Illegal Aliens Lose Right to have Driver's Licenses in New York State

by Associated Press

posted 08/18/07

New York State's Highest Court affirms the state's pre-911 policy of denying driver's licenses to people who can't prove they are in the USA legally.

ALBANY - 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.

A lawsuit brought by immigrants and their advocates challenged a State Department of Motor Vehicles policy created by the Pakaki administratin, saying it was "an effort to deny driver's licenses to immigrants not legally present in New York."

"The DMV's right to insist on such documents is undisputed," wrote Judge Robert Smith in the 5-2 Court of Appeals decision.

At issue was a rule issued September 6, 2001, just five days before terrorists attacked the World Trade Center, requirng license applicants to provide federal documents proving they were in the country legally.

Seven of the Sept 11 hijackers had exploited loopholes in other states that allowed people to obtain driver's licenses and ID cards by submitting sworn statements instead of proof of residency or identity.

"If you give licenses to illegal aliens, you are inevitably giving licenses to terrorists and you are inviting another Sept 11th" said Peter Gadiel, president of 9/11 Families for a Secure America, who lost a son in the World Trade Center attacks.

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 so wasn't issued a social security number but was in the country legally. The 2001 rule required proof.

In 2005, a State Supreme Court judge in Manhattan sided with the immigrants, arguing in part that the DMV couldn't enforce immigration law.

But last July, the Appellate Division overturned that ruling. The Pataki administration had defended the rules, saying they were put in place to combat fraud and terrorism.

The issue may not be over. As a candidate last year, Gov. Eliot Spitzer said he would change the rule because it doesn't improve security and instead keeps immigrants fronm rising from the shadows." A spokeswoman said the court decision doesn't change his plans.