News Update - October 27, 2007

By Alan Lee, Esq.

Governor Spitzer Compromises on NYS Driver's Licenses for the Undocumented

Governor Spitzer has compromised with his opponents over the issue of driver's licenses for the undocumented, and the state will give drivers licenses to the undocumented distinguishable from those of others. These licenses will fall in the third tier of licenses under which the first will be the kind that is seen now, the second that satisfies the requirements of the Real ID Act, and the third for the undocumented. With this license, the undocumented will not have access to federal buildings or airplanes. Gov. Spitzer had fought for identical licenses against the likes of Joe Bruno, the Republican New York State Senate leader, and Lou Dobbs, the anti-immigration CNN figure, even seeking and receiving the support of terror experts who stated that identifying the undocumented would enhance national security. However, it would appear that the governor's compromise will not satisfy the anti-immigration forces who only wish to see the undocumented deported; nor will it satisfy the needs of the undocumented who will carry a card identifying them as undocumented. With many local law enforcement authorities now cooperating extensively with U.S.I.C.E.( the part of Homeland Security that tracks and apprehends the undocumented), such a card will become a liability in any encounter between them and the police.

 


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2007 Alan Lee, Esq.

 

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