Don't revamp state driver's licenses
www.detnews.com/apps/pbcs.dll/article
Onerous federal law is headed for repeal; state
proposal bans illegal immigrants
Shikha Dalmia - Opinion
Wednesday, December 19, 2007
REAL ID, the draconian federal law that would make Americans "show their
papers" before doing anything involving the federal government, may be on
its death bed in Washington. So why is Secretary of State Terri Lynn Land
redoubling her efforts to comply with it now?
The reason is that her proposal to comply with the 2005 federal law is
simply a cover for her to withhold driver's licenses from illegal
immigrants.
Land last week submitted a package of bills that would require Michigan's
7.2 million Michigan motorists -- and another 800,000 residents with state
ID cards -- to obtain upgraded licenses that would supposedly put Michigan
on the path to compliance with REAL ID. Otherwise, when the law goes into
effect in 2009, her office argues, state residents won't be able to board
planes, enter federal buildings, open bank accounts or collect their Social
Security checks.
Proposals unneeded
That would be serious. But the rub is that her proposals may be unnecessary.
Vermont Democratic U.S. Sen. Patrick Leahy, chairman of the Judiciary
Committee, this summer obtained 25 bipartisan co-sponsors for his bill to
kill the law because, he argues, it is an unwarranted federal intrusion into
a state function, raising huge privacy and identity theft issues. The House
is working on its own version of the Leahy bill.
Because of such doubts, Congress refused this summer to appropriate a paltry
$300 million of the $23 billion that the Department of Homeland Security,
the federal agency responsible for implementing the law, estimates states
will need to implement it.
Even with this appropriation, the law would be a huge unfunded federal
mandate. That's in part why 33 states have approved laws or passed
resolutions against REAL ID, some pledging not to comply. Both chambers in
the Michigan Legislature have issued resolutions demanding its repeal. The
House resolution went so far as to instruct the Legislature to "not
appropriate funds nor enact legislation" to implement the law.
Illegal immigrant ban
But Kelly Chesney, Land's spokeswoman, maintains that the secretary of state
still wants to upgrade Michigan driver's licenses. Why? "Because the
Secretary of State's office does not condone giving driver's licenses to
illegal immigrants," she says.
Michigan is one of only a few states, Chesney says, that cannot inquire into
the immigration status of people applying for driver's licenses because of a
1995 attorney general ruling. Land's proposal would change that, she said.
Denying licenses to illegals would certainly go down well with the
conservative base of Land, a term-limited elected official who might run for
governor in 2010. But this is a terrible way to make state policy.
The Department of Homeland Security already has twice missed its deadline to
issue final implementing rules. There are already questions about current
regulations that it wants states to meet, such as requiring the
establishment of the authenticity of documents verifying applicants' name,
Social Security number, home address and citizenship/legal residency status.
For example, there is no central database that Department of Motor Vehicle
folks in one state could log on to verify the birth certificates issued in
another.
Until such question are resolved, Gov. Jennifer Granholm's administration
correctly says the state should hold off on revamping Michigan's licenses.
This would avoid a lot of confusion and cost.
If Land is convinced that handing licenses to visa-less foreigners picking
fruit and hanging dry wall for below-minimum wage poses a security threat to
Michigan, she should ask Lansing to consider a stand-alone bill to ban that.
Using the federal REAL ID law as cover to accomplish that end will hurt
Land's reputation of putting pragmatics ahead of politics, while inflicting
unnecessary costs on Michigan residents.
Shikha Dalmia of Metro Detroit is a senior analyst at Los Angeles-based
Reason Foundation. Fax comments to (313) 222-6417 or e-mail to
letters@detnews.com.
© Copyright 2007 The Detroit News. All rights reserved.
www.detnews.com/apps/pbcs.dll/article
Onerous federal law is headed for repeal; state
proposal bans illegal immigrants
Shikha Dalmia - Opinion
Wednesday, December 19, 2007
REAL ID, the draconian federal law that would make Americans "show their
papers" before doing anything involving the federal government, may be on
its death bed in Washington. So why is Secretary of State Terri Lynn Land
redoubling her efforts to comply with it now?
The reason is that her proposal to comply with the 2005 federal law is
simply a cover for her to withhold driver's licenses from illegal
immigrants.
Land last week submitted a package of bills that would require Michigan's
7.2 million Michigan motorists -- and another 800,000 residents with state
ID cards -- to obtain upgraded licenses that would supposedly put Michigan
on the path to compliance with REAL ID. Otherwise, when the law goes into
effect in 2009, her office argues, state residents won't be able to board
planes, enter federal buildings, open bank accounts or collect their Social
Security checks.
Proposals unneeded
That would be serious. But the rub is that her proposals may be unnecessary.
Vermont Democratic U.S. Sen. Patrick Leahy, chairman of the Judiciary
Committee, this summer obtained 25 bipartisan co-sponsors for his bill to
kill the law because, he argues, it is an unwarranted federal intrusion into
a state function, raising huge privacy and identity theft issues. The House
is working on its own version of the Leahy bill.
Because of such doubts, Congress refused this summer to appropriate a paltry
$300 million of the $23 billion that the Department of Homeland Security,
the federal agency responsible for implementing the law, estimates states
will need to implement it.
Even with this appropriation, the law would be a huge unfunded federal
mandate. That's in part why 33 states have approved laws or passed
resolutions against REAL ID, some pledging not to comply. Both chambers in
the Michigan Legislature have issued resolutions demanding its repeal. The
House resolution went so far as to instruct the Legislature to "not
appropriate funds nor enact legislation" to implement the law.
Illegal immigrant ban
But Kelly Chesney, Land's spokeswoman, maintains that the secretary of state
still wants to upgrade Michigan driver's licenses. Why? "Because the
Secretary of State's office does not condone giving driver's licenses to
illegal immigrants," she says.
Michigan is one of only a few states, Chesney says, that cannot inquire into
the immigration status of people applying for driver's licenses because of a
1995 attorney general ruling. Land's proposal would change that, she said.
Denying licenses to illegals would certainly go down well with the
conservative base of Land, a term-limited elected official who might run for
governor in 2010. But this is a terrible way to make state policy.
The Department of Homeland Security already has twice missed its deadline to
issue final implementing rules. There are already questions about current
regulations that it wants states to meet, such as requiring the
establishment of the authenticity of documents verifying applicants' name,
Social Security number, home address and citizenship/legal residency status.
For example, there is no central database that Department of Motor Vehicle
folks in one state could log on to verify the birth certificates issued in
another.
Until such question are resolved, Gov. Jennifer Granholm's administration
correctly says the state should hold off on revamping Michigan's licenses.
This would avoid a lot of confusion and cost.
If Land is convinced that handing licenses to visa-less foreigners picking
fruit and hanging dry wall for below-minimum wage poses a security threat to
Michigan, she should ask Lansing to consider a stand-alone bill to ban that.
Using the federal REAL ID law as cover to accomplish that end will hurt
Land's reputation of putting pragmatics ahead of politics, while inflicting
unnecessary costs on Michigan residents.
Shikha Dalmia of Metro Detroit is a senior analyst at Los Angeles-based
Reason Foundation. Fax comments to (313) 222-6417 or e-mail to
letters@detnews.com.
© Copyright 2007 The Detroit News. All rights reserved.
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