Report stirs up license debate

9/11 panel calls for standard IDs as legislators weigh a bill on illegal immigrants.

By Aurelio Rojas -- Bee Capitol Bureau - (Published July 29, 2004)

Buried in the 9/11 commission's report is a recommendation that the federal government should standardize identification documents issued by states, including driver's licenses.

In California, the proposal could inject yet another element into a proposed law that would allow illegal immigrants to obtain licenses.

The emotional debate, pitting the Legislature's Democratic Latino Caucus against Gov. Arnold Schwarzenegger, is expected to resume now that the budget battle is nearing an end.

Meanwhile, President Bush can implement more than 40 of the commission's recommendations by executive order, including the license proposal.

White House officials say he plans to act after a Cabinet-level panel completes its review - but it is not known which recommendations he will adopt and how they would be implemented.

"The president wants this review to be fast-tracked," said Bush spokesman Ken Lisaius. "That why he's charged (Chief of Staff Andrew) Card and others with putting forth options as soon as possible."

Ten states issue licenses to illegal immigrants, according to the National Immigration Law Center. Critics contend such licenses increase the likelihood of domestic terrorism, and they have become more vocal this year.

Lawmakers in 25 states considered 49 bills that would loosen or tighten the requirements for driver's licenses - nearly all died in committee - and at least two bills are pending in Congress.

Bush has not commented publicly on the issue, Lisaius said. But Democratic presidential candidate John Kerry, who endorsed the commission's recommendations, said he opposes allowing illegal immigrants to obtain driver's licenses.

"Driver's licenses are part of the legality of being here," Kerry said in a recent interview with the Spanish-language network Telemundo. "If you've been here a period of time, we may work something out as part of the immigration process."

The commission's report, which culminated a 20-month investigation, called for setting a national standard for driver's licenses and other identification.

Investigators say hijackers were able to obtain valid IDs - in some cases by fraud - to rent cars, board airliners and carry out other activities essential to their plan.

But Michele Waslin, immigration policy analyst for the Washington-based National Council of La Raza, said the the report did not link the Sept. 11, 2001, attacks to driver's licenses issued to illegal immigrants.

"What the report, more than anything, points out is there were faults with intelligence gathering and sharing," Waslin said. "That's really where we should focus our efforts."

Driver's licenses are issued by states, and civil liberties advocates have long resisted proposals to establish what could in effect become a national identification card.

In California, SB 1160 is state Sen. Gil Cedillo's fifth attempt at restoring driving privileges to illegal immigrants, which were abolished in 1994. The East Los Angeles Democrat denied the commission's recommendation was a setback.

"I don't see it as being against the bill," Cedillo said. "I think it says we need to have a uniform way to issue them - and my bill is the best way to do it."

But the co-author of Proposition 187, the 1994 initiative that would have denied public benefits to illegal immigrants but was gutted by the courts, said the report could derail Cedillo's bill.

"It more than plausible - it's absolutely true," said Ron Prince, who failed to gather enough signatures to qualify a November ballot measure that would have prevented California from granting licenses and other benefits to illegal immigrants.

Under Cedillo's bill, immigrants without legal documents must submit a birth certificate, an official ID from their country of origin and proof of California residency.

Residents of nations suspected of harboring terrorists are not eligible. Aspirants must submit a photo and fingerprints for a criminal background check by the FBI.

They must also have a U.S. citizen with a driver's license vouch for them and pay a $146 fee to cover the extra costs of the background checks.

The bill has until Aug. 31 to clear the Democratic-controlled Legislature. Cedillo has vowed to send the measure to the governor without Republican votes and challenge him to veto it.

Such a veto would strain relations between members of the 24-member Latino Caucus and the GOP governor, which reached a boiling point during the budget battle.

Schwarzenegger had prodded caucus members in his successful push to repeal a driver's license bill signed last year by Gov. Gray Davis during the campaign.

The governor then invited the lawmakers to submit a bill with tougher requirements. But he maintains SB 1160 does not contain adequate provisions for verifying an applicant's identity.

Schwarzenegger has suggested such licenses include a mark identifying the bearer as an illegal immigrant - a proposal Cedillo said is unacceptable.