WPCNR ALBANY INSIDER. By John F. Bailey. October 27, 2007 with official news releases: Governor Eliot Spitzer today stood with Department of Homeland Security Secretary Michael Chertoff to announce an agreement that will make New York’s licensing system the most secure and most comprehensive license system in the country – one that will offer New Yorkers maximum choice for driver's licenses, uphold the strictest security standards and ensure the economic vitality of Upstate New York. 

However  the Governor's plan has been modified by the Department of Homeland Security: persons in New York illegally or who are not citizens will not be able to use any licenses issued by New York State to them for safety and insurance reasons to cross borders or using the license to board air planes at aiports. WPCNR reported exclusively two weeks ago that the Governor's New York license for illegals policy had not received either approval of  Department of Homeland Security or the Transportation Security Administration (which oversees safety at the nation's airports), for its one license for all policy.

Mr. Chertoff, in a statement said he did not condone the Governor's drivers license for illegal programs: "I don't endorse giving licenses to people who are not here legally, but federal law does allow states to make that choice. What we can do is insist that licenses that do not meet federal requirements be clearly so labeled. New York has agreed to do that."

The agreement means that persons residing in New York illegally will be able to obtain a third tier driver's license from New York State, but that license i.d. will not allow its holders to fly on planes from airports or cross borders. New York has agreed also to offer an enhanced driver's license for workers traveling across the Canadian border and back so as not to disrupt present worker, and finally, all citizens of New York will be offered a Real I.D. -- acceptable program in 2009.

(WPCNR was the first to report exclusively  two weeks ago that New York was required to comply with Real I.D. standards for border and plane boardings in 2009, which the Governor's Press Office said they did not have to comply with until 2013.The new agreement between New York and the Department of Homeland Security now brings New York and the Governor's license plan into this timetable and rejects licenses issued to illegal aliens as government-approved documents for boarding airplanes and crossing borders.)

The Governor's Press Office had told WPCNR, the governor would make illegal licenses identifiable so they could be distinguished from real United States citizens. Now, the Governor has reversed this policy and licenses issued under the new Homeland Security-approved agreement, will contain a phrase reading "Not for U.S. Government Purposes."

The agreement stipulates that:

• License Illegals but with a Catch-- New York State will continue to move forward with its plan to license undocumented immigrants, but will now implement that policy in tandem with the implementation of modified REAL ID regulations. When combined with the anti-fraud security measures DMV has already announced, according to DHS Secretary Chertoff, “These techniques will make New York licenses among the most secure in the country.”

•  Enhanced Drivers License for workers: The Department of Homeland Security will allow New York State’s DMV to begin offering an “Enhanced Drivers License” that will allow Western and Northern New Yorkers to cross the New York-Canadian border without a passport. This is critical because next year the federal government has mandated that New Yorkers will no longer be able to cross the New York-Canadian border without a passport. This agreement will ensure that the Upstate Economy does not suffer from this new federal mandate.

• The Department of Homeland Security, in its final regulations of REAL ID, will address the (Bush) Administration’s main concerns regarding the original draft regulations and, as a result, New York’s licensing system will be in near compliance with the anticipated final regulations as DHS has laid out.

          This accommodation will allow (New York State) to implement REAL ID far sooner than expected. The final regulations, which are due out in the next month or two, will be far less expensive to implement, and will address convenience and privacy concerns.

3 Separate Licenses 

As a result of this comprehensive license agreement, New York will offer three separate and secure licenses all used for different purposes – an “Enhanced Drivers License” for crossing the New York-Canadian border, a federally-approved license to fly on planes and a New York State license for driving and identification purposes.

The New York State license will continue to be available to both undocumented immigrants and lawful residents who simply choose not to purchase one of the federally-approved licenses, either because they already have a passport (35% of New Yorkers do), don’t want to pay an extra fee for one of these new federal licenses, or cannot meet the extra requirements necessary to get them. The state-approved license will simply say “not for U.S. government purposes.”

According to Secretary Chertoff: “In sum, that clarification, along with implementing REAL ID and Enhanced Drivers Licenses represents a major step forward for security, both for New York and for the country.”

Spitzer Explains the Compromise

“As New Yorkers who have felt first hand terrorism’s brutal consequences, and who have known what it is like to have our communities under siege, we take the threat of terrorism very seriously,” said Governor Spitzer.

“This agreement represents a major step forward for national security and will make New York and the entire country safer. It allows us to continue moving forward to license undocumented immigrants securely, while also allowing New York to implement the steps necessary to avoid economic and convenience costs to all New Yorkers as new federal travel restrictions come into effect.”

“We are pleased DHS has worked with us to address many of our concerns about REAL ID, which allows New York to begin implementing the system so New Yorkers will not need a passport simply to board a plane. DHS also heard our concerns about the need to safeguard our Upstate economy, and agreed to allow us to provide an enhanced drivers license as an alternative to a passport to permit the free-flow of commerce across the New York-Canadian border.”

“This agreement also demonstrated the benefits of putting politics aside when advancing sound policy. I respect Secretary Chertoff’s feelings about providing undocumented immigrants with driver's licenses, and applaud him and the Department of Homeland Security for recognizing that this is a state decision and that we can still implement such a policy in ways that will make the system safer and secure for all Americans.”