WPCNR BUMPER TO BUMPER. By John F. Bailey. October 9, 2007: Official spokespersons for the U.S. Department of Homeland Security in Washington,  and the Transportation Security Administration stopped short of saying the two super-security agencies approved Governor Eliot Spitzer’s initiative, the “Drivers License for All” policy for New Yorkers.  A spokesperson for the Department of Homeland Security stated that Driver’s Licenses under the REAL I.D. act could only be issued to citizens when states have to be REAL I.D. compliant in 2013.

The policy announced by the Governor September 21, would  extend driver’s licenses to immigrants who are residing in the state illegally. Spokespersons for the nation’s super security agency watchdogs would not take a position against the policy outright when contacted by WPCNR. However The Department of Homeland Security spokesperson said that January 2013 was when New York State had to be highly compliant with REAL ID regulations. At this time, the Governor's office has indicated to WPCNR the DMV will not consider REAL ID requirements until the final regulations are issued by the Department of Homeland Security.

She did say that the question of citizenship in regard to issuing of REAL ID compliant Driver’s license was an issue and point of departure that the Governor’s plan would not be acceptable.

“But, of course, we are interested in securing  identification, Western Hemisphere Travel Intiative (WHTI) compliant Driver’s Licenses as well as REAL ID compliant Driver’s Licenses or other kids’ documentation, we do care about. One of the requirements (of the REAL ID Act) is you have to verify the eligibility or citizenship of the person to receive. Those  (REAL I.D.-compliant) drivers licenses would not be able to be given to illegal aliens.” Keehner said.

Homeland Security releasing Final REAL ID Regs in "Near Future."

WPCNR asked Keehner what the timeline on REAL ID Act compliant licenses was in view of the Governor’s liaison on the License for All policy had said the state did not have to be compliant until 2013 and the state was not reacting to REAL I.D. requirements until Washington “promulgates” the requirements.  Ms. Keehner interpreted the timeline slightly differently:

“In the near future, I wouldn’t be able to give a timeline, we will be rolling out the final regulations on that, yes. “

Asked if the final regulations on REAL I.D. would be ready by January, Keehner said she thought so but would not want to guarantee it. 

"Extremely Compliant" by January 20013

WPCNR asked if the Governor’s office was correct in saying the state did not have to be compliant until 2013. Keehner had a different interpretation:

“That (2013) is when they need to be extremely compliant. But, you’ve probably seen the fact sheet on our website. There’s a series of ways in which they can be compliant. Obviously we want states to be compliant as soon as possible, but the last possible and actual date is 2013, yes.”

I asked, if according to the DHS website, driver’s licenses can only be issued to citizens after January 31, 2009, was correct:

Keehner  commended, “That’s my understanding—licenses that are Real ID-compliant, yes. What we care about in this department here is making sure that we have pure documentation . so we can be sure that the person holding that I.D. really is that person, and that you are able to confirm certain things about that person which would be dated on that documentation. When our customs officers dealing with people coming across the border, they have over 8,000 different types of documentation they need to sift through.”

State Working with DHS?

I asked about theWestern Hemisphere Travel Initive effort and how the Governor’s plan affected that:

Keehner noted,  “The State of New York is one of the ones we’re working on to provide secure driver’s licenses so folks can travel with greater ease across the Canadian and U.S. border. Washington State and Vermont have said they want to do that. They are doing extremely well, we are very pleased with that partnership.”

Signoff or Not? 2 Sets of Licenses?

WPCNR pointed out the Spitzer administration has not indicated that the Department of Homeland Security had “signed off” on the Spitzer licensing of illegals policy.

Keehner said, “I wouldn’t be able to say we signed off on it either. I believe we are aware of their interest to do that. But I know, on a side note, we are working with them on the potential of their joining us on our Western Hemisphere Travel Initiative program and getting their driver’s licenses up to speed with that.”

I asked if the DHS would like very much to have a license for illegal aliens and a license for citizens?

She said, “I never said that. They could have the potential for having two separate licenses, one that is Real ID compliant, and one for illegal aliens. I wasn’t commenting on it. I said that is one thing they could be doing.”

Awaiting Answer from the State

WPCNR has placed a call to the Governor’s Press Office to ask if the state would have two separate types of licenses, one for illegal aliens, and one for citizens, or aliens legally registered with the Immigration and Naturalization Service. WPCNR awaits their return call. The Governor’s Press Officer on this issue last Friday said that the state was not reacting to REAL ID Act issues until the Department of Homeland Security issued its final regulations.

Keehner had noted earlier in the conversation that a person without a REAL I.D. compliant license (in 2013), would not be able to cross borders, not get you in a federal building and would not get you on an airplane.

TSA Says I.D. is Not Their Focus. Security Is.

Meanwhile, across town at the Transportation Security Administration,  A TSA spokesperson Lara Uselding, said the TSA would not have a comment on whether that agency approved of the governor’s “License for all” policy.

Uselding said the driver’s license is not the prime focus of the TSA screening personnel at the nation’s airports:

 “At the airports, we have many layers in place, starting with our ticket-document checkers, those are Transportation Security officers trained to look for false I.D.s and have some form of detection skills looking for persons who would do us harm.  If you say you are John Smith, and you came through with an I.D. saying Bill Smith, we would have that first layer of security to say that’s an I.D. that’s not valid, if for some reason someone sneaks through with a false I.D., from a security standpoint, we have the security checkpoints where those individuals are going to go through a screening. We have  other security layers in place to make sure nobody gets to bring a prohibited item on the aircraft and that we just make sure all individuals are screened.

I can’t really comment on the governor’s policy. From a security standpoint, we want to make sure all individuals are screened which we do and we have many layers in place to make sure that passengers follow the rules and that starts from the curb and goes all the way to the cockpit.”

Acceptable?

Asked if the Governor’s Drivers License for All initiative was acceptable to the TSA, Uselding said, “I can’t comment specifically on what Governor Spitzer’s doing, but  our focus is on security so we have layers in place and we want to make sure no person intending to do us harm, no prohibited items are going to get through and aboard the aircraft. From a security standpoint, there’s even cases where persons lose their wallet, and we follow certain guidelines to manage those on a case by case basis. Those individuals  can receive secondary screening and further scrutiny to assure they don’t have anything on their person or in their bags that would do harm to the aircraft.”

She said, “However, we do work with our other federal partners, and  if there’s ever a case where there might be outstanding warrants, we’ll refer them to law enforcement, so we do work partnership with immigration and customs. For us, our focus is on security, and we want to make sure no one has anything on their person that could harm our passengers.”

WPCNR pointed out that based on what Ms. Uselding said, that would mean Governor Spitzer’s press office is correct (that TSA is not concerned with their licensing program).

“I don’t know what you mean.”

I pointed out that the license as the Governor’s Press Office envisions it would be valid as a photo- Government issued I.D. to 20013, when the REAL ID Act takes effect, and asked, “From what you just told me, If your focus is primarily on people taking devices that could cause a security risk to the aircraft, then if you’re (TSA)convinced that the person  (alien or citizen) is not a threat to do violence, they get on the plane. Is that correct?”

“I’m not in a position to comment on the governor’s policy. We focus on people and their property. We make sure through many layers, including behavior detection officers who are trained to look for signs of fear, deception or stress, and if those individuals exhibit certain signs we’re going to pull them aside and really put them through some extra scrutiny, the same with their personal items and any kind of bags that would come through. We are focused on people and their property and insuring nothing harmful gets past security checkpoints.

I did tell you there are some cases where our people have found people with false i.d.s  or warrants and we will work with local airport police or Immigration officers.”

Upper Level TSA Comment Not Sought.

I asked if she would go to upper TSA Management to ask them to make a comment or statement that they would accept licensing of illegal aliens as the Governor suggests.

Uselding said, “We wouldn’t have that information. When a person comes to the airport and presents an I.D. to the airlines, it’s up to the airlines to check them in, and then those individuals come to the checkpoint, and again have to present proper document and boarding pass to our TSA people and then go through the checkpoint. We wouldn’t have information about whether he’s a citizen or not.”

I asked, “It wouldn’t matter to you whether he was a citizen or not. Is that what you’re saying?”

Uselding said, “Our focus is on security, and making sure people who wish to do us harm with prohibited items do not make it through and don’t harm passengers.”

I asked again if she could take this to a higher level and get a definitive announcement from the TSA that the Spitzer plan is all right with the TSA.

Uselding said, “It’s just not our place to comment on that. As I said, our focus is on security. And if there are ever cases that need to be elevated to a proper agency, we will do that.”

She reiterated that she would not take WPCNR's question to a higher management level, she said.