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Erie, Niagara county clerks accused of profiling; Spitzer receives another endorsement of his plan

by: robert.harding

Fri Oct 26, 2007 at 16:07:47 PM EDT


As Phillip mentioned yesterday, two Western New York county clerks (one in Erie County, the other in Niagara) plan on calling their respective law enforcement authorities whenever a suspected illegal immigrant tries to obtain a driver's license under Gov. Eliot Spitzer's new plan.

Today, the Buffalo News reports that these clerks are now being accused of profiling if they choose to go down this road:

The Spitzer administration and immigration rights groups say the county clerks in Erie and Niagara counties will be engaging in inappropriate profiling with their plan to alert police when illegal immigrants seek to obtain driver's licenses.

Critics said the clerks will be acting purely on a hunch and that people in the country legally could find themselves being inappropriately detained by police because they were wrongly suspected of being illegal immigrants.

"It's an attack on undocumented immigrants. It's not the job of county clerks to enforce the immigration laws. It's a federal problem," said Norman Eng, an immigration attorney with the New York Immigration Coalition, an umbrella group of 200 organizations.

The Spitzer administration said it was taking very seriously the threat by Erie County Clerk Kathleen C. Hochul and Niagara County Clerk Wayne Jagow to turn over to local or federal police agencies suspected illegal immigrants who come into their motor vehicle offices to get a driver's license.

Eng, who is mentioned in the above quote, really made a great point later in the article regarding the current policy and what the county clerks in Erie and Niagara wish to do:

(below the fold...)

robert.harding :: Erie, Niagara county clerks accused of profiling; Spitzer receives another endorsement of his plan
But critics say there is a problem with the approach. An illegal immigrant seeking a license can do so with a valid foreign passport after checking a box on the application that says he is not eligible for a Social Security number. But Eng said there are many legal immigrants in the state - such as a college student on a visa or the spouse of a visiting college professor - who are not eligible for Social Security numbers. Such people could face undeserved run-ins with law enforcement if the clerks go ahead with their plans, he said.

"I think it's outrageous that they are threatening to turn people over."

This is true. What about the legal immigrants in this state who still can't get Social Security numbers, but who with that "immigrant stigma" might be profiled by a DMV official in Erie and/or Niagara counties and that official calls the police?!?

The current policy is one that is flawed. A Social Security number is only applicable to an American citizen! With Spitzer's policy change, if you don't have a SSN, you can instead supply a VALID foreign passport or other VALID documents.

Contrary to what Lou Dobbs said on his show recently, Spitzer won't be giving away these licenses either. (Note: Dobbs said the following to open Monday's show: "And a new political showdown over the New York governor's outrageous plan to give away driver's licenses to illegal aliens. Two leading state senators, a Republican, a Democrat, both strongly opposing the governor, join us here.")

It's truly amazing to what lengths opponents of this plan will go to. I seriously doubt that they have read the full plan and have taken the time to understand it.

To close, I meant to share this with the TAP community earlier (I received this via a press notice in my e-mail inbox) but I've been sick for the last week and haven't been energized enough to blog. Nevertheless, Gov. Spitzer's plan has received another endorsement:

William J. Bratton, Chief of the Los Angeles Police Department (LAPD) and former Commissioner of the New York City Police Department (NYPD) today remarked on how changes to New York's driver's license policy will improve law enforcement's ability to fight crime and terrorism while also improving road safety.

Chief Bratton said: "As former Commissioner of the New York City Police Department and now Chief of the Los Angeles Police Department, I support efforts that have the potential to solve crimes and improve traffic safety. That's why I backed legislation in California that would give undocumented immigrants the ability to get a driver's license once they have provided proof of their identification. It is my belief that by doing that you would reduce the number of hit and runs and increase the number of insured motorists on the road. We would also now have undocumented immigrants' identifying information on record such as photographs and addresses which could prove helpful in the fight against crime and terrorism."

If Bratton endorses (and likes) this plan and if Richard Clarke likes it as well, what does that say for the ignorant fools like Joe Bruno and James Tedisco who rally their followers around the message of: "If you support this, you support the terrorists."

One final note: In the article yesterday from the Buffalo News that Phillip wrote about, Erie County Sheriff Timothy Howard had this to say:

"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.

This is the same guy who oversees the county jail where Ralph "Bucky" Phillips WAS held, but because of poor management, he escaped and ended up shooting three New York State Troopers, killing one of them.

Nevertheless, Howard's views are politics as usual. The clerks involved in this case are covering themselves. The Niagara County Clerk is a Republican and Kathy Hochul, the clerk in Erie County, is a Democrat who definitely wouldn't want to ruffle any feathers...

She's up for reelection.

To New Yorkers: READ the plan. Learn the plan. And compare this plan to what we have now. It is much better than the current policy and will make us safer.

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