Remember Animal Farm? Some Are More Equal Now (RR
12-1-2003)
The rule of law has always been a key
to American prosperity. Without the law, there was little incentive for
many people to strive since someone more powerful could take whatever
they created. The idea of equality before the law is a key American concept
and one of the foundations of our freedom.
Unfortunately, this concept is rapidly
being eroded. I’ve received complaints from North Carolina natives who
were required to return home to get additional documentation to obtain
a drivers license while people with far more dubious documentation were
assisted in obtaining fake identification cards (licenses). DMV examiners
have been told that it is none of their business whether the applicant
is in this country legally, or even whether he or she can speak English
well enough to read or understand directions.
One of the dangers of this lenient approach
to licensing is that more and more drivers are unable to speak English.
Now, according to a recent article, “Across the Triangle, judges are finding
motorists not guilty of drunken driving and refusal charges because law
enforcement officials weren't able to read their rights or guide them
through sobriety tests in Spanish.”
According to the article, “A 2000 University
of North Carolina study shows Hispanic drivers are more than twice as
likely to be involved in alcohol-related crashes as non-Hispanics and
about 3 1/2 times as likely to be charged with drunken driving. Researchers
say these phenomena can be explained in part by the lack of enforcement
of drunken driving in some of the immigrants' countries of origin. “
The lack of law enforcement in other countries
should not be permitted to erode the law in this one. I first became of
the extent of the illegal immigration problem in NC when a policeman told
me about the “catch and release” program for illegal aliens. According
to him, there’s no point in arresting some people for DUI because they’ll
get a new license rather than show up for court. Many already have several.
Now it appears that even if they make it to court, they may be given a
“free ride” at public expense because they claim they can’t speak English.
Wake County’s prosecutor suggested that
if law enforcement personnel were required to take Spanish, “we might
as well make them start studying Magyar, Yiddish and Chinese.” He’s right.
In George Orwell’s Animal Farm: “All animals
are equal, but some animals are more equal than others.” Let’s hope North
Carolina doesn’t permit that warped logic to prevail.
California is Conservative Compared to North Carolina (RR 12-1-2003)
For years I’ve observed that it seems
North Carolina’s liberal leaders are determined to follow California’s
crazy ideas … from banning phonics to stealthily embracing ebonics (see
the August 11, 2003 Raleigh Report showing the decline in grammar skills)
to taking on long term debt to pay current state operating costs. But
in one area it has long seemed California is downright conservative compared
to NC.
California’s former governor vetoed legislation
that would permit people in this country illegally to obtain drivers licenses
because he recognized the threat to national security posed by helping
people break the law. Only when threatened with recall did he relent and
sign a bill that would help people break the law. Apparently he thought
he saw political benefit in helping people break the law, but he was obviously
mistaken.
North Carolina’s governor, even when attorney
general, apparently is more liberal than Davis. He sees no problem with
helping people break the law. The Democrat leaders who control the legislature
evidently support his position, since they will not permit legislative
action to end the practice of issuing drivers licenses without requiring
real proof of identity or residence.
Earlier this year, in an attempt to highlight
the danger posed by North Carolina’s current lax license issuance policies,
I invited Peter Gadiel, the father of 23 year old James Gadiel, one of
the victims of the 9-11 bombing, to visit North Carolina. He addressed
the legislative committee to which my bill requiring proof of legal residence
to obtain a drivers license was assigned, begging them to act on the bill,
and warning that if they failed to act they might be viewed as responsible
in the event of another terrorist incident. Unfortunately the Democrat
leadership had decreed that no vote would be permitted so their members
could avoid responsibility for helping people break the law.
A recent N & O poll suggests that
the Democrat leaders might want to reconsider their position. Apparently
three-fourths of North Carolinians believe there are too many legal immigrants
and a similar number think those here illegally should not be permitted
to remain. It seems clear that the majority of North Carolina’s legal
voters are not likely to support helping people break the law.
The federal government sets the level
of legal immigration. The state government sets the rules for drivers
licenses. It is absurd for the state to help people violate immigration
laws.
| Fern Shubert
Takes Aim at Gov. Mike Easley's Encouragement of Illegal Immigration |
| Contact: 1-877-GOV-FERN
(468-3376)
FOR IMMEDIATE RELEASE
Senator Fern Shubert has added a
stance against Easley’s encouragement of illegal immigration as
one of her top campaign issues in the race to become the next Governor
of North Carolina. Shubert says Governor Easley’s encouragement
of illegal immigration threatens national security and North Carolina’s
future. “Why does he want to help people break the law?” Shubert
asks.
“What we have here is a recipe for
disaster!” Senator Shubert said. “The Democrats are raising taxes
to pay for their policy of encouraging illegal immigration. Their
policy is hurting North Carolina workers and running off jobs. Everywhere
I go around the state, law enforcement officers, health care workers,
and education professionals tell me about the enormous cost of illegal
immigration and its negative impact on North Carolina. Their concern
isn’t immigration; it is illegal immigration.”
Governor Mike Easley’s policies
have made North Carolina a welcoming destination for people who
break the law. “The D.M.V. in North Carolina, where illegal immigrants
from the states on the Eastern seaboard go to get their drivers’
licenses, is aware of its role, said Wayne J. Hurder, North Carolina’s
director of driver’s license certification.” (The New York Times,
3/2/2003)
Hurder claims he acts to promote
public safety, but as State Tech magazine says (October 2002), “fake
identification documents and cards can open the door to devastating
terrorist activities.” If fakes are dangerous, how about real licenses
issued based on false documentation, as North Carolina does? Government
Technology (April 2003) notes that “Drivers often secure multiple
drivers’ licenses to conceal out-of-state criminal convictions and
traffic violations.” How does helping criminals establish new fake
identities promote public safety?
“Were you aware that our DMV (Department
of Motor Vehicles) is giving out driver’s licenses without real
proof of identity or residence? Governor Mike Easley has rolled
out the red carpet to illegal immigrants, encouraging them to come
here, and it is costing North Carolinians their jobs.” Senator Shubert
said. “Even California Governor Gray Davis recognized the threat
to public safety posed by permitting illegal immigrants to use tax
identification numbers (TINs) as proof of identity and twice vetoed
legislation authorizing the use of TINs. North Carolina not only
allows the use of Taxpayer Identification Numbers, which prove nothing,
to establish identity, but we’ll let non-residents pay $2 to sign
a sworn affidavit stating they live in North Carolina and accept
that as proof of residence.”
Shubert continued, “Governor Mike
Easley’s policies make establishing a false identity easy in North
Carolina. His policies have encouraged the development of a network
that not only assists illegal immigrants, but also encourages criminals,
gangs, drug dealers, sex offenders, drunk drivers, and terrorists
to enter our state.”
“North Carolinians are generous
and compassionate people.” Senator Shubert said. “But these are
dangerous times and we must put the protection of law abiding citizens
ahead of political considerations. We must put the safety and well
being of the citizens of North Carolina first. I am the candidate
who will roll up Mike Easley’s red carpet for lawbreakers and support
those who obey the law rather than those who ignore it. |
| Published: 9/26/2003 |
NC Welcomes Terrorists
Drivers Licenses Revisited (RR 1-11-2002)
The October issue of the Raleigh Report
(available at www.forfern.com) talked about the fact that NC was so lax
in issuing driver’s licenses that Pakistanis who came here from New York
to get licenses said they did so because it was so easy compared to other
states. As a result of pressure from several House Republicans and a few
reporters, the Department of Motor Vehicles ( DMV ) then claimed that
a new law was going into effect November first which would tighten up
on license issuance.
Unfortunately the major media reported
what DMV said without informing the public of DMV’s past record or the
fact no new law was passed with a November 1 effective date. In order
to avoid further scrutiny, DMV was just using the press to mislead the
public by pretending to do what was needed to fix what was very obviously
a major problem.
The House budget actually included a fairly
obvious step in ending the practice of issuing licenses to nonresidents
by requiring DMV to issue a temporary license when the applicant passed
the test and to mail the permanent license to the address given by the
applicant. Unfortunately, when the conferees appointed by Democrat Speaker
of the House Jim Black and Democrat President Pro Tem of the Senate Mark
Basnight met, they dropped that simple safeguard, perhaps because the
Democrats who run the executive branch did not really want to fix the
problem.
In its place they put a provision that
makes a joke of the suggestion that applicants must provide documents
that prove they reside in NC by saying that "if an applicant cannot
produce any documentation specified" then the applicant "may
complete an affidavit." That’s right, even though the documentation
specified is as meaningless as a preprinted business letterhead (run off
on a personal computer printer), if the applicant doesn’t want to bother
with printing themselves a letterhead they can just give the examiner
$2 and swear to an affidavit.
This issue isn’t going to go away. Giving
official government identification to people who provide false information
should be viewed as an invitation to terrorists.
SC Attorney General Thinks NC Licenses Untrustworthy (RR 1-11-2002)
In fact, he recently asked US Attorney
General John Ashcroft to require airlines to refuse to accept licenses
from NC and three other states as identification for boarding planes.
As he stated "illegal aliens have been getting on planes all over
this country with nothing more than a driver’s license to carry them on
board. . .This is a very dangerous situation."
But NC officials are not concerned about
the situation. Wayne Hurder, director of driver’s license certification
for DMV, speaking for NC’s executive branch said "Our job is not
to force compliance with immigration laws." Mr. Hurder is simply
following the guidance he received from the Attorney General’s office
when it was under the guidance of current Governor Mike Easley. These
officials want to issue drivers licenses to illegal aliens, as Mr. Hurder
explained, because they believe that illegal aliens are going to drive
without a license if we don’t give them one, so why not issue licenses?
The public needs to demand changes in
how licenses are issued and in the attitudes of those responsible for
licensure. After September 11, the idea that anyone should be able to
lie to get a license is simply unacceptable.
In an editorial November 1, the Charlotte
Observer talked about how "Virginia’s liberal policy for obtaining
a driver’s license or state identification card has led to fraud and corruption."
They said "tens of thousands of illegal immigrants got legal driver’s
licenses or identification cards in Virginia, where applicants needed
none of the standard proofs of identity or residency - such as a Social
Security Card or utility bill."
But when it came to NC, the editor let
his friends in state government off the hook. He claimed that "such
elaborate schemes as those in Virginia have not been documented in North
Carolina," even though 400,000 NC drivers licenses have been issued
to people who admitted they had no social security number. Perhaps he
forgot that the lawyer for a Madison County license examiner who was charged
with "wrongful issuance of a driver’s license" was chairman
of the State Board of Elections and a fundraiser for Governor Mike Easley.
Pakistanis from NY Come to NC
…for Driver’s Licenses (RR 10-24-2001)
Recently three Pakistanis were arrested
because they were trying to use phony ID info to get "valid"
NC driver’s licenses. They told the judge they came here to get a license
because it was so easy compared to other states. Wonder why?
I can’t say, but I can say that last week’s
events certainly gave me a few new ideas on the subject. Last week a bill
aimed at discouraging underage drinking reached the House floor. It raised
the penalty for securing or using a phony ID to the level of a class 1
misdemeanor. It also instructed DMV to establish a database of driver’s
license info to be used by retail merchants to easily establish the age
of prospective customers electronically.
To me, it seemed wildly inconsistent to
set a penalty for buying a fake ID higher than the penalty for obtaining
a real NC driver’s license by using false information. It also seemed
to me that the database established for the merchants should be available
to boards of election that wanted to use it to verify voter addresses.
After all, the Motor Voter legislation passed a few years ago encouraged
voter registration of driver’s license applicants, and we know we have
many, many thousands of invalid driver’s licenses, many probably held
by nonresidents.
To address these concerns, I asked to
have 2 amendments prepared. One would raise the penalty for using false
information to get a government issued picture ID (like a driver’s license)
to a class 1A misdemeanor, just one step higher than the penalty for buying
a totally false ID. The other would authorize boards of election to access
the DMV database to verify addresses. Since I don’t like playing gotcha,
I told the House floor manager of the bill, Rep. Phil Baddour, what I
planned to offer as amendments.
Rather than supporting the amendments,
Rep. Baddour said that if I insisted on offering them, he would simply
pull the bill. He finally agreed to permit the first amendment, but only
at the class 1 level, so I offered that amendment and it passed unanimously.
Better than nothing, I suppose.
Why Are The Lines So Long At DMV? (RR 10-24-2001)
Could it be because only NC’s Executive
Branch is foolish enough to want to sell driver’s licenses to people from
all over the world without regard to North Carolina residence? This may
sound ridiculous, but consider the following:
When a bill to permit DMV to register
driver’s license applicants for the draft reached the House Appropriations
Committee, it was waylaid by a number of lawmakers who were upset by the
fact that DMV was ignoring the law and issuing licenses to people who
didn’t even have a social security number. As Rep. Jeff Barnhart pointed
out, the manual at DMV says to put in 9’s if the applicant lacks a real
SSN.
The DOT representative said she thought
there might be an attorney general’s ruling that authorized ignoring the
law, but the bill was held up to get more information.
At the next meeting of the committee,
little info was provided, but the bill was rushed through, despite the
fact that 388,000 licenses have already been issued with no SSN. At the
rear of the committee room, irate members met with Wayne Hurder of DOT
and asked for the promised information, including the legal justification
for ignoring the law. They also asked for assurance that the law would
be followed, but were told that changes would await the January 1 effective
date of new budget provisions.
Subsequently House members amended another
bill to require DMV to retrieve the invalid licenses with no SSN. Democrat
leaders objected, but the amendment passed. As some of us observed, they
might not be able to retrieve all of the bad licenses, but it might encourage
the executive branch to at least quit issuing more bad licenses. At last
report, the number is now 399,000 and rising.
Changes in License Laws, SB 1005 Ratified 9-21-2001 (10 days after 9-11)
DMV/PROOF OF RESIDENCY/SOCIAL SECURITY #/ITIN
SECTION 27.10A.(a) G.S. 20-7(b1) reads as
rewritten:
"(b1) Application. - To obtain an identification card,
learners permit, or drivers license from the Division, a person
must shall complete an application form
provided by the Division, present at least two forms of
identification approved by the Commissioner, be a resident of
this State, and demonstrate his or her physical and mental
ability to drive safely a motor vehicle included in the class of
license for which the person has applied. At least one of the
forms of identification shall indicate the
applicant's residence address. The Division
may copy the identification presented or hold it for a brief
period of time to verify its authenticity. To obtain an
endorsement, a person must shall
demonstrate his or her physical and mental ability to drive
safely the type of motor vehicle for which the endorsement is
required.
The application form must shall
request all of the following information, and it
must shall contain the disclosures
concerning the request for an applicant's social security number
required by section 7 of the federal Privacy Act of 1974, Pub.
L. No. 93-579:
(1) The applicant's full name.
(2) The applicant's mailing address and residence
address.
(3) A physical description of the applicant, including
the applicant's sex, height, eye color, and hair
color.
(4) The applicant's date of birth.
(5) The applicant's valid social security
number. The Division shall not issue
a license to an applicant who fails to provide the
applicant's social security number.
(6) The applicant's signature.
If an applicant does not have a valid social security
number and is ineligible to obtain one, the applicant shall
swear to or affirm that fact under penalty of perjury. In such
case, the applicant may provide a valid Individual Taxpayer
Identification Number issued by the Internal Revenue Service to
that person.
The Division shall not issue an identification card,
learners permit, or drivers license to an applicant who fails to
provide either the applicant's valid social security number or
the applicant's valid Individual Taxpayer Identification
Number."
SECTION 27.10A.(b) G.S. 20-7 is amended by
adding a new subsection to read:
"(b2)The Division shall adopt rules implementing
the provisions of subsection (b1) of this section with respect
to proof of residency in this State. Those rules shall ensure
that applicants submit verified or verifiable residency and
address information that can be reasonably considered to be
valid and that is provided on any of the following:
(1) A document issued by an agency of the
United States or by the government of another
nation.
(2) A document issued by another state.
(3) A document issued by the State of North
Carolina, or a political subdivision of this State.
This includes an agency or instrumentality of this
State.
(4) A preprinted bank or other corporate
statement.
(5) A preprinted business letterhead.
(6) Any other document deemed reliable by
the Division."
SECTION 27.10A.(c) G.S. 20-7 is amended by
adding a new subsection to read:
"(b3)Examples of documents that are reasonably
reliable indicators of residency include, but are not limited
to, any of the following:
(1) A pay stub with the payee's
address.
(2) A utility bill showing the address of
the applicant-payor.
(3) A contract for an apartment, house,
modular unit, or manufactured home with a North
Carolina address signed by the applicant.
(4) A receipt for personal property taxes
paid.
(5) A receipt for real property taxes paid
to a North Carolina locality.
(6) A current automobile insurance policy
issued to the applicant and showing the applicant's
address.
(7) A monthly or quarterly financial
statement from a North Carolina regulated financial
institution.
(8) A matricula consular or
substantially similar document issued by the
Mexican Consulate for North Carolina.
(9) A document similar to that described
in subsection (8) of this section, issued by the
consulate or embassy of another country. This
subdivision only applies if the Division has
consulted with the United State Department of State
and is satisfied with the reliability of such
document."
SECTION 27.10A.(d) G.S. 20-7 is amended by
adding a new subsection to read:
"(b4)The Division rules adopted pursuant to
subsection (b2) of this section shall also provide that if an
applicant cannot produce any documentation specified in
subsection (b2) or (b3) of this section, the applicant, or in
the case of a minor applicant a parent or legal guardian of the
applicant, may complete an affidavit, on a form provided by the
Division and sworn to before an official of the Division,
indicating the applicant's current residence address. The
affidavit shall contain the provisions of G.S. 20-15(a) and G.S.
20-17(a)(5) and shall indicate the civil and criminal penalties
for completing a false affidavit."
SECTION 27.10A.(e) If any person has prior to
January 1, 2002, been issued an identification card, learners
permit, or drivers license by the Division of Motor Vehicles
without providing that person's valid social security number,
the Commissioner may not renew or accept an address change to
that identification card, learners permit, or drivers license
without the proof of that person's valid social security number
or valid Individual Taxpayer Identification Number required for
original issuance.
SECTION 27.10A.(f) This section becomes
effective January 1, 2002.
Changes in License Laws Proposed by House in version of SB 1005 Passed
in June 2001 – Mailing licenses would be slight improvement over current
law, but even this was deleted in final version (see above)
SECTION 27.10.(b) G.S. 20-7(b1) reads as
rewritten:
"(b1) Application. – To obtain a drivers license from the
Division, a person must complete an application form provided by
the Division, present at least two forms of identification
approved by the Commissioner, be a resident of this State, and
demonstrate his or her physical and mental ability to drive
safely a motor vehicle included in the class of license for
which the person has applied. The Division may copy the
identification presented or hold it for a brief period of time
to verify its authenticity. To obtain an endorsement, a person
must demonstrate his or her physical and mental ability to drive
safely the type of motor vehicle for which the endorsement is
required.
The application form must request all of the following
information, and it must contain the disclosures concerning the
request for an applicant's social security number required by
section 7 of the federal Privacy Act of 1974, Pub. L. No. 93-
579:
(1) The applicant's full name.
(2) The applicant's mailing address and residence
address.
(3) A physical description of the applicant, including
the applicant's sex, height, eye color, and hair
color.
(4) The applicant's date of birth.
(5) The applicant's social security number. The
Division shall not issue a license to an applicant
who fails to provide the applicant's social
security number.
(6) The applicant's signature.
All initially issued identification cards, learner's
permits, or drivers licenses shall be mailed to the address
supplied by the applicant on the application, by first-
class mail, within 10 days of the application date. The
Division shall issue to applicants temporary identification
cards, learner's permits, or drivers licenses valid for 15 days.
The notice that the initial identification card, learner's
permit, or drivers license will be mailed to a successful
applicant at the address the applicant supplied shall be
prominently displayed at the local Division office in English
and in Spanish."
SECTION 27.10.(c) The Division may use funds
available during the 2001-2002 fiscal year to pay any additional
expenses resulting from the issuance of temporary initial
identification cards, learner's permits, or drivers licenses and
the subsequent mailing of those documents as required by
subsection (b) of this section.
Note: Words underlined are new material being added by bill. Strikethroughs are words being deleted by bill.
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