For Undocumented
Driver License Plan Had Union Backing

By MEREDITH KOLODNER

City and State AFL-CIO leaders took a firm stand in support of Governor Spitzer's initial plan to allow undocumented immigrants to obtain driver's licenses, despite its lack of popularity among some union officials.

ED OTT: Policy rooted in reality.

With about 70 percent of the state opposed to the original plan, labor leaders said they decided months ago that they were in favor of the change. They argued that the policy was at its core pro-worker. National security fears raised by the plan's opponents, they asserted, were red herrings, and while they understood the public's concern, they believed that politicians were using the issue to promote what was essentially an anti-immigrant position.

Building-Trade Misgivings

Nonetheless, some sectors of the labor movement, in particular some of the building trades, have not embraced the plan, although they are not going public with their opposition in deference to the larger goal of labor unity.

These positions were taken prior to Mr. Spitzer's revised plan issued last weekend, which will allow different licenses for citizens.

DENIS HUGHES: No underground workers.

"The Governor's policy is rooted in the reality of working people's lives," said AFL-CIO New York City Central Labor Council Executive Director Ed Ott. "Last time I checked, professional terrorists will have no problem getting to where they need to go."

In essence, the Governor's policy allows people who are not eligible for a Social Security Number to use a different form of identification, such as a passport. Since 2002, residents have been able to obtain a driver's license without a Social Security Number, but Mr. Spitzer's change means that the state will no longer require them to present documentation from the Federal government that they are in the country legally. Advocates say that the state Department of Motor Vehicles should not have the role of immigration enforcement, a job better left to the Federal Government.

Arguments in Favor

In addition, labor leaders argue that allowing anyone to get a driver's license who can prove their identity and their ability to drive will make the roads safer and ensure that all drivers are insured. They assert that driving is an essential component of many people's work and that taking away that ability brings hardship and in some cases danger to workers and their families.

GOVERNOR SPITZER: A bad selling job?

"The [fewer] people who are underground as we try to enforce labor laws across the state, the better," said Denis M. Hughes, president of the New York State AFL-CIO. "No worker is below labor laws, regardless of documentation. No one should operate at an unfair advantage or be treated worse because of legal status."

The coalition that lobbied for the change counts District Council 37, UNITE HERE, Local 32 BJ of the Service Employees International Union, the State AFL-CIO and the Professional Staff Congress among its endorsers. But according to sources, some statewide building and trades unions, especially the so-called unskilled craft unions, are less than enthusiastic about the policy. They have expressed concern that undocumented, non-union workers are taking their members' jobs and have questioned the wisdom of granting them licenses, thereby making it easier for them to work.

FRANK PADAVAN: National security worries.

Ed Malloy, the president of the New York State Building and Construction Trades Council, could not be reached for comment.

'Right Thing to Do'

Other labor leaders said that there were some debates in the past about the policy, but that the decision to support it by two of the largest labor bodies in the country should be a marker of significant labor support. "I'm sure there are some in the labor movement that might not agree," said Mr. Ott, "but we had the discussion. We didn't take the decision lightly, but it's the right thing to do."

Still other leaders echoed the Governor's claim that the new plan represented an improvement over the previous procedure, with a new $1.5-million anti-fraud system to verify residents' documentation. "It will be better for all New Yorkers if everyone who drives is part of a responsible licensing program," said DC 37 Executive Director Lillian Roberts. "This is a sensible initiative that promotes public safety, and we support it."

The requirement for a Social Security Number to obtain a driver's license was first instituted in 1995 as part of an effort to track down and garnish the wages of parents who were not paying child support, part of the "deadbeat dad" initiative.

Revised Under Pataki

In 2002 in the wake of 9/11, then-Governor Pataki changed the regulation to allow applicants who are not eligible for a Social Security Number to get a driver's license. The DMV then issued an administrative policy that effectively made it impossible for illegal immigrants to obtain driver's licenses by stipulating that the only basis under which they would be eligible was by presenting a letter from the Social Security Administration, which is only obtainable by people who have legal immigration status.

The state also began participating in a national "matching" process, checking Social Security Numbers against a national database, and rejecting applications if the number was found not to be valid. It is this same process that national unions have objected to at the level of the workplace, in which employers are made responsible for verifying their employees' Social Security Numbers. Federal authorities have used this information more aggressively in the past year to raid workplaces and deport groups of undocumented workers.

Opposition to Mr. Spitzer's policy change gathered steam after it was announced in late September, particularly outside of New York City. Close to half of the County Clerks, mostly upstate, are supporting a lawsuit to invalidate the policy.

Cites Security Concerns

State Sen. Frank Padavan (R-Queens), citing national security concerns, sponsored a measure to overturn the initiative, which passed the Senate last week.

"The 911 Commission repeatedly pointed out the need to have documents reflecting the legality of a person being in this country," he said, noting that many of the 9/11 hijackers used invalid licenses. He claimed that those licenses allowed them to rent vans, open bank accounts and enroll in flight school, which furthered their deadly mission.

Advocates of the bill noted that all of the licenses were from other states and claimed that Mr. Spitzer's new anti-fraud system would make New York licenses even more secure.

But Mr. Padavan said that his and his allies' position was being misconstrued as anti-immigrant when they truly believed that the policy put homeland security at risk. He said he had no quarrel with the fact that last year the U.S. issued 33,667 visas and 1.3 million Green Cards and that 700,000 immigrants became citizens. "Our gates are not closed to people who are here legally and want to work," he said. "But a driver's license is not a Constitutional right, it's a privilege."

Silver Blocked Bill

Mr. Padavan's bill is unlikely to go anywhere since Assembly Speaker Sheldon Silver refused to let a version of it come to a vote in the Assembly. Sources said that Mr. Silver was in part protecting some of his upstate Democratic members who were reluctant to either vote against the Governor or vote against the wishes of some of their constituents. They were also concerned that they would leave themselves open to Republican accusations that they were soft on homeland security.

Several sources with long experience in Albany horse-trading remarked that Mr. Spitzer could have done much more to pave the way for the controversial change.

"This is an idea that has decent merit, and they managed to screw it up," said one insider. "You gotta prepare the ground on something like this."

Democratic legislators who were in vulnerable positions in their districts but wanted to support the Governor did not know about the policy change until they saw newspaper stories the day after it was issued. Few outside the Governor's policy circle and the immigrant and labor community were consulted, the sources asserted.

'Safe Public Policy'

Nonetheless, labor leaders believe that the overall sensibility of the program will win over the public eventually. "Life in 21st century America often means being able to drive," said Professional Staff Congress President Barbara Bowen, who said her union supported it in part because so many of their students were both workers and new immigrants. "It's good, sensible public policy, and it's safe public policy."

Mr. Ott also stressed the safety aspect of the change. "There will be more scrutiny of drivers, and that should reassure the public," he said.

But he also emphasized the fact that immigrants were a vital part of the labor movement. "A huge piece of the working class of this city is immigrant," he said. "This policy is the right thing for them, and it's right for the city."