http://www.nytimes.com/2007/09/28/nyregion/28license.html?n=Top/Reference/Ti mes%20Topics/People/H/Hakim,%20Danny
September 28, 2007 Clerks Balk at Proposal on Licenses By <http://topics.nytimes.com/top/reference/timestopics/people/h/danny_hakim/in dex.html?inline=nyt-per> DANNY HAKIM New York Times ALBANY, Sept. 27 - Gov. <http://topics.nytimes.com/top/reference/timestopics/people/s/eliot_l_spitze r/index.html?inline=nyt-per> Eliot Spitzer is facing a groundswell of opposition from <http://topics.nytimes.com/top/reference/timestopics/organizations/r/republi can_party/index.html?inline=nyt-org> Republicans to his plan to allow illegal immigrants to obtain driver's licenses, with some upstate county clerks even balking at the policy in a prelude to a potential legal showdown. Mayor <http://topics.nytimes.com/top/reference/timestopics/people/b/michael_r_bloo mberg/index.html?inline=nyt-per> Michael R. Bloomberg has also voiced opposition to the plan, prompting the governor on Thursday to call the mayor "wrong at every level - dead wrong, factually wrong, legally wrong, morally wrong, ethically wrong," The Associated Press reported. And <http://topics.nytimes.com/top/reference/timestopics/people/l/steve_levy/ind ex.html?inline=nyt-per> Steve Levy, the Democratic Suffolk county executive who has been outspoken on <http://topics.nytimes.com/top/reference/timestopics/subjects/i/immigration_ and_refugees/index.html?inline=nyt-classifier> immigration issues, said on Thursday there was "intense, passionate opposition" to the policy among Long Island voters. "It has hit a nerve," Mr. Levy said. While Republican leaders across the state expressed concern that the new policy could potentially give anyone, even a terrorist, access to a driver's license, it is the opposition among county clerks that could lead to a legal battle. In 51 of the state's 62 counties, county clerks operate Department of Motor Vehicles offices as agents of the state, and many do not want to process applications of illegal immigrants. In New York City, Long Island and Westchester, the state operates the facilities. Frank J. Merola, a Republican and the county clerk of Rensselaer County, which borders Albany County, says he will not carry out the policy. "I'm not going to process a driver's license for someone who cannot prove they are here legally," he said. Mr. Merola said he was not thinking about the legal ramifications about whether he could defy the state, but added, "I know I'm not going to do it." Kathy Marchione, the clerk of Saratoga County, who is a Republican and president of the New York State Association of County Clerks, said she was "leaning toward Mr. Merola's stand, but I will certainly check with our county attorney." "We certainly have a responsibility to our county to obey the law," said Ms. Marchione, who is holding a teleconference of clerks next week to discuss how to proceed. "I need to do some checking about our legal rights." The Spitzer administration is taking a firm line. Clerks are legally considered agents of the commissioner of the Department of Motor Vehicles. "The county clerks must respond and adapt to D.M.V. policy, and not doing so would be a flagrant violation of state law," said Christine Anderson, the governor's press secretary. Turning away eligible applicants, she added, "would violate his or her constitutional oath of office" and make them "subject to suit by the state and license applicants." If nothing else, the controversy has helped the governor accomplish something he has been unable to do for the last two and a half months: get Republicans to talk about something besides the attorney general's finding that members of the governor's staff misused the State Police in an effort to discredit <http://topics.nytimes.com/top/reference/timestopics/people/b/joseph_l_bruno /index.html?inline=nyt-per> Joseph L. Bruno, the Senate majority leader. By tacking left, Mr. Spitzer is also shoring up his support among Hispanic lawmakers. The governor has said the plan is a "common sense change" to improve public safety by bringing people out of the shadows. It would also lower insurance costs, he said, if more immigrants had valid licenses and insurance. The policy will be phased in starting in December. Under the rules, foreign passports will be accepted as proof of identity without also requiring a valid yearlong visa or other evidence of legal immigration. The policy runs counter to trends in many other states cracking down on identity fraud by adding requirements effectively preventing illegal immigrants from obtaining driver's licenses. Mr. Bloomberg and a number of county clerks said the new policy also conflicted with changes to federal rules that will eventually require more secure driver's licenses. Critics say the state's plan could mean that New Yorkers will eventually have to use passports as identification to board planes. "I'm really skeptical that we should be issuing driver's licenses willy-nilly," Mr. Bloomberg said Thursday, adding that doing so "leads to lots of other problems, in terms of voter registration and other things, but it's the governor's call, and if we have some problems we'll work with him and his staff." Ms. Anderson said the mayor's comments "reveal his misunderstanding of the law in this area." The governor's harsh response suggested a surprisingly bitter policy rift between the two men, who generally work closely together. New Yorkers can still use their license to board planes until at least May of 2013, Ms. Anderson said, and details of the federal regulations after that are not yet clear. Republicans announced an online petition drive on Thursday to fight the plan. Joseph N. Mondello, the state Republican Party chairman, called the plan "dangerous" and "misguided." Cheryl Dinolfo, a Republican who is clerk of Monroe County, which encompasses Rochester, said, "I do believe that the state D.M.V. is asking my office to help illegal immigrants to break the law, and this policy is one that cannot stand." John Woodward, the county clerk of Schenectady County and a Democrat, did not take a position on the issue, but said, "I'm going to follow the law." "I don't think we have much choice; we serve as agents of the Commissioner of Motor Vehicles," he added. Moves by Republican lawmakers to overturn the policy will face tough sledding in the Legislature, where a two-thirds vote in each chamber would be needed to override a veto. That would be unlikely in the Assembly, where the speaker, <http://topics.nytimes.com/top/reference/timestopics/people/s/sheldon_silver /index.html?inline=nyt-per> Sheldon Silver, supports the policy and Democrats hold a substantial majority. Assemblyman Adriano Espaillat, a Manhattan Democrat and another supporter, said "to implement measures that will further drive people underground does not enhance public safety." Among Republicans, the only counter note came, oddly enough, from Mr. Bruno, who said on Monday that he could "understand the merits" of the proposal. But by Tuesday, he was closing ranks. "This is a political move on the part of the governor to get these people beholden to him," he said during an interview on WROW radio in Albany. "And when they go and vote, who are they going to vote for?" Ray Rivera contributed reporting. . <http://geo.yahoo.com/serv?s=97359714/grpId=11648958/grpspId=1705447214/msgI d=43276/stime=1190979791/nc1=3848627/nc2=4699082/nc3=4763759> [Non-text portions of this message have been removed] -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: [email protected] Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. 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