By Dan Murphy
In June, state legislators and Gov. Andrew Cuomo approved issuing driver’s licenses for undocumented residents. Now that democrats control the State Senate for the first time in a generation, and together with the governor and Assembly, democrats have passed a number of progressive minded issues.
Issuing driver’s licenses to undocumented, or illegal aliens, remains an issue that many New Yorkers do not agree with or don’t understand. In Putnam County, just to the north of Westchester, legislators asked the governor and State Legislature to stop the New York State Driver’s License Access and Privacy Act, also known as the Green Light Bill.
At issue for many smaller counties in NYS is the fact that local, county clerks operate the Department of Motor Vehicles office, as is the case in Putnam County, with County Clerk Michael Bartolotti also serving as commissioner of the DMV. “The law, as is, to me, is just riddled with concern,” he said. “It’s directly on us and on our staff to deal with this on a daily basis.”
Bartolotti also expressed concerns that undocumented immigrants may be automatically, and improperly, placed on voter registration rolls, based on New York’s motor-voter registration law. “You look beyond the potential of somebody being registered and going and voting, but besides that, you have names on voter registration rolls that shouldn’t be there,” he said. “Tons of things are driven by registration rolls. Those rolls should be as pristine as they possibly can be.”
Bartolotti, who speaks for many of the upstate county clerks opposed to the Green Light Bill, added that driver’s licenses for the undocumented would be a “scarlet letter” for undocumented immigrants who may be afraid to show their ID if they are involved in an accident. “There are absolutely merits to having this,” he said. “But for me, right now, the concerns are outweighing the merits.”
Vanessa Agudelo, manager of member engagement for the Hudson Valley-New York Immigration Coalition, asked county lawmakers to support the Green Light Bill, and pointed to the fact that it has the support of insurance companies, Chambers of Commerce, and large corporations who feel the legislation will help their employees get to work on time, and increase productivity.
Another unresolved issue is whether any law enforcement agency can access the DMV records of undocumented residents. According to Agudelo, the law states that an individual’s application information can be disclosed in response to a court order, judicial warrant or subpoena, but not an administrative warrant under Immigration and Customs Enforcement.
While one of the talking points for the Green Light Bill was that it will generate $57 million in DMV fees, which could be shared by local county governments, Putnam County Legislator Carl Albano, is doubtful. “I’m not that hopeful that we’d see a lot of that,” he said. “I think it would be a big expense for a small county.”
On Aug. 6, the Putnam County Board of Legislators voted 8-1 in favor of a resolution against the Green Light Bill and calling on Albany to repeal it. Legislator Nancy Montgomery of Philipstown, the only democrat on the board, was the sole “no” vote.
In Westchester, the Green Light Bill is “settled law” with most groups and elected officials supporting it, and with Westchester County Clerk Tim Idoni having no control over the DMV in Westchester.
Carola Bracco, executive director of Neighbors Link in Westchester, voiced her support of the passage of the Green Light Bill.
“Passing the Green Light bill is a win-win for the safety and benefit of all New Yorkers,” she said. “Hardworking immigrants will be able to access a driver’s license to drive to work or take their children to school and doctor’s appointments without fear that a minor stop will lead to detention or even deportation. Neighbors Link is grateful to all the advocates who attended rallies and wrote or called their elected officials. And we are especially grateful to Senate Majority Leader Andrea Stewart-Cousins for showing the leadership required for bringing this to a vote and to all the elected officials who championed this bill.”
New York State Attorney General Letitia James said her office will defend the law in court if it is challenged. “The law is well crafted and contains ample protections for those who apply for driver’s licenses,” she said.
Supporters of the Green Light Bill have argued that the state will see increased revenues from the new drivers’ licenses and can use that money to help county Department of Motor Vehicles offices, or county clerks, hire additional staff. One estimate shows that the state will get $57 million in additional revenue, and $26 million in one-time revenue from applications for driver’s licenses.
Immigrant advocacy groups will also defend the constitutionality of the law in court, if needed, and compared the rebellion by upstate clerks to what happened in Kentucky when a county clerk refused to issue marriage licenses to same-sex couples.
A six-month waiting period proceeds the time before the Green Light Bill becomes law, Dec. 14.
Monday, Dec. 16 will be opening day for Green Light, and the first time that undocumented residents can apply for a driver’s license.
Undocumented residents will have to apply for a permit and then take a road test, after filing out an application at the DMV, and present acceptable documentation – either a passport, or foreign driver’s license. Proof of residency will also be required by presenting a utility bill or other document with the name and address of the applicant. The DMV cannot share any information with U.S. immigration officials or ICE without a court order.
The only way the Green Light Bill will be overturned is in the courts; county clerks in Erie and Herkimer counties are preparing lawsuits against the law.
