As a New York State resident is disgusts me that my fellow New Yorkers have elected a Governor who would even contemplate offering illegal aliens State identification, much less actually draft a law to do so. The clerks who administer the licensing program voted earlier this month 30 to 3 in favor of denouncing Spitzer’s plan and calling on him to withdraw it. Governor Spitzer replied by saying “Today 30 county clerks voted for a policy that makes our state less secure and our roads less safe.”

Governor Spitzer believes that by offering illegal aliens drivers licenses, those who fail the driving test will no longer get behind the wheel. Those of us who live in reality are aware that anyone who currently drives with no license would continue to do so even if they failed a driving exam. In all likelihood, the streets would actually become more dangerous to drive on. A person in this country illegally with no drivers license is more likely to obey speed limits and other traffic laws to reduce the chance of being pulled over for fear of being deported.

Thankfully New York’s county clerks do not display the same lack of common sense as the Governor, with 13 of them stating they would refuse to carry out the Governors order, one of whom is filing a lawsuit seeking to block driver’s licenses for immigrants.

A lawsuit is being filed this afternoon against the Spitzer administration seeking to stop the implementation of a new policy permitting illegal immigrants to obtain driver’s licenses.

Rensselaer County Clerk Frank Merola, one of 13 county clerks who have vowed not to implement the new policy when it takes effect Dec. 1, said he will sue Gov. Eliot L. Spitzer and Motor Vehicles Commissioner David Swarts today in State Supreme Court in Albany.

“I think it’s a slam dunk for us,” Merola said citing a section of law that says Social Security numbers be presented when obtaining a driver’s license. The Spitzer administration has said the section does not prevent a license from being given out if an applicant has no Social Security number.

Technically the Spitzer administration is correct, New York State guidelines do allow for the issuance of a drivers license even if the applicant fails to produce a valid social security number. Here is what is does say:

If you do not have a NYS driver license or a NYS learner permit that is now valid or that was valid in the last two years, you must show proof of identity that equals a value of six points, your proof of date of birth and your Social Security Card (see Note 1).

As you can see New York State does require the applicant to present a Social Security Card unless note 1 applies to you. Note 1 says:

If you are not eligible for a Social Security Card, you must provide a letter or form SSA-L676 from the US Social Security Administration (SSA) that states that you are not eligible. The SSA letter or form must have been issued no more than 30 days before the date of your application. You must also show the U.S. Citizenship and Immigration Services (USCIS) documents that the SSA used to determine that you are not eligible for a Social Security Card. The USCIS was formerly known as the Immigration and Naturalization Service (INS).

It appears to me the law is very clear on this matter, you either need a social security number or a letter from the US Social Security Administration stating you are not eligible. In which case you must then contact USCIS and show them documentation, presumably to confirm you are here legally. Governor Spitzer would prefer that anyone with a pulse can obtain a drivers license.

As of this time I have not seen the actual lawsuit, and am unfamiliar with New York State law in regards to this matter so I cannot say for sure the judge will rule in favor of the clerk. I can say however that as a New Yorker and an American I am grateful to Frank Merola for challenging this ridiculous law which will in no way benefit the citizens of New York.

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Dumb Dems, Immigration, Politics