeland Security to create an Enhanced Drivers License similar to the one that the State of Washington is going to put into effect in January. Givner asked if this was to comply with the REAL ID Act, and said,
“The federal government has failed to promulgate the specific rules for the REAL ID Act, therefore no state in the country right now actually has identification that complies because no one knows what the regulations are going to be. They’re working on them that’s what they tell all of us.”
Asked if the DHS was working now with the DMV, Givner said, “We are awaiting the rules to be published. When we have specifics, we can work with them to address it. Before this initiative was announced, the New York State License did not comply with what we anticipate will be the regulations. Every other state, individuals will have to also get the federal approved, you’ll have two different licenses, two different forms of identification. Several states have already opted out.”
New License in the future?
Does this mean down the road mean that New York State will have to change, reissue all its licenses, WPCNR asked. Givner said, “We will look into it once the standards are actually promulgated and determine which direction to go in.”
I asked if it was correct that this entire process has been executed by New York State on their own with New York State agencies and not with Washington? Givner stated:
“We are a sovereign state, sir, every state has the authority through its department of motor vehicles, I think you’re confusing this and sort of looking at this in an idealistic way, every state is not talking to the Department of Homeland Security on a daily basis. New Jersey just put photos on their licenses. New York State’s licensing is regarded as one of the most secure in the nation. What we’re doing and the way we’re moving forward cautiously, carefully and diligently is to make sure it remains one of the most secure licenses. If an individual comes here they have to prove who they are. It has never been in the business of proving one’s legal status here.”
License Will Still Be Valid as photo-id. At Airports for New Yorkers
I pointed out that the REAL ID Act as presently constituted would require all states issuing a driver’s license to issue licenses only to citizens or those supplying a Social Security exemption letter.
“That’s one of the many, many features that they have, the requirements we anticipate, but no one is going to comply with that. Every one is going to have to have two forms of identification – state-issued and a federal I.D. one. But we don’t know. There’s time before this occurs. Right now you can use your New York Driver’s License to get into federal buildings, you can use it to get on the plane.”
I asked if the DHS has approved this program. Givner said she would get that answer.