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.
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