Court rules illegal immigrants can keep licenses

Robert Polner:

A state judge ruled Tuesday the state's Department of Motor Vehicles can't take away the driver's licenses of as many as 252,000 undocumented immigrants because they lack Social Security numbers.

The DMV "may not use immigration status to deny licenses," according to the decision by State Supreme Court Justice Karen Smith in Albany. "Plaintiffs have faced and will continue to face serious injuries if these practices continue."

The court said DMV has no authority to carry out the practice, which could only be enacted by the legislature. The practice requires proof of residency not required under law, the judge said. She argued it would be similar to requiring a marriage license to prove identity, keeping the unmarried from obtaining driver's licenses.

DMV Commissioner Raymond Martinez said he will appeal the decision.

"By meeting our statutory obligation to ensure that applicants for driver's licenses are who they say they are, New York State is fighting fraud and protecting New Yorkers from terrorism and other criminal acts," Martinez said. "Verifying a person's Social Security number is a common sense and proven way to help fulfill that important responsibility."

At issue is a change in DMV policy in 2002 as a measure that could keep driver's licenses from terrorists.

The state's new practice followed its analysis of licensed drivers with Social Security numbers. The review found that of 11.5 million licensed drivers in the state, DMV couldn't verify the Social Security numbers of about 600,000 people.

DMV sent letters threatening to revoke the licenses if the drivers didn't supply valid Social Security numbers. Some 252,000 have not responded, according to the court decision.

The ruling came as Congress is expected to pass the Real ID Act, which would require a consistent set of standards for the issuance of driver's licenses in every state, including proof of legal residency in this country.

If the law passed and the DMV lost its appeal, the state legislature could consider a second type of license for undocumented immigrants, said Cesar Perales, whose Puerto Rical Legal Defense and Education Fund sued the DMV on behalf of five immigrants.

He said immigrants would need assurances that the licenses would not make them a target of immigration enforcement or police harassment.

"They ought not be carrying a scarlet letter," Perales said.

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