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Should Illegal Immigrants Get Driver's Licenses?

05 Nov 2007 11:29 am

Since this question seems very hard for Democratic politicians to give a straightforward answer to, I thought I'd try to think about it myself. The problem with saying "yes" isn't just that it's unpopular, it's that it's unpopular because it sounds ridiculous. On some level, illegal immigrants shouldn't be allowed to get coffee at Starbucks. There's nothing that a person who's in the United States illegally can do inside the United States that is legal. If it's illegal for you to live in the United States, and it's illegal for you to work in the United States, then obviously it's illegal for you to drive to work in the United States which makes handing out driver's licenses to illegals seem preposterous.

On the other hand, back to the Starbucks. While it's not legal, as such, for illegal immigrants to be buying a latte at Starbucks, they also don't, in practice, need to pass a citizenship check or show a valid visa in order to do so. And, I think, rightly so. It would be incredibly inconvenient for everyone to need to present documentation before buying coffee. Coffee shops simply aren't a good locus for enforcement of immigration laws -- laws which ought to be enforced at the border, at airports, and at the workplace. The DMV seems to me to be closer to the Starbucks than to the airport in this regard. What, after all, does the policy of requiring verified legal residency before issuing a driver's license accomplish? It doesn't stop people from crossing the border or overstaying their visa. It doesn't stop illegal immigrants from driving. Surely nobody is showing up at the DMV, getting asked for proof of legal residency, and then breaking down and getting deported. Having lots of people driving around without licenses, meanwhile, seems to be a problem for road safety and law enforcement.

Which comes back to the point that immigration laws should be enforced at the points where it's likely to be effective -- at borders and airports (which I think we do a decent job of given the objective difficulty of the task) and at the workplace, where we do a shitty job. Insofar as it would be inhumane, impractical, or uneconomic to drive the millions of currently-in-the-country illegals out, creating a relatively simple path to citizenship for them seems like a good idea. Insofar as aggregate level of immigration ought to be higher than the current legally permitted ceiling, we ought to raise that ceiling. And insofar as we ought to enforce the law more rigorously, we ought to enforce it more rigorously at the appropriate places most of all in terms of creating strong legal incentives for employers to avoid hiring illegals (I've previously been drawn to Mark Kleiman's point that we could simply create incentives -- including a valid green card -- for illegals to rat out people who hire them) rather than mucking around with the DMV.

So to echo first Hillary Clinton and now John Edwards too it really is hard to give the question a simple answer!

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Comments (113)

"So to echo first Hillary Clinton and now John Edwards too it really is hard to give the question a simple answer!"

The problem with Senator Clinton's debate performance, (and with her entire campaign), is NOT that she couldn't give a simple Yes or No answer to a complex question.

The problem with Senator Clinton's debate performance, (and with her entire campaign), is that she tries to answer on both sides of questions, tries to ignore difficult questions, and tries to deflect questions about her previous stands.

John Edwards is willing to say what he believes and what he's planning to do.

Senator Clinton is only willing to muddle and obfuscate.

(I think Marc took that post down because he realized how ridiculous his framing was, upon second thought.)

It's flatly not the case that if it's illegal for someone to be some place then anything she does in that place is also illegal or not legally done. (Note also that immigration laws are civil and not criminal laws.) If I trespass on your property and then buy something, in the normal way, from someone who had the right to be there our transaction is perfectly legal and in no sense is it illegal or not allowed. Part of your argument here is fine- that it makes more sense to enforce immigration laws at some places rather than others, and that over-all harm is likely to be less if we allow illegal immigrants to have driver's licences, but the analogy you use to set this up is no good, in part because it's false.

Any way you slice it, "giving driver's licenses to illegal aliens" sounds like a vote loser to me.

Hey everybody,

I don't know where I stand on this but...wouldn't the issuing of a license be a form of tacit sanctioning of the illegal person's staying in the country?

The big complicating factor is the precedent for treating driver's license as identification and as de facto proof of residency. One can argue that the two should not be in fact coupled (I'd be happier with the way a lot of other countries do it), but historically and currently they are. Which sets up a tricky dynamic for the Democratic candidates wanting to defend issuing licenses to nonresident aliens: if they do, miraculously, argue the case for separating the identification and the licensing functions of the driver's license, they will be seen as doing so not because it makes sense but as a cave into illegal immigration.

Look, there is and has always been a relatively easy way to significantly reduce the number of illegal immigrants coming into our country. Establishing severe punishments for employers who hire illegal immigrants will do more to reduce the number of illegals entering the country than any other method-- although it will take time. It will certainly be more effective for the money than border enforcement or after-entry investigation and deportation. It's just like drugs: for years, the wonky thing to say about the drug war is that you can't solve the problem on the supply side alone. You've got to solve it on the demand side, because as long as there is demand there will be some in the developing world desperate enough to provide the supply. The same is true of illegal immigration.

The problem, though, is that it's absolutely clear that our political class isn't going to make any significant efforts against the corporations who hire illegal immigrants. There have been and will continue to be a few token actions to appease critics, but there has been no sign of a genuine coordinated effort to crack down. And that should surprise no one. Big business gets what it wants in this country. It always has. And no appeals to neo-populism, nationalism or nativism are going to be a serious challenge to that.

(ed.- but if you attack corporate America for any reason, you are being a paleolib, not a free-thinking iconoclast unafraid to stand up to liberal orthodoxy! I know! Quite a conundrum.)

I was going to say something similar to what Matt (ntfo) said, that illegal immigrants commit an illegal act when they cross an imaginary line known as the United States border without a visa, citizenship, or other permission to enter. An illegal immigrant commits another illegal act if they get a job which requires legal residency, and in some cases a non-resident enrolling for various government benefit programs is also an illegal act (though this problem has been overblown by people trying to blame larger problems on illegal immigration). They don't have an illegal status, and thinking of them as if they do because of nomenclature just causes confusion.

Any way you slice it, "giving driver's licenses to illegal aliens" sounds like a vote loser to me.

A proposal to increase regulation of illegal immigrants and motor vehicle safety by requiring illegal immigrants to enter identifying information into a state-run database is both a way to slice it and I don't think sounds like a vote loser, though maybe you do.

driving over the speed limit is also illegal. can we automatically take away the licenses of people who do that?

On some level, illegal immigrants shouldn't be allowed to get coffee at Starbucks.

Why? What law would be violated in buying a coffee?

Starbucks is a bas example. Better example, should illegal aliens who fish require fishing licenses? Or should they be allowed to fish and hunt without a license.

Change the "frame" of the question:

Should illegal aliens be allowed to drive without a license?. Why should illegals get special lrights to drive without a license? IF a license was good enough for George Washington, it should be good enough for Juan Washington!

All of a sudden, not giving illegals licenses is being soft on immigrants. Win the bigot vote and do the right thing!

Freddie is right.

We could get rid of half the illegals in the country in a year, and maybe not even cost taxpayers a dime, if we cracked down on employers. But politicians on both sides of the aisle are afraid to say it.

As for the driver's license, the calculus of "minor policy benefit, but huge voter loser" is to obvious for Democratic presidential candidates to ignore.

What non-famous Matt said--and in fact, the 'everything you do while in the country illegally is itself illegal' is a standard line among the nativists.

In any case, the dispositive point is a practical one: denying driver's licenses to illegal immigrants won't drive them away, and won't stop most of them from driving (because we live in a backwards benighted country where most people have to drive), so the only effect of such a law is that lots of people drive without licenses. If anyone thinks that's a good thing, go ahead and try to argue for it, but I'm...skeptical.

Well, leaving politics aside, as far as I'm aware, illegal immigrants were *always* entitled to drivers' licences in America, until some Republicans in the CA Legislature during the mid-1990s Immigration Wars decided to focus on the issue, and politicians discovered it polled extremely well.

Seems to me, that if America survived a particular legal/social policy for the first 95% of its history with nobody even noticing or caring, it can't be so horribly disastrous...

While it's not legal, as such, for illegal immigrants to be buying a latte at Starbucks, they also don't, in practice, need to pass a citizenship check or show a valid visa in order to do so.

Agreed. I have a big problem with politicians trying to require state officials, policemen, teachers, doctors, apartment managers, etc. to act as immigration officers.

It's not their job. It's not what they're trained to do. And they don't have the authority to detain or deport an illegal alien even if they did find one.

Spitzer is reacting to a state problem - the presence of a large, undocumented population living in the shadows. That's a recipe for real criminality, black markets, loan sharks, shakedown artists and corrupt officials.

It's in his interest, and his state's interest to know who these people are and ensure that they're following (and protected by) New York's laws.

But immigration is a federal responsibility. That's where Senator Clinton failed to make the point - state laws don't matter, federal ones do. Spitzer can give a license to whoever he wants. She needs to declare that immigration will be handled at the federal level and explain how she would do it.

What's the plus side of giving them drivers' licenses, seriously? One would guess, it's to make our roads safer, because advocates of this aren't going to admit that the point is to make it easier for illegals to remain undetected.

But getting a drivers' license doesn't make you a better driver. In fact, all things being equal, it probably makes you a marginally worse driver, because you stop being quite so afraid of drawing the attention of a traffic cop, and so don't drive as carefully. (There's nobody who drives quite so carefully as somebody who doesn't dare face a cop!)

If drivers' licenses promote safety, it's because we hand them out only to people who know how to drive, and count on the people we deny them to refraining from driving, because it's illegal.

Being willing to violate laws is part of the defining characteristic of illegal aliens. Any illegal alien who fails the drivers' test will continue to drive. There IS no upside to giving them licenses. Only the downside of making it easier for them to be where they're not supposed to be.

In any case, the dispositive point is a practical one: denying driver's licenses to illegal immigrants won't drive them away, and won't stop most of them from driving (because we live in a backwards benighted country where most people have to drive)

What I don't understand about this whole line of argumentation is why illegal immigrants would go to the trouble of getting the drivers licenses MY wants to offer them.

You could say that illegal immigrants would get a license because they were afraid of the law enforcement consequences of not having one. But since there are no law enforcement consequences for their being here illegally, I don't see why they'd find fear-of-johnny-law a very persuasive reason to go down to the DMV and register. Then, of course, you have the practical problems of explaining to the undocumented population that they won't be arrested when they self-report their illegal activity . . .

I'm betting, if we do this, we go through a lot of bureaucratic hassle and end up with precisely the same situation. Illegal immigrants don't get licenses and drive anyway.

Why is driving without a license such a bad thing? All having a license does is confirm that you met certain bureaucratic requirements to... get a license. It has no direct relationship to ability to drive. For instance, I was able recently to renew my GA driver's license on the Internet for 10 years. For all GA knows, I could have gone blind, lost both arms in an accident, or suffered some other problem that makes me unfit to drive since I last actually went to the DMV, but they cheerfully took my money and mailed me a new license anyway. Not being able to get government licenses just seems like a common sense side effect of being in the country illegally. Want to drive with a license? Become a citizen or go back to your home country.

But what exactly will change if they drive with licenses versus without them? A license doesn't magically transform you into a better driver, it just makes it legal for you to be behind the wheel. I would be willing to bet that many illegal unlicensed drivers are already much, much safer than legal licensed drivers. If there's no real improvement in saftey, then essentially all you're doing is giving illegal aliens government sanctioned IDs. And therein lies the rub.

Starbucks is a private organization. It is not charged with enforcing laws. Governments are. You can get into all sorts of arguments about jurisdiction, state vs federal, etc; but the fundamental point is that government should not be deliberately looking the other way in order to provide what is (defined by law in many states) a priviledge to people it knows have broken (or are breaking) the law and should not be here. It is a form of government sanctioned crime against government. That just doesn't make sense to most people.

Giving illegal aliens a drivers license allows them to get car insurance. That means that if they have an accident, their victim can be recompensed.

As it is now, all the victim gets is a view of the illegal alien's car trunk as it peels away from the scene of the accident. It is true that there will still be illegal aliens who had not pursue getting a license. But there would certainly be some that would.

Matt,

I applaud your attempt to think through a position on giving licenses to illegal immigrants, contrary to leading Presidential candidates. I agree completely with your assertion that we need to focus on workplace adherance to existing law. But I find fault with your Starbucks example, and what you draw from it:

"Coffee shops simply aren't a good locus for enforcement of immigration laws -- laws which ought to be enforced at the border, at airports, and at the workplace. The DMV seems to me to be closer to the Starbucks than to the airport in this regard. What, after all, does the policy of requiring verified legal residency before issuing a driver's license accomplish?"

Actually, for most inhabitants of the US, our regular though infrequent interactions with the local DMV is our only major interaction with government, aside from paying income taxes. (As illegals generally don't pay taxes, and can't file returns, they don't share that particular interaction with the rest of us.)

I'd say that makes it a pretty convenient and meaningful locus for enforcement. The rest of us at DMV are pretty thoroughly screened and vetted (tickets, points, insurance, warrants, etc.), so having the local DMV screen would be applicants for residence and or immigration status would not add undue burden on bureaucracy, or fellow applicants. (Case in point: county clerks not otherwise politically motivated don't wnat to comply with the change in policy.)

All of this aside from the very real function that DMV provides for registering drivers, validating proof of insurance. That of doing due diligence to ensure that those who drive are who they say they are, and properly indemnified in case of an accident with property and or casualty. That's so that honest, law abiding citizens don't get hurt or their property damaged by people with no insurance or fake identities. These purposes would be greatly impeded by allowing those in the US illegally to get licenses without proof of citizenships or residency status.

You have to know that illegals pass around phony documents (birth certificates etc.) as "part of doing business."

The thought that those who break all manner of laws will suddenly want to self-identify for licensing purposes, so they can buy car insurance they can't afford, so they don't have to drive illegally is absurd on its face.

The only likely illegals who MIGHT consider getting these are those with other ends in mind. Like terrorists, evidenced by the 9/11 terrorists who held multiple driver's licenses.

Periodically the government does something which on the face of it makes it easier for people to break the law. And in almost every case it turns out to be a good idea because when the government does something which seems on the face of it unpopular, they usually have a reason for it. One good example are laws that require slow traffic to stay to the right. Since in this country, slow traffic moves at the speed limit or slightly higher, this is clearly a measure designed to help people speed, because it is safer to make it easier to speed.

In general I think there should be two questions asked in such cases. One is, does this action actually get in the way of enforcing the law. If it was not made legal for illegal immigrants to get drivers licenses would we be catching and deporting a lot of illegal immigrants at the DMV? Would we be catching and deporting a lot of illegal immigrants after routine traffic stops? The answer to the first seems to be no. I don't know about the answer to the latter.

The second is does the law further a significnat purpose of the government. In this case the purpose is public safety, and it seems like the license program does.

That the elites of both parties take positions on illegals that fly in the face of popular will shows how successful they've been at insulating themselves from the feedbacks that are supposed to make our government responsive to voters.

I think you're all missing the point. Spitzer doesn't want to give illegal aliens drivers licenses to make them better drivers.

He wants to ensure that anyone driving on New York's roads has passed a driver's test and can buy insurance.

This is a response to a problem that already exists and he can't fight it by pretending he'll deport a million illegal immigrants from the state.

He doesn't want to get bogged down enforcing federal laws that he doesn't have the resources or authority to enforce in the first place. And he doesn't want a system that simply encourages people already here to continue to hide in the shadows. He wants to enforce New York state laws, not U.S. immigration ones.

"Look, there is and has always been a relatively easy way to significantly reduce the number of illegal immigrants coming into our country. Establishing severe punishments for employers who hire illegal immigrants will do more to reduce the number of illegals entering the country than any other method..."

In order to enforce employer sanctions, employers need a reliable way of telling whether job applicants are legal residents. Any attempt to deny employment to mestizos who don't speak English on the assumption they are illegal aliens will get an employer a lawsuit from the ACLU. So employers would need to ask for some sort of verifiable ID to demonstrate proof of legal status. Real ID driver's licenses are one such form of verifiable ID; Spitzer's proposal is an attempt to go back to pre-9/11 standards when it was easy for illegals to get driver's licenses in most parts of the country, and those licenses weren't proof of legal status. It's bad policy and bad politics.

Spitzer's proposal is an attempt to go back to pre-9/11 standards when it was easy for illegals to get driver's licenses in most parts of the country

This would have been a good point if it had actually become harder for illegal immigrants to get into the country since 9/11.

It hasn't.

I am still a bit lost on how a Canadian who withdraws some US dollars from an ATM in Canada then slips across the border illegally into the US and buys a cup of coffee at Starbucks is committing any sort of crime by buying the coffee. One can argue at the extreme that his every step constitutes a separate violation of sacred US soil and that he should be given a life sentence for every footprint including those into and out of the Starbucks - but some really hot lawyer is going to have to explain where the crime in buying the coffee occurred. This isn't the Soviet Union: a human being in the United States doesn't need permission to carry out a routine purchase transaction.

Cranky

Isn't the easy (and smart political answer) "No, illegal immigrants should not get a driver's license. What we need to do is make sure that illegal immigrants in the workforce have a real path to ctizenship; one that requires them to pay taxes, learn our language and history, and become true and equal members of our society. Once they do that, they will have a drivers license. But giving a license to an illegal immigrant is a tacit nod to continue living in the shadows, and that's not good for the immigrant or our society."

Thanks, I'll be here all week.

Cranky,

I may not be a "really hot lawyer," but I've been to law school, and I think you're probably right. There is no separate and distinct crime involved in buying coffee while you are present in the country illegally. Not in the same way that driving without a license is a separate and distinct crime.

Hope that helps.

"This would have been a good point if it had actually become harder for illegal immigrants to get into the country since 9/11."

It's a good point because it has become harder for illegal immigrants to get driver's licenses in much of the country since 9/11. Bush and the Democrats have, it's true, resisted most attempts to make it more difficult for illegal aliens to get here in the first place, but after the second collapse of the amnesty bill, Bush's ICE has finally picked up the pace of enforcement actions against employers (although Kaus has questioned the real motivation for this).

But getting a drivers' license doesn't make you a better driver. In fact, all things being equal, it probably makes you a marginally worse driver, because you stop being quite so afraid of drawing the attention of a traffic cop, and so don't drive as carefully. (There's nobody who drives quite so carefully as somebody who doesn't dare face a cop!)

So by extension, unlicensed drivers in general should have a better safety record than licensed drivers. Do they?

Sadly, no. So much for that particular bit of crazy-backwards-nativist-illogic.

All having a license does is confirm that you met certain bureaucratic requirements to... get a license. It has no direct relationship to ability to drive.

I don't know how they do things in Georgia, but here in California you have to pass a test (with both a written and driving component) to get a license. I happen to think the test should probably be more strenuous, but that aside, in order to get a license here you have to have a) at least a passing familiarity with the rules of the road, and b) an ability to drive for some short period of time without making any egregious errors.

Checking immigration status at a single retailer wouldn't be effective. Checking immigration status at all retailers might be. (Or it might just create massive black markets.) But the main reason we don't check immigration status at retailers isn't due to effectiveness, it's due to the burden on the transaction. This isn't the case at the DMV, where applicants already have to provide identification and residence information to be licensed.

The question is, what does this accomplish? It denies them legal driving privileges. And it denies them a form of identification that could be useful in a host of other circumstances, making their lives more difficult.

What is lost from this policy? Those illegal immigrants that do drive don't have to pass driving competency tests, and thus may not have much incentive to learn the proper rules of the road. And illegal immigrants can't get insurance, which is a burden on other drivers.

So that's really what you have to weigh in deciding.

The Starbucks analogy doesn't seem as relevant as, say, a hospital ER, where immigration status is ignored to encourage illegal immigrants to have serious conditions treated, which is both humane and good for public health.

Matt I think there is a logical flaw here. Being a criminal doesn't make every other act you perform also a crime. If we extended that logic then we could say that it would be illegal to sell a cup of coffee to somebody who failed to appear in court for a traffic ticket. After all they are not supposed to be at that Starbucks, they have an affirmative responsibility to appear in front of that judge and every second they delay that is to thwart that legal responsibility. You could say the same thing to the guy driving with a broken tail light, or with expired license tabs. 'No drive through food for you Mr. Criminal!'

Illegal immigration is an event, you cross a border or you overstay your visa, I don't see that it makes sense to treat it as a existential state. Particularly since the government doesn't to my knowledge increase the penalties the longer one has been illegal, which is where the logic would take you if simply being illegal was a crime.

The easiest way to reduce the most number of illegal immigrants, who may be criminals or terrorists but are probably just indentured servants or sex slaves, is to punish those as employ them, you know like, siezing their yachts, jets, and so on, as we do with "drug lords".

But, that only works up to a point and it is not really consistent with our "hold harmless" and generally soft approach to crimes of the very wealthy -- you know, wealthy non-white people who hire a brown or black person to kill their wife or business partner. Seen one of those white guys on Death Row lately? Ever?

A more definitive approach needs to embrace the "Seven Laws of (digital) Identity" and the sort of technology that is, actually, the logical inverse of "Real ID".

Real ID is a Tennessee earmark in the Defense Appropriation Bill that Democrats have chosen to preserve while leaving it an "unfunded mandate" otherwise. Actually, the infrastructure for Real ID has been extensively funded, for instance, here in Texas under other titles, sort of like "Total Information Awareness" and is being implemented for vote-caging purposes by John Tanner at the Civil Rights Division, although he calls it "affirmative action", so "commerce clause" liberals here support it.

The bottom line here in Texas is that illegal aliens should be able to document their participation in state and local government on the basis of dual nationality. That means they produce their Mexican, documents, and participate in a variety of reciprocal schemes that are also protective of Americans living and working in Mexico.

One of the objectives of such a program should be the isolation of criminals -- illegal aliens in both Mexico and the US -- as well as equality and progressive in economic matters generally, for instance, strong cross-border unions and efficient taxation of wealth, monopoly rent, and economic activity supported by public works like roads and bridges.

The age of air travel and digital communications poses some new threats to the legitimacy of all the North American governments. But, these are problems that can be resolved. The main obstacle is bi-partisan and bi-national concession-tending. And, that is wholly a Washington problem.

Being willing to violate laws is part of the defining characteristic of illegal aliens.

In my experience arguing this issue face to face with a friend, this is a key point at which people's concepts of illegal immigrants diverge. I don't think the fact that someone was once willing to illegally cross a border tells you much more about their general attitude towards violations of the law than whether or not they jaywalk does, and probably tells you less than knowing if they've ever possessed marijuana does.

You guys are overproving here.

However much you may want it to be, the DMV is not Starbucks.

People at the DMV are interacting with the government, which is supposed to have some concern that new legal privileges are not handed out to lawbreakers.

If there's a bench warrant out for your arrest and you're pulled over, you're getting arrested.
If you report your income from drug dealing to the IRS, you're getting arrested. Maybe this situation should be different, but the starbucks argument doesn't prove it.

You can buy a frappucino with illicit income and you can get a latte even if there's a warrant out for you, that doesn't mean the government shouldn't enforce the law.

There's also the little matter of the linkage between driver's licenses and voter registration.

Being willing to violate laws is part of the defining characteristic of illegal aliens.

That is also a defining characteristic of human beings. No law is more or less legally binding than any other. We just assign different levels of punishment for violating them. I'm unmoved by an argument that says "Illegal immigrants are people who have no problem violating the law," when the fact is that almost no one in our society has a problem violating the law, provided it is a law they view as inconsequential. Like violating the speed limit or being drunk in public or littering or jaywalking or similar.

This is a really good discussion, folks.

Personally, I'm of the view that there is no real benefit to giving illegals driver's licenses. It doesn't make them safer drivers, etc. As others have pointed out, there is no safer driver than the one who wants to avoid the attention of a traffic cop. Besides which, I would bet that illegals who pass the test for a license learned to drive well enough to pass the test by driving without a license. By the time they can get a license, whatever danger they present on the road has passed.

But then, illegal immigration is one of the very, very few issues on which I'm not an extreme liberal. Not out of any nativist tendency or law & order fundamentalism, but out of a liberal's sense of respect for the social compact: it just seems to me you can't join it by violating it.

If the DMV isn't qualified to check citizenship, they shouldn't be registering people to vote.

"That is also a defining characteristic of human beings."

Right, all human beings have the same attitude toward laws. That's why the Japanese behaved the same way after the Kobe earthquake that the blacks in New Orleans behaved after Katrina. That's why you'll find the same respect for local laws in Guanajuato and New Hampshire. That's why illegal aliens don't litter anymore than leftwing bloggers.

Huh? If the DMV is Starbucks then illegal immigrants don't currently need to prove they are legal before they get a liscence, because Starbucks doesn't check your citizenship status when you buy a latte. So why do we need a new law? Your analogy falls flat on its face, mainly because the DMV is, uh, not Starbucks and many of them apparently do require some form of identification that at least indirectly indicates your status.

I'm sure there are some illegal immigrants out there who have guns without gun permits. We need to enable them to come out of the shawdos and get legal permits for those guns. The problem will be easier to manage -- and, really, you can't expect state governments that handle gun permits to enforce immigration laws -- that's just crazy! They are really like Starbucks, and it would be too inconvenient for everyone if you had to prove you were in the country legally before you got your gun permit.

As others have pointed out, there is no safer driver than the one who wants to avoid the attention of a traffic cop.

And again: not really. Someone driving without a license obviously "wants to avoid the attention of a traffic cop"; as it happens, that person is also several times as likely to cause a fatal accident.

Got it? Good. If I have to explain this a third time, I'm going to get very cranky.

Should al Qaeda members in the USA get their own driver's licenses ? Proper identification would clearly entitle them to Geneva Convention status that is currently denied.
What about Hamas, Fatah, Islamic Jihad and Hezbollah ?
For that matter, perhaps, driver's license vanity cards for Sandinistas, Black Panthers, Tupamaros, Basque separatists, Viet Minh, Bosnians, Bohemians, Nihilists, Tamil Tigers, Ulster Unionists, Nazis, neo-Nazis, Dominionists, Communists, Boxers, Janjaweed, Fedayeen, Underground Railroaders, Vegans, Dead Heads, and Earth First-ers ?

The states must step in and take up this matter on their own.

This has nothing to do with "illegal aliens are dangerous drivers and we need to train and lisence them." (Absurd as that sounds.) It has everything to do with making life easier for illegal immigrants. You know, make it easier for them to get illegal jobs. Beyond absurd.

I love how the left is up in arms over the "rule of law" when it comes to the Bush administration, yet is so cavalier about it when poor brown people are involved. Just as love how the "Mexican invasion" fanatics on the right are up in arms over the "rule of law" when it comes to poor brown people, but couldn't give a rat's ass when it comes to the Bush administration. I actually support the rule of law no matter who is doing the law breaking -- novel concept.

BTW, the wi-fi in Bryant Park sucks.

Right, all human beings have the same attitude toward laws

It must be fun, when confronted with an argument you don't like, to completely and thoroughly misrepresent that argument and then attack the misrepresentation. Really. I should try it sometime.

The DMV seems to me to be closer to the Starbucks than to the airport in this regard.

Kidding? next time you are at an airport, try and board a flight without a drivers license (or something even spiffier, like a passport).

Now tell me whether Dems want to make it easier for Osama's henchmen to sneak into this country illegally, get a valid drivers license, and board planes. That sounds like a real vote-winner to me.

Of course, since many places pretty much require just a drivers license in order to register to vote, maybe it *is* a vote-getting proposal.

Now tell me whether Dems want to make it easier for Osama's henchmen to sneak into this country illegally, get a valid drivers license, and board planes. That sounds like a real vote-winner to me.

Jesus.

Once again, the 9/11 hijackers entered this country legally. And boarding an American plane only requires a photo ID to ensure that the person traveling is the person who's name appears on the ticket. There's no need for the ID to be American issued (or even government issued.)

Damn, I hate this issue. You try to make an argument for the rule of law, and you find yourself standing shoulder to shoulder with this:

Right, all human beings have the same attitude toward laws. That's why the Japanese behaved the same way after the Kobe earthquake that the blacks in New Orleans behaved after Katrina.

Juan, you're not helping.

Contrary to popular belief and several well intentioned comments, DMV's do not, repeat DO NOT register anyone to vote. They provide, at most, and 100% in compliance with federal law (National Driver Registration Act, or "Motor Voter" Law) the OPPORTUNITY to register to vote at the time/place that a drivers license is obtained.

While to some, these may seem like quibbles or sematics, but they are crucial to this particular issue. If in fact one believes that DMV's register people to vote than you have a lot more to worry about than illegal immigrants voting, but rather whole classes of the citizenship population who are not eligible to vote but are eligible to obtian and have drivers licenses. Among the largest groups that would fit into this category are 16-17 year olds, in some states 15 year-olds, former felons who have completed parole, mentally handicapped, and all legal aliens who are not citizens. Each of these groups of people can obtain drivers licenses, but in many states are not eligible to vote. So if they are all being registerd to vote when they get their licenses why don't we have massive amounts of voter fraud.

The answer should be obvious, they aren't registered to vote. DMVs provide the forms, that's all. In some states, they go so far as to actually transmit the records electronically to a Registar of Voters or Secretary of State, but there is another, wholly seperate, state agency that is responsible for actually registering people to vote. Presumably, said agency recieves a DMV record and perfoms a number of checks to ensure that the person requesting registation is eligible to vote. If so, they are registered, by the Registar, not the DMV. If not, their request is rejected for any number of possible reasons.

In sum, at best there is an indirect, highly tangental link between issuing drivers licenses and registering to vote. None of this casts a judgment on whether issuing licenses to illegals is good or bad policy, rather it should serve to debunk the argument that voter fraud is an issue in that debate. It isn't, at least no more than it is for any of the other classes of people that I listed above.

It has everything to do with making life easier for illegal immigrants. You know, make it easier for them to get illegal jobs.

That has to be the stupidest argument I've seen.

I love how the left is up in arms over the "rule of law" when it comes to the Bush administration, yet is so cavalier about it when poor brown people are involved.

New York doesn't have immigration laws. I have no problem with the federal government enforcing the law and deporting people here legally. I do have a problem with people who think every other civil servant is required to act like an immigration officer, even when that comes into conflict with their actual job responsibilities.

A Governor's job is to ensure that the laws of his state are enforced and making sure that there isn't an permanent underclass hiding in the shadows is a pretty big part of that job.

Seriously, the idea that you think a janitor from Nicaragua is at the same level as a bank robber or a rapist is pretty twisted.

Being willing to violate laws is part of the defining characteristic of illegal aliens.

That's false. Once here illegal immigrants commit crimes and are incarcerated at lower rates than the general population.

MattY says: There's nothing that a person who's in the United States illegally can do inside the United States that is legal.

It should be obvious that that's a false statement. Consult that document called the Constitution. (Sheesh).

What, after all, does the policy of requiring verified legal residency before issuing a driver's license accomplish?

What an idiotic statement, but one we've come to expect from MattY. There's a reason why the 911Hijackers had licenses, and licenses that they were able to obtain because of lax laws designed for use by illegal aliens (CA) and even with the assistance of illegal aliens (VA).

Insofar as it would be inhumane, impractical, or uneconomic to drive the millions of currently-in-the-country illegals out, creating a relatively simple path to citizenship for them seems like a good idea.

Did a five-year-old write that? Allowing further IllegalImmigration is not "humane" for various reasons that MattY just can't understand. And, since even FredThompson has come out for attrition, perhaps MattY could try to understand what that means so he doesn't further embarrass himself.

And, of course, lots of things seem like good ideas. Until you actually think through everything involved. I encourage MattY to ask people to help him with that.

Click my name's link for thousands of posts with all the things about this issue that MattY doesn't understand.

There's no need for the ID to be American issued (or even government issued.)

Incorrect. It does have to be government-issued: drivers license, military ID, or passport.

There's also the little matter of the linkage between driver's licenses and voter registration. Posted by Fred | November 5, 2007 1:51 PM

And that's the crux of it all. It explains all these lame justifications and comparing it to buying coffee, etc. Most people know it doesn't make sense to offer identification to illegals. They also know that it isn't turning the DMV into an immigration enforcement center to require the same information as everybody else to get their license. The object of having illegals get licenses is to head off the requirement of providing identification in order to vote or register to vote.

"Once again, the 9/11 hijackers entered this country legally. And boarding an American plane only requires a photo ID to ensure that the person traveling is the person who's name appears on the ticket. There's no need for the ID to be American issued (or even government issued.)"

"When Sept. 11 hijackers Hani Hanjour and Khalid Almihdhar needed help getting fraudulent government-issued photo IDs before embarking on their suicide mission, they hopped into a van and headed to the parking lot of a 7-Eleven store in Falls Church, Va. That's where scores of illegal alien day laborers ply bogus identity documents to other illegal aliens from around the world.

As I've noted many times, I visited this 7-Eleven while reporting on the national security-immigration nexus. It is a stone's throw from the Pentagon, where Hanjour and Almihdhar deliberately drove Flight 77 into the ground. The parking lot is still to this day often filled with "undocumented" day laborers whom President Bush never fails to extol for doing the jobs Americans won't do (or "aren't doing," as he now hedges). Local cops I have interviewed suspect that most of these men are here illegally and that they continue to facilitate trade in fake identification documents. But nobody arrests them. We are, as the Million Illegal Alien Marches have demonstrated, a de facto sanctuary nation.

One of the illegal aliens at that 7-Eleven was Luis Alonso Martinez-Flores, a 28-year-old Salvadoran who had been in the United States illegally since 1994. He got in the van and directed the jihadis to a DMV Express office nearby; they obtained photo IDs using bogus residential info supplied by Martinez-Flores. That info was also used on ID forms for two other hijackers.


The illegal alien earned $100. One hundred and eighty-four people paid with their lives."




^excerpted from a Michelle Malkin column

Incorrect. It does have to be government-issued: drivers license, military ID, or passport.

I got onto a plane at Midway Airport about a month and a half ago with an ID issued by a private university.

People at the DMV are interacting with the government, which is supposed to have some concern that new legal privileges are not handed out to lawbreakers.

'The government'? That's deliberately fucking vague.

They're interacting with the state government.

That's why your drivers license has the name of the state at the top, and not United States of America-- the governmental entity in this federal system which deals with immigration and citizenship.

"I got onto a plane at Midway Airport about a month and a half ago with an ID issued by a private university."

So basically it's pointless to deny driver's licenses to illegal aliens -- they could always just enroll in Ph.D. programs in American universities and get IDs that way.

I wasn't saying that I wasn't mistaken, I was demonstrating the reason for my ignorance. If that helps.

The larger point stands-- terrorists can get into this country fairly easily with legal tourist or student visas. The injection of terrorism into the anti-immigration debate is a canard, a red-herring. It's a way to leverage the argument with the political muscle of anti-terrorist animus.

MY posted:

"... And insofar as we ought to enforce the law more rigorously, we ought to enforce it more rigorously at the appropriate places most of all in terms of creating strong legal incentives for employers to avoid hiring illegals (I've previously been drawn to Mark Kleiman's point that we could simply create incentives -- including a valid green card -- for illegals to rat out people who hire them) rather than mucking around with the DMV."

We don't need to enforce the current law more vigorously, we need to change the current law so it actually prohibits employers from hiring illegals as opposed to the current law which in effect requires employers to hire illegals.

'The government'? That's deliberately fucking vague.

They're interacting with the state government.

That's why your drivers license has the name of the state at the top, and not United States of America-- the governmental entity in this federal system which deals with immigration and citizenship.

I don't see what this proves. If there's a federal warrant out for you, local authorities aren't going to go out looking to arrest you . . . but if you walk into a police station and confess, it's a different story.

________

The injection of terrorism into the anti-immigration debate is a canard, a red-herring. It's a way to leverage the argument with the political muscle of anti-terrorist animus.

I'm not so sure. As I understand it, when you get a government ID today, the issuing agency at least goes to the trouble of verifying your identity in some way (birth certificates, social security cards, etc.). I have no idea how that process could possibly work if the DMV were compelled to issue ID to illegal aliens. And if there's no way to trust the identity on a government-issued ID, then I think you would be importing new security risks into the system.

Freddie idiotically says: The larger point stands-- terrorists can get into this country fairly easily with legal tourist or student visas. The injection of terrorism into the anti-immigration debate is a canard, a red-herring.

Tens of thousands of people from "SpecialInterest" countries have illegally entered over the southern border. "SpecialInterest" means: Iraq, Iran, SaudiArabia, Pakistan, etc. There have been at least a couple rings broken up, and two Hezb. members were arrested after having been in the U.S. for a year.

The insane plan called "ComprehensiveImmigrationReform" would have featured slap-dash background checks, because millions of people would have been involved and our wonderful partners like Mexico aren't exactly known for keeping good records (or being incorruptible). So, enough people with unknown terrorist ties could have been legalized under that scheme.

Believe it or don't, our government has produced several reports just about ImmigrationAndTerrorism. Here's one from three years ago, and here's one that's more recent:

tancredo.house.gov/irc/images/Investigations%20Subcommittee%20report.pdf

I'd suggest reading them so you don't embarrass yourself like MattY does.

Sorry, the first three paragraphs of the post above should be in italics . . . not just the first one.

Tom Hilton:

"And again: not really. Someone driving without a license obviously "wants to avoid the attention of a traffic cop"; as it happens, that person is also several times as likely to cause a fatal accident.

Got it? Good. If I have to explain this a third time, I'm going to get very cranky."

Someone driving without a license because he is too bad a driver to get a license is obviously a bad risk. However someone driving without a license because he is an illegal and not because is a bad driver is plausibly likely to be more careful driving than he would be if he could get a license.

It seems to me the reason "Should illegal immigrants get driver's licenses?" is "hard to give a simple answer" is fundamentally because it's a misleading political question.

Sure, you can argue against the claim that an illegal alien is doing something illegal by existing within US borders, and so forth, but (important though it might be) that's beside the point.

A) The question is misleading because the agent in question is wrong -- "Should a murderer get a driver's license?" is clouded by the fact that a murderer shouldn't get anything but punishment. The question sounds like "If you were an illegal alien, and have the choice of getting a driver's license or not, what should you do?" The correctest answer to which is "Forget the driver's license -- I should undo my assumed crime by slinking back to my country of origin."

But point A), although rhetorically significant, is actually beside the point also.

B) The real question is "What should the government do regarding illegal aliens, some of whom drive?" Matt Y's answer is "the federal government should work hard to keep them from coming in in the first place, but after that, the driving license issue isn't the best place to try to catch the ones that got through." Which at least addresses the core issue -- the questioner cares about the illegal immigrants, not the minor detail of their driving.

The question as originally posed is presuming the frame that "it's wrong to be an illegal alien; the government can interact with illegal aliens when they get driver's licenses; the government should do something at every opportunity to correct wrong behavior; therefore, if illegals shouldn't have driver's licenses (a corollary of `illegals shouldn't be'), the gummint must so something about it. So, if you don't advocate putting the INS in every DMV, you must have a surprising answer to the question `Should illegal aliens get driver's licenses?'"

Many points commenters have made (state vs. federal, not the effective place to spend money, making every state employee enforce immigration law, etc.) address the assumptions in this frame. The short answer seems to me to be: "We need to solve the problem of illegal aliens on our roads by reducing the number of illegal aliens; whether they're driving with or without licenses, enforcement at that point is closing the barn door after the horse is gone."

Someone driving without a license because he is too bad a driver to get a license is obviously a bad risk. However someone driving without a license because he is an illegal and not because is a bad driver is plausibly likely to be more careful driving than he would be if he could get a license.

Except that however plausible, as Tom Hilton has pointed out, that contention is refuted by data. (I think a debate on the reliability of empiricism versus deductive logic is a bit far of field for this thread.)

This driver's license dust-up perfectly illustrates the difference beteeen Democrats and Republicans; whatever the merits of the issue, the Republicans would not have been stupid enough to identify with something as obviously controversial and politically dangerous as handing out licenses to illegal immigrants. And even if there is a good case to be made for the program, you sure as hell don't roll it out in October, just prior to the elections.

WTF???????????

Like Prohibition

This is not a hard question, and not a question of how or where our immigration laws can best be enforced. Some laws are stupid. Some of these stupid laws are obviously so, but some, and you can argue that our immigration law fits into this category, only become obviously stupid after you try to enforce them, and run into their practical entailments. But whatever kind of stupid we're dealing with, stupid laws should not be enforced, anywhere, anyhow. The practical stupidities that come to light when you run into trouble trying to enforce them should be a spur, not to coming up with slicker ways to enforce them, but to repealing them.

Why aren't any Dems arguing this line?

Bob,

At the risk of repeating myself:

In order to crack down on illegal immigration, you need workplace enforcement. Border control alone isn't enough, because some illegals come here legally (e.g., on tourist visas) and overstay their visas. In order to have workplace enforcement, employers have to ask job applicants for forms of government-issued identification that offer proof of legal status.

Real ID driver's licenses are one such form of ID. Spitzer's plan to offer non-Real ID driver's licenses to illegal aliens is a way to undermine this; if it passes, illegal aliens from neighboring states will go to New York to get these driver's licenses.

If an employer then denies jobs to applicants using NY State driver's licenses as proof of residency, he'll open himself up to a lawsuit from the ACLU claiming that he's discriminating against brown people and he has no reason to question their immigration status.

But whatever kind of stupid we're dealing with, stupid laws should not be enforced, anywhere, anyhow.

I disagree. All laws should be enforced without passion or prejudice. The stupid ones should be repealed because their enforcement spurs political action.

Even if you're right that these laws are stupid, you're short-circuiting the necessary process of consulting the sovereign citizens of this country to see if they agree with you.

Why do Democrats want another 9/11? They oppose the use of waterboarding in extreme cases (e.g., 9/11 mastermind Khalid Sheikh Mohammed); they oppose surveillance of phone calls to places like Waziristan; and they support Elliot Spitzer offering driver's licenses to illegal aliens, like the ones used by 9/11 terrorists Hani Hanjour and Khalid Almihdhar.

Contrary to popular belief and several well intentioned comments, DMV's do not, repeat DO NOT register anyone to vote.

8 of the 19 hijackers involved in 9/11 were registered to vote in the USA, all via "motor-voter".

Why should immigration laws be enforced only at the border? What, if they manage to skip across the border they get a free ride? No; American laws should be enforced everywhere. If you rob a house are you only to be liable to arrest at the front door? If you go across town you're safe from arrest?

If you enforce employer laws, you don't have to deport people. If they can't get jobs, they'll leave on their own.

And why is it that the only alternatives being considered are either a) deport them, or b) grant them citizenship? Here's what I'll go for:

If someone here illegally has been gainfully employed, has not been a public charge (some brief period might be permitted) and has no criminal history (we're not talking speeding tickets here), and has a working command of the English language, then they could be allowed to become permanent residents. No citizenship, ever.. Their children would be permitted to achieve citizenship, but only through the usual legal channels for the same.

American citizenship must never be awarded as a reward for a criminal act. Permanent residency will be perfectly good enough for them. It enables them to be secure in their jobs and homes and to have citizenship for their kids.

Global yokel really breaks it down. I mean, I don't usually like appeals to political pragmatism, but jesus christ. This is such little value for such a controversial stand.

8 of the 19 hijackers involved in 9/11 were registered to vote in the USA, all via "motor-voter".

And Lord knows, they wouldn't have been able to fly those planes into buildings if they hadn't been registered to vote! Or something.

"And Lord knows, they wouldn't have been able to fly those planes into buildings if they hadn't been registered to vote! Or something."

Freddie,

The point is that if the 9/11 hijackers, who obviously weren't U.S. citizens, were able to register to vote at the DMV because we didn't have Real ID driver's licenses, then so potentially will millions of illegal aliens under Spitzer's proposal.

And this really is what it's all about: getting more reliably Democratic Latino voters, whether legal or illegal. It's all of a piece: Democratic opposition to requirements to show proof of citizenship when voting; Democratic support for amnesty for illegals and lax border enforcement, etc. Oppose any aspect of this attempt to illegally import another voting group that will be perennially dependent on transfer payments from Democratic politicians and you will be branded a racist.

No. No. NO. The one biggest impact on me and you of refusing to issue driver's licenses to illegal immigrants would be that all the millions of illegals will all be driving anyway, but without licenses and without insurance. So when an illegal immigrant wrecks your car you will be guaranteed to come out of the affair with huge, unpaid repair bills on your hands.

No. No. NO. The one biggest impact on m