Posted on 10/26/2007 5:18:25 AM PDT by jmyrlefuller
Illegal immigrants who try to apply for driver’s licenses in Erie and Niagara counties will be subject to arrest — and deportation — under a plan being developed by the two county clerks and law enforcement officials.
The move is the latest — and potentially most serious — challenge to Gov. Eliot L. Spitzer’s new policy to permit illegal immigrants to obtain driver’s licenses if they possess a valid foreign passport and other identification.
“I’m being asked to look aside to something that’s illegal, and I’m not going to do that,” Niagara County Clerk Wayne Jagow said Wednesday.
Jagow and Erie County Clerk Kathleen C. Hochul have been in discussions with local police officials to determine what procedures will be used — and whether federal or local law enforcement agencies will be notified — if an illegal immigrant seeks to apply for a driver’s license.
The effect, the two county clerks said, will be to discourage such individuals from seeking licenses in the two jurisdictions.
The decision is a clear repudiation of Spitzer’s policy and undermines what the governor said is a program that will make the roads safer by encouraging illegal immigrants already on the roads to get trained and licensed and, presumably, insured. Critics, though, say the policy is a risk to security and serves as the state sanctioning illegal immigration.
“We didn’t ask to be put in this situation, but this is the proper recourse,” said Hochul, a Democrat who was appointed to her post earlier this year by Spitzer after her predecessor, David Swarts, was named commission- er of motor vehicles.
Swarts and Spitzer were sued this week by the Rensselaer County clerk, Frank Merola, who is seeking to block the policy from being implemented in December. Hochul is considering joining the lawsuit.
The Spitzer administration sharply criticized the decision by the two Western New York county clerks. “It would be dangerous for local authorities to self-deputize themselves as [immigration] agents. It would only serve to continue to drive people into the shadows, spread fear and do nothing to improve the safety and security of New Yorkers,” said Spitzer spokeswoman Jennifer Givner.
She said the administration will work with the clerks “and believes this issue can be worked out.” She did not say how.
Twenty county clerks across New York, including in Chautauqua, Allegany and Genesee counties, say they will not implement the policy. Most county clerk offices run Department of Motor Vehicles offices for the state.
But Hochul and Jagow, a Republican, say they will carry out the governor’s policy because they are agents of the state government and believe they have no choice. In response, though, both said they also take an oath to the U.S. Constitution, and so, in the words of Jagow, can’t “turn a blind eye” when somebody in the country illegally comes into their office for a driver’s license.
Jagow said he has been working with the Niagara County district attorney’s office and law enforcement agencies on a plan to coordinate how clerks will notify police when an illegal immigrant applies for a license. Hochul said she has been in touch with the U.S. Department of Homeland Security, the U.S. Bureau of Citizenship and Immigration Services and the Erie County Sheriff’s Office, and all have pledged cooperation.
Jagow likened his response to an incident that happened recently in which a person wanted on an outstanding warrant applied for a driver’s license. Lo cal police were called when a clerk, who is also a part-time town police officer, recognized the individual.
“Even though I have to be an agent of the [DMV] commissioner, it doesn’t mean I’m going to have blinders on and not look at something that is illegal and not report it,” Jagow said.
“Illegal is illegal,” he added.
Hochul said giving illegal immigrants a license “gives them cover” in this country by providing them a valuable form of identification. She said her plan to both permit the Spitzer program to be implemented, yet have illegal immigrants arrested if they apply in one of her offices, covers the “dual responsibility” she has to carry out both state and federal laws.
“It will be a deterrent, and that’s what I’m looking for,” Hochul said of the chilling effect it will have on license applications by illegal immigrants.
Meanwhile, Bill O’Loughlin, the Republican candidate for Erie County clerk, said Wednesday he will hire a lawyer to commence legal action to stop Spitzer’s plan and to halt the DMV from getting the scanners required for processing driver’s licenses for illegal aliens. O’Loughlin is opposing Hochul in the clerk’s race.
“We will definitely respond to it,” Erie County Sheriff Timothy Howard said of requests by clerks to respond to a possible illegal immigrant applying for a license. He said that he has talked to Hochul and that his officers would be available if called.
Howard added that he believes the new policy will hamper security efforts. He does not buy Spitzer’s argument that the plan will make the roads safer.
“The New York State DMV already revokes licenses for people who don’t go to court, if they don’t pay fines and for parents who don’t pay child support. So, it’s ludicrous that we’d give licenses to people who aren’t in the country legally,” Howard said.
County clerks have also raised concerns that voter registration fraud could increase, and they note that a driver’s license is the form of identification shown for pistol permits and that the driver’s license rolls are used to compile jury pools.
Spitzer says up to one million illegal immigrants are already living in New York, and many drive on its roads. He says his plan will cut insurance costs by $120 million by reducing accidents by people without insurance. And he said new security measures being implemented will make the New York license more secure and provide a means for the state to keep better track of its residents — whether in the country legally or illegally.
More on the issue and Western New York's response:
Opposition to governor's plan gets bipartisan support, Olean Times-Herald
Cattaraugus County lawmakers added their voices to the chorus of critics of Gov. Eliot Spitzer's proposal that would allow illegal immigrants to obtain state driver's licenses.
County Clerk James K. Griffith, who would be charged with implementing the governor's policy, said in a letter to county lawmakers: "The only new applicants that will be eligible to receive New York State driver's licenses are those who have a valid foreign passport. Suggestions that illegal aliens will be able to come to local DMV offices without proper identification and get a driver license are not accurate."
Mr. Griffith told the Olean Times Herald later that Attorney General Andrew Cuomo determined earlier this week that the governor's proposal is legal.
"The argument has been that it's not legal. The attorney general says it's legal," he said.
Thanks go to these County Clerks for attempting to uphold the rule of law.
Spitzer should be arrested.
thus adding another strategy for appeal - your honor, the verdict should be set aside because juror number 6 was an illegal alien.
"Notwithstanding any other provision of federal, state, or local law, a federal, state, or local government entity or official may not prohibit, or in any way restrict any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual."
QUISLING: a synonym for traitor, someone who collaborates with the invaders of his country.
Once they are insured, they'll suddenly stop running into things? No, same number of accidents, but now all pay higher rates because the illegals are covered as well, and it costs the insurance companies money.
County clerks who fail to institute this policy should be impeached. Kudos to those who are on the right side, even if they are RATS.
According to Frank Merola’s lawsuit they requested a restraining order as letters to previously known immigration violators were going to be sent out this or next week telling them to come on in and help yourself to a NY license. There’s been little word on the status of the request but it does appear that Spitzer is wasting little time in getting those Hillary voters into the system.
You don’t need a drivers license to get auto insurance...this is all about votes....
Once they are insured, they'll suddenly stop running into things? No, same number of accidents, but now all pay higher rates because the illegals are covered as well, and it costs the insurance companies money.
No, $120 Million is the estimated amount of preimums that illegals will pay if allowed to legally register their vehicles.
However, if they're driving illegally now, and are here in the country illegally, what makes them think that they'll all of the sudden start obeying the auto insurance laws?
You mean the other way around?
You need auto insurance to own a car, but not to get a license. The car is insured, not the driver, if I do recall correctly.
Drive them into the shadows all the way back to sunny Mexico
Spitzer must be thinking to run for president one day. He’s trying to build his base of illegal voters nationally. If we lose the ‘08 election, God forbid, it will be easier for the illegals to eventually vote for him.
Spitzer is giving the illegals “legal” identification on top of the RATs’ attempt to make voting without any identification the law of the land.
Democrats want those votes, no matter what. Illegals buying guns will also work well into their gun grabbing plans. They don't give a damn about public safety, just votes and their agenda.
Thank goodness there are at least a couple of American patriots willing to stand up against this Spitzer idiot in those counties.
No the plan is to register them under motor voter,then they can vote and keep the socialist in power.Once they are on the voting roll any attempt to purge the rolls of illegals will be meet with cries of racism and the excuse of “well we don’t know who’s legal and who’s not so there’s nothing we can do!”
The feds have offered varying levels of cooperation to States in designating police to enforce criminal immigration law. There is a partnership program currently underway that’s had police granted limited federal LEO powers for this purpose. There are also some statements from the former USAG suggesting that police already have the power to make arrests for immigration related crimes, which implies that the partnerships aren’t needed. Not sure how that will shake out.
But for civil violations (aliens not previously deported, wanted on warrants, or under deportation orders, etc.), I’m not sure what will happen if local police try and arrest them for ICE. I’m not sure if a federal judge might try and cut them some slack, based on their unlawful arrest, and I’m not sure if they wouln’t be able to sue the local police (and whether they could stay in the country until their case is heard).
Thank you for cutting through the rhetorical B.S. Yes, it is indeed about votes - and that which the governor believes is good for his political ambitions is evidently seen as pure poison at the county level.
It's not surprising, actually - county clerks and the like actually have to deal with the people every day. The governor, it seems, is comfortably insulated from the voters. I'd trust the opinion of the guys who work where the rubber meets the road, policy-wise, any day.
It's an amnesty by fiat. There was an excellent editorial recently that the NY Times and Spitzer are pushing this so as to create legality through a backdoor means since the amnesty in the Senate failed last June. Either way they're going to get these illegals on the rolls to vote for the liberals and that's exactly why the democrats want them legalized so bad.
Well, they’re still working out the details whether or not it’ll be the federal or local authorities doing the detaining, and if I were to guess, it will probably end up being the federal authorities. Seeing that both of those counties are up against the Canadian border and there’s border patrol abundant in the area, I think border patrol won’t be a problem.
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