Governor Spitzer Meets Chickens Little

By Mark David Blum, Esq.

Don’t ever let it be said that I am one to understate a predicament and ignore potential blowback. President Lyndon Johnson said that when we make a law, we should look at it not for the good it can do, but for the harm it can cause if used improperly.

Presently, there is a law on the books in every state of this nation and of the United States military that says you cannot operate a motor vehicle without having first shown yourself competent to do so. You take a test, pay a fee, pass the test, and then get a “license” from the state to operate a motor vehicle thereon.

In the United States, we call that a “drivers license”. As you move from state to state, that license to drive is proof anywhere and everywhere that you indeed possess the requisite skills necessary to operate a 3,000 pound piece of machinery at high speeds on public highways. It contains thereon information sufficient to identify the driver; including a photograph.

Long ago the United States Supreme Court declared that “driving” a motor vehicle is not a “right” but rather permission granted by the State to individuals permitting them to use public highways. You cannot claim a constitutional violation if you are denied a license. Just say “thank you” next time you stand in line for hours at the DMV.

That license means something. For many, it is a form of identification. After all, to get the license, you have to establish to DMV’s satisfaction that you are who you say you are. It is thereafter and forever accepted and commonly believed that the person whose picture and data is on a license is indeed true and accurate. With your driver’s license, you can pretty much do anything that requires “proof of identification.”

You would think that as a lawyer, I would know everything; especially the law. One law I have never heard of nor do I believe exists is a law that says ONLY CITIZENS OF THE UNITED STATES CAN OPERATE A MOTOR VEHICLE ON PUBLIC HIGHWAYS IN THE UNITED STATES. I think even our current reactionary Supreme Court would concur that such a law would be unconstitutional. It certainly would be bad for business and would subject Americans to retaliatory laws throughout the world.

While I disagree with the underlying principle about right versus privilege, I nevertheless agree with the general idea that anybody driving on the roads should have established a minimum capability of doing so. This is why we make folks take drivers training courses, drivers education courses, and a written and driving test. Our collective safety and wellbeing depends on our fellow drivers having a basic skill set. We depend on it as we move about. This is a good thing and we should encourage that process to continue.

Since Republicans first took control of our government back in 2000, they created a war on our borders. The coined a phrase called “illegal immigrant” and declared such people to be public enemy #1. In doing so, folks who might fit this profile have been driven underground and out of sight. Their lives and freedom depend on staying off radar and out of sight. Like it or not, there are 12 million such people here or 6x the total number people we have locked up in every state and federal prison nationwide.

Because part of the process of getting a license to drive is bringing in positive proof of identification, this poses a serious problem to someone inside our borders without having gone through proper channels. While it is not a crime to be here under such circumstances, coming out will result in deportation and loss of the life that was built up here.

The person in the United States without a passport, green card, or birth certificate is without any real evidence of their identity. Consequently, such persons are closed out of the first stages of getting a drivers license. No proof of identification, no way to get a license.

Sooner or later, the reality of the situation sets in and the so-called illegal immigrant needs to drive. Buying or borrowing a car is easy. If they know how to drive and do so without violating any traffic laws when a copper is around, all the more better.

What terrifies me is the driver on the road without the proper skill set. Someone who has not taken classes or been taught how to operate the vehicle. Their knowledge of the law has never been formally tested and their operation capabilities have never been scrutinized. This driver puts all of us at risk. Regardless of their immigration status, they are on the road and we are entitled to a minimum level of safety.

Along comes New York’s Governor Elliot Spitzer to the rescue. His idea is to not require proof of citizenship or lawful status as a condition to getting a drivers license. The outrage in response has been deafening. “Spitzer has been besieged by officials at all levels recently over his plan to allow illegal immigrants with valid foreign passports to get driver's licenses. Many local county clerks are incensed over the policy. One has already pledged not to follow it.” … "Many of us think the whole idea is crazy and ill-fated," said Rensselaer County Clerk Frank Merola. "I myself will not process any driver's license renewal or driver's license verification for someone who cannot prove legal status." … “Bloomberg said Wednesday that the city's lawyer "does believe that in fact this would make New York's state driver's licenses ineligible to be used to get on an airplane. People would need other form of identification, generally a passport, and that would be a very big problem. "

Apparently I have been mistaken all these years. What I had thought was a license to drive a car is now being seen as a national identification card. The uproar and vehement attacks upon the Governor for his idea prove the thesis. Our drivers license is being converted to a national identification card. No longer are we assuring that operators of motor vehicles know what the hell they are doing. That is not important; what is important is assuring citizenship status.

Denying the “illegal immigrant” a drivers license is not going to return the immigrant to his or her nation of origin. It is not going to compel the immigrant to come up from the underground. It certainly is not going to assure that motor vehicle operators know what the hell they are doing.

Suddenly DMV, a state agency, is a conscript for the federal government? Now they have taken it upon themselves to assure the lawful status of all New Yorkers?

No. As much as I think the governor is braindead because he appointed Dan O’Hara as State Fair Director, nevertheless on this one, he is right. It is not our job as New Yorkers to do immigration work. It is our responsibility to make sure that our roads are safe and that drivers thereon know what they are doing. This is how we remain safe.

I enjoy reading how various DMV officials are going to disobey the governor. Of course, I will represent them at their arbitration hearings but every one of them should be fired. New York City lawyers who believe the federal government and FAA will not recognize a New York drivers license are using scare tactics. Seriously, how long would the Airlines allow a ban to be in place if suddenly no New York citizen were flying? Imagine shutting down JFK and LaGuardia and airports all the way to Buffalo. I verily believe that economics would force a change in federal policy – quickly. Mayor Bloomberg is quick to surrender.

The bottom line is this: When you see a driver on the road, you do not know if they have a license or a clue about their immigration status. As you drive down that highway with your precious children in the back seat, which is more important to you … that the driver in the next car be legally in the United States or that they have established a minimum proficiency at driving. The answer to that question could mean the difference between life and death.

A drivers license is not a national identification card. It should never be so. That is not who we are and that is not the legacy I wish to leave for the children of my great grandchildren. Remember who the real enemy is … an oppressive and tyrannical government.

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