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Dear Editor:
The latest Senate engrossed version of the intelligence reform bills now contain provisions that did not even exist in the house version HR 10. In effect this version is worse than the original House version in its anti-immigrant and xenophobic policies. Sec. 3006: The EAH version adds "a domestically issued document that the Secretary of Homeland Security designates as reliable for this purpose and that cannot be issued to an alien unlawfully present in the United States[.]" This verbiage will effectively pressure all state DMVs into issuing no IDs or licenses to undocumented immigrants and non-immigrant visitors/temporary residents (or the IDs/DLs from that entire state will become useless for federal purposes). Sec. 3052 (a) (1): "Beginning 3 years after the date of the enactment of this Act, a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements of this section." -- Same effects as Sec. 3006. Sec. 3052 (c) (2) (B): "Evidence of legal status- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person..." - This is new in this version, not even part of the House version. Apparently this part has been sneaked in by the conferrees without being taken to the floor. Sec. 3052 (c) (2) (C), also new here, provides for so-called "temporary" identification cards (valid for one year or until the expiration of visa). The temporary card would be clearly marked "Temporary" possibly causing discriminatory treatments in various places. This provision also makes it impossible for state governments to issue identification or driving license to those who are either undocumented or their immigration statuses are in "limbo." Sec. 3052 (c) (4) (B): "The State shall not accept any foreign document, other than an official passport..." - the infamous anti-matricula measure. And here is the bombshell: Sec. 3052 (c) (4) (C): "Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver's license or identification card." Apart from the undue and unconstitutional federal interference on the internal matters of the sovereign state, this paragraph means that all applications for driving licenses and state ID cards will be entered in the database maintained by the U.S. Immigration and Customs Enforcement (ICE). This will clearly open doors for racial profiling (causing DMV employees to turn in the names and information of any "Mexican" or "Arab" looking people into the ICE computer system), and create thousands of scenarios similar to what happened recently in the state of New York, in which someone who applied for renewal of her driving license were three days later arrested by ICE agents.

Sarah-Andrea Morrigan
Marylhurst, Oregon

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