State Reaches Deal on Driver's Licenses: Accord With Homeland Security Dept. Delays Contested Spitze

Oct 28, 05:10 PM

Current Headlines: By Tom Precious, The Buffalo News, N.Y.

Oct. 28--ALBANY -- The federal government and New York State agreed Saturday on a more secure driver's license system that would permit residents to travel to Canada without a passport while keeping alive -- but delaying -- the Spitzer administration's plan to allow illegal immigrants to obtain licenses.

The deal -- reached after weeks of intense criticism of Gov. Eliot L. Spitzer's policy on illegal immigrants -- calls for three different driver's licenses to enable the state to comply with federal security mandates adopted after the 2001 terrorist attacks.

The agreement "represents a major step forward for security, both for New York and for the country," Homeland Security Secretary Michael Chertoff said in announcing the deal in Washington with Spitzer.

It will permit state residents who are U.S. citizens to obtain a new license that would comply with the federal Western Hemisphere Travel Initiative, which requires a passport or some other approved form of identification to enter the United States. The cost of the different licenses was not disclosed.

But in cutting the deal with Washington, Spitzer has energized opposition to his policy on immigrants and lost the support of his most loyal defenders, who now say he has caved in by accepting a "scarlet letter" system for 500,000 to 1 million illegal immigrants living in the state.

Spitzer agreed Saturday to put off licenses for illegal immigrants, probably until the end of next year, while the other two licenses are developed.

Chertoff distanced himself from Spitzer's plan for immigrants.

"I don't endorse giving licenses to people who are not here legally, but federal law does allow states to make that choice," he said.

The agreement calls for establishing a license that would meet the requirements of the federal REAL ID act, which includes new security designs and a mandate that a person is in the country legally -- as a citizen, permanent resident or holder of a valid visa.

A second type, called an enhanced license, would be issued only to U.S. citizens for traveling to other Western Hemisphere nations without a passport. It is intended specifically to meet the needs of residents of the western and northern sections of the state who frequently travel to Canada.

'Win for upstate economy'

State officials say this enhanced license, which would comply with the Western Hemisphere Travel Initiative, also would cover the requirements of the REAL ID law, so drivers would need only one license, depending on their travel needs.

"This is a critical win for the upstate economy," Spitzer said.

"The Peace Bridge Authority is pleased that an alternative to a passport has been agreed to," said Paul Koessler, authority vice chairman. "This binational region depends on the flow of goods and people across the Peace Bridge, and we appreciate Secretary Chertoff recognizing that and agreeing with Gov. Spitzer that there was a better, smarter way to address security while not impeding the way we live and do business in this region."

"Of obvious concern to New York is what the Ontario government will do," said Anthony Annunziata, chairman of the Peace Bridge Authority. "Ontario has already agreed to do the enhanced

INSIDE:

Spitzer says driver's license policy will make state safer. Page H2

driver's licence, so the harmonization of New York and Ontario documents to meet U.S. Department of Homeland Security requirements should be able to take place quickly and seamlessly."

The third license, which would resemble the current license, would be issued to drivers who already have a passport and don't want to bear the expense of one of the new licenses.

Illegal immigrants with valid foreign passports also would be able to obtain this kind of license. The federal government is requiring that it be stamped as invalid for U.S. identification purposes, such as boarding a domestic flight or entering federal buildings.

Kathleen C. Hochul, a Democrat appointed Erie County clerk by Spitzer and now in a fierce fight seeking election to the position, joined several other clerks in praising Spitzer for a deal to resolve the border-crossing issue and for coming to terms with the federal government on a REAL ID license.

But Hochul, who has threatened to alert police if illegal immigrants seek licenses in any of her offices, criticized the new plan for still permitting illegal immigrants to get licenses.

"This is still problematic," Hochul said, vowing to continue her plan to call police to have illegal immigrants arrested and deported.

Other county clerks who run local offices of the state Department of Motor Vehicles said Spitzer is still asking them to violate federal law by helping illegal immigrants stay in the country.

Higher costs remain issue

Hochul also said local governments might not be to absorb the costs or the rush of people applying for the new licenses. State officials said they were satisfied the federal government will help to cover the costs of the mandates, but no specifics were provided Saturday.

The state was scheduled to begin providing licenses to illegal immigrants in December. That will be pushed back until the REAL ID license is ready, expected to be the end of next year, officials said. The enhanced license -- permitting the travel into Canada -- will be available next summer, officials of the Spitzer administration said.

The driver's licenses now cost about $47 and are valid for eight years. With special electronic chips and other federal requirements, the REAL ID and the enhanced license will cost up to $60. An adult passport, which costs $100, is good for 10 years. Beginning next summer, those without an enhanced license will need a passport to return from Canada. Children younger than 15 will be able to use a birth certificate if they are accompanied by a parent or guardian.

Republicans said the deal by the Bush administration amounts to a rejection of Spitzer's licensing plan for illegal immigrants.

State Senate Majority Leader Joseph L. Bruno, R-Brunswick, said Spitzer has done a "U-turn" by backing a multiple licensing system.

"The flip by the governor today does not change the fact that he is arrogantly insisting on giving driver's licenses to illegal aliens, licenses that could still be used as breeder documents to obtain other valid forms of identification," said Bruno, who contends the Spitzer plan sanctions illegal immigration.

Spitzer, Bruno said, is "not listening to the millions of New Yorkers" who oppose his illegal-immigrant plan; a poll recently showed more than 70 percent are against it.

Twenty county clerks have said they would not comply with Spitzer's policy on illegal immigrants. It is already the subject of a lawsuit in state court, and last week Hochul and Niagara County Clerk Wayne Jagow threatened to call police if any illegal immigrants apply for licenses.

But in an interview, Spitzer defended the agreement.

"We have proven that we can simultaneously accomplish the very objectives laid out -- to ensure we have the most secure driver's license in the nation, comply with REAL ID and give licenses to undocumented immigrants," he said.

Asked why he rolled out his policy on illegal immigrants before cutting a deal with the federal government on more secure licenses, Spitzer said Saturday's agreement did not result from political heat from Democrats and Republicans. "This is absolute vindication of everything I've said," the governor insisted.

Spitzer said his plan will help to bring illegal immigrants out of the shadows and into the state system of identification. He said his critics are "just playing unfortunate politics."

'Scarlet letter' implications

But Chung-Wha Hong, executive director of the New York Immigration Coalition, which was in the forefront in backing Spitzer's plan, said the governor had struck a "political deal to give himself cover."

Over time, she said, most New Yorkers will turn to a REAL ID or the enhanced license, leaving the third form largely to illegal immigrants. With the special stamp saying they cannot be used for federal identification purposes, such licenses would amount to "a scarlet letter," she said.

Rensselaer County Clerk Frank J. Merola, a Republican who sued Spitzer last week over the policy on illegal immigrants, said Spitzer had achieved what has been under discussion dating back into the administration of George E. Pataki, Spitzer's predecessor as governor. But Merola noted that the most controversial provision -- licenses for illegal immigrants -- remains alive.

tprecious@buffnews.com

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