ID Plan Gains Key Approval

by Melissa Bailey | May 18, 2007 9:03 AM | | Comments (15)

IMG_8338.JPGThey marched from Fair Haven. They poured into City Hall. In an historic hearing that explored what makes New Haven New Haven, nearly 300 immigrants and their advocates urged city legislators to give people like Javier (pictured) a face, a name, and a safe place in the city.

Their request — for the city to accept private funding to create a municipal ID card available to residents regardless of age or immigration status — gained unanimous approval from the aldermanic Finance Committee at the hearing Thursday night.

Originally designed to give undocumented immigrants proof of identification so they could open bank accounts and avoid getting robbed while carrying cash, the city’s proposal has been expanded to include a wealth of services, from a debit card to a library card to a way to pay the parking meter. (Click here for a previous story on its features and legal foundation.)

“We come in peace,” said Javier, carrying his daughter up the steps of City Hall at the start of the four-hour public hearing. Like many present Thursday night, he is building a life in the Elm City after entering the country illegally.

“We all deserve an opportunity,” said Javier, who moved here from Mexico three years ago. “We’re not hurting anyone. We’re good people.”

Those who have blasted New Haven for harboring illegal immigrants, including on this web site, were nowhere to be seen among during public testimony at City Hall. The city’s proposal met overwhelming support from unions, aldermen, students, immigrant and human rights groups, with some opposition from a handful of budget watchdogs.

IMG_8339.JPGJohn Jairo Lugo (pictured), whose group Unidad Latina in Acción along with JUNTA for Progressive Action first brought the idea to the city, handed out stickers at the door as supporters poured in for the culminating evening of a four-year process that started as a grassroots effort in Fair Haven. Kica Matos, former JUNTA head, is now pioneering the program in her job in City Hall.

“This is an act of humanity and justice,” said the Rev. Jose Champagne, one of several religious leaders who took the podium in support of the ID card. He echoed what was for many the most pressing concern: Immigrants are targeted because they carry around large amounts of cash. The ID would alleviate that problem by serving as a debit card and by, proponents hope, being accepted by local banks to open a bank account.

“When people are made to be invisible, it becomes easier to take away their dignity,” said Father Jim Manship. Manship led a group from the ECCO coalition and his St. Rose’s church, as marching briskly from Fair Haven to City Hall to support the measure, while singing quiet hymns. (Click on the play arrow to watch).

“We’re here to support our brothers and sisters,” said Maria Galindo, 68, a U.S. citizen who came here from Perú. Like many of the church who marched, she had one person in particular in mind: Manuel Santiago, who was stabbed to death last year in a robbery after cashing a paycheck in Fair Haven. Santiago, not forgotten, was held up as a pressing example of what happens to people who don’t have ID.


A Name

The ID card isn’t just a package of benefits, said Mayor John DeStefano, Jr., who showed how important the program is to him by making a rare appearance before an aldermanic committee, only his fourth in 14 years.

The card “is about who we are as a city,” the mayor said. After rattling off the ID card’s benefits — to students, youth, the elderly, those in need of a debit card — he stressed what lies at the heart of the proposal: The card would lend “a fundamental acknowledgement of an individual’s worth and dignity, by giving a name to those among us. Not to name them by a stereotype, not to name them by a prejudice, not to name them by an ignorance, but rather to call our neighbors by their own name.”

“How can we as a community accomplish difficult things when too many among us are not allowed to carry their own names?” asked the mayor. “Each person’s hope to enjoy the full blessings of freedom, of individual choice, to educate our selves and our kids, to aspire and be inspired, is built on a foundation, a foundation that values the worth of each one of us, and a foundation that is cemented upon mutual action and mutual purpose.”

Click on the PLAY arrow above to watch a snippet of his speech, in which he calls for New Haven to stand up and end the “silent complicity” of the federal government in allowing immigrants to cross the border, but forcing them to live in the shadows.

His speech earned a wave of applause from the packed house, many toting signs and banners, filling the back of the room, as at least four video cameras rolled.

IMG_8346.JPG“This is a moment when we can feel proud to be part of New Haven,” declared attorney Bob Solomon of the Yale Law Clinic, who professed great confidence that the ID program was legally sound and would not lead the city to trouble in court. He and fellow Yale Law professor Michael Wishnie pledged they and the Yale Law Clinic would represent the city, pro bono, if any such legal battle ensued.

Wishnie, part of a Yale Law group that issued this legal opinion calling the card not only legal but a moral obligation, testified before alderman on the card’s legal standing. Does the city have authority to issue such a card? Yes, he opined, it is well within the reach of the city’s legislative power to issue an ID to protect the health and welfare of its occupants.

Would the city get into trouble with Homeland Security — “Do you think they’d send [U.S. Attorney General Alberto] Gonzalez after our city, to make an example of us?” asked Beaver Hills Alderman Moti Sandman.

“I think he has his hands full now,” quipped Wishnie.

New Haven is pioneering new territory with the card. There aren’t precise equivalents to model our program on. But undocumented immigrants already give over information to the federal government to pay taxes through an ITIN. Wishnia predicted the information stored about the ID program would be safe from both a state Freedom Of Information request and the Department of Homeland Security. “The random targeting of persons without status” is not in that department’s standard practice, he said.

The few opponents of the measure cited primarily financial concerns. The program’s being funded through a one-time, one-year, private grant of $236,975 from the The First City Fund Corporation. The bulk of that money, $143,526, will go to three staff positions to administer the cards, which will be produced by ParxcSmart, the company that currently makes the city’s cards for parking meters and purchases from local vendors.

IMG_8357.JPGAnti-tax crusader Gary Doyens opposed the card “on the basis of ongoing cost,” because while the program isn’t costing a cent of taxpayer dollars now, the private funds will only last one year. He and others urged the city to provide a break-even analysis, which it hasn’t done, and to ensure the program didn’t roll over into the general fund after year one.

Before unanimously approving the ID program, the Finance Committee attached several amendments addressing Doyens’ and others’ concerns, ensuring the program will only be renewed so long as private funds are in place to do so, and so long as employees taking the special funds jobs are told their jobs may expire if when the grant runs out.







Comments

Posted by: cedarhillresident [TypeKey Profile Page] | May 18, 2007 9:24 AM

Bravo to all........ the add protection to the city financial obligations should make this a happy occasion for all.
I don't think we are the only city to implement these kinds of programs. So as far as the city getting in trouble for it...that would mean that cities across the country would all be in the same trouble and I do not see the government wanting to take on that fight. Beside it looks like this is only going to be a temporary thing. DC hopefully will pass something very soon!

Posted by: Gary Doyens | May 18, 2007 11:30 AM

The action by the Finance Committee on the I.D. cards was very positive -- protecting our fiscal future while providing some additional services for part of our population.

I do hope the undocumented immigrant community and those who so strongly advocate for them will also investigate, recommend, and urge the use of existing private and public services which already exist and are not dependent on an I.D. card. Banking and financial services are available, as are our libraries, parks and rec department, and book lending services through Read To Grow to name but a few.

I would make this one additional note: A person's worth, their standing in the community is not defined by a piece of plastic, as was oft repeated last night. A view of self is rooted first in your family, your personal values and finally in your community.

To fully connect to your community, takes more than an I.D. card. You have to understand the country in which you live, its language and people. Only in doing so, will you be able to reach beyond the immigrant community to the broader landscape that is New Haven, Connecticut and the United States.

Failure to do that, will forever sentence your families to limitations and misunderstandings with or without an I.D. card.

Posted by: nfjanette [TypeKey Profile Page] | May 18, 2007 11:32 AM

The rule of law continues to be eroded in our society - here rationalized by well-intentioned liberals who believe they are doing the correct thing offering the minimal protection these cards will provide.

Now, perhaps Ms. Bailey and the other liberals can answer the questions that a truly objective reporter should have posed:

1. How will this program be funded after the initial $236K one-year grant?

2. Given that the city budget cannot expand without limit, what programs will have their funding reduced/removed to pay for this program?

3. What is the true extended social and financial impact on the local citizens? What citizens are being deprived of jobs because they are taken - often for illegally low wages - but illegal immigrants? What government aid is then given to the non-working citizens, and what is the cost of that aid to us?

4. Exactly which federal and state laws are OK to openly defy and which are not?

Posted by: Wjay | May 18, 2007 1:25 PM

1. Wishnie opined as followed:
2. The REAL ID LAW differs:
3. YOU DECIDE


Wishnie, part of a Yale Law group that issued this legal opinion calling the card not only legal but a moral obligation, testified before alderman on the card's legal standing. Does the city have authority to issue such a card? Yes, he opined, it is well within the reach of the city's legislative power to issue an ID to protect the health and welfare of its occupants.

Would the city get into trouble with Homeland Security -- "Do you think they'd send [U.S. Attorney General Alberto] Gonzalez after our city, to make an example of us?" asked Beaver Hills Alderman Moti Sandman.

"I think he has his hands full now," quipped Wishnie.


After December 31, 2009, "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" specified in the Real ID Act. States remain free to also issue non-complying licenses and ID's, so long as these have a unique design and a clear statement that they cannot be accepted for any Federal identification purpose. The federal Transportation Security Administration is responsible for security check-in at airports, so bearers of non-compliant documents would no longer be able to travel on common carrier aircraft without additional screening[6].

In addition, the federal Social Security Administration, (42 U.S.C. § 666(28)), requires the States to maintain a new hire directory. Employers would no longer be able to accept, or ultimately hire, bearers of non-compliant documents for employment.

Also, financial institutions are required to assist the Federal Parent Locator Service, ((42 U.S.C. § 666(17)). Financial institutions would require compliant documents from all customers. Bearers of non-compliant documents would be denied financial or banking services.

Additional federal and state agencies who will require compliant documents are listed, in part, in (42 U.S.C. § 666).

The national license/ID standards cover:

What data must be included on the card;
What documentation must be presented before a card can be issued; and
How the states must share their databases.
Strictly speaking, many of these requirements are not new. They replace similar language in Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub.L. 108-458), which had not yet gone into effect before being repealed by the Real ID Act.


[edit] Data requirements
Each card must include, at a minimum, the person's full legal name, signature, date of birth, gender, driver's license or identification card number. It also includes a photograph of the person's face and the address of principal residence. It is required to have physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.

It will use common machine-readable technology, with defined minimum data elements (the details of which are not spelled out, but left to the Secretary of Homeland Security, in consultation with the Secretary of Transportation and the states, to regulate).


[edit] Documentation required before issuing a license or ID card
Before a card can be issued, the applicant must provide the following documentation[7]:

A photo ID, or a non-photo ID that includes full legal name and birthdate.
Documentation of birthdate.
Documentation of legal status and Social Security number
Documentation showing name and principal residence address.
Digital images of each identity document will be stored in each state DMV database.


[edit] Linking of license and ID card databases
Each state must agree to share its motor vehicle database with all other states. This database must include, at a minimum, all the data printed on the state drivers' licenses and ID cards, plus drivers' histories (including motor vehicle violations, suspensions, and points on licenses). Any state that does not link its database, containing records on all drivers and ID holders, to the database of the other states loses its federal funding.

Original legislation contained one of the most controversial elements which did not make it into the final legislation that was signed into law. It would have required states to sign a new compact known as the Driver License Agreement (DLA) as written by the Joint Driver's License Compact/ Non-Resident Violators Compact Executive Board with the support of AAMVA which would have required states to give reciprocity to those provinces and territories in Canada and those states in Mexico that joined the DLA and complied with its provisions. As a part of the DLA, states would be required to network their databases with these provinces, territories and Mexican states. The databases that are accessible would include sensitive information such as Social Security numbers, home addresses and other information. The foreign states and provinces are not required to abide with the Drivers Privacy Protection Act (DPPA) and are free to access and use the sensitive information as they see fit.

Traffic violations would be required to be sent to the licensing jurisdiction and be recorded. The licensing jurisdiction would be required to act on the violation according to its own laws such as assigning points and insurance surcharges to the driver not only for violations reported from DLA members but also from non-DLA members as well. The DLA requires member states to treat non-DLA states as if they are DLA members concerning their drivers.

Since foreign countries are included, there are no procedures to deal with due process issues such as a U.S. driver getting cited for a violation in a foreign country. Such due process issues include nations, such as Mexico, which do not subscribe to the concept of innocent until proven guilty. Although not discussed, other countries could sign on to the DLA at a later time, such as the European Union countries.

Posted by: east rock resident | May 18, 2007 2:01 PM

NFJaneete - If you actually had read this article and/or attended the hearing, you would have the answer to questions 1&2. No reporter who was "truly objective" would ask questions 3 and 4 because they are racist excuses for questions that have no factual basis and are just right-wing talking points intended to distort the issues.

Posted by: bexter | May 18, 2007 4:14 PM

WJAY, I'm not sure what relevance the "Real ID act" has to this discussion, since it doesn't apply to municipally issued IDs. The real ID act applies to state issued identification, and last I checked, New Haven is not a state, but is in fact a city.

As for comments about funding and the City's budget, I would offer a couple of things. First, the city seems to have unlimited resources for things like expanding the police force so that it is now the largest in the state and spending millions of dollars in the process, but limited recources when it comes to other legitimate methods of protecting all our residents. The ID program has been offered as a way to prevent violent crime by removing part of the motivation for it, allowing residents to keep their cash in a bank rather than carry it in their pockets. This is viable alternative to continuing to pour money into the police department, which has recently had key members caught taking bribes, and using their authority to coerce potential suspects.

Second, I'd like to point out that the cost to our community of not having this ID far outweighs the cost of providing it, both in terms of the personal safety of all of our residents, and in terms of the social cost of living in a society that ignores 12 million of it's members. We as a city are presented with a choice between supporting a racist policy of discrimination against our undocumented sisters and brothers, or resisting that policy at every turn in favor of a more fair, equal and just society.

Posted by: nfjanette [TypeKey Profile Page] | May 18, 2007 6:00 PM

"east rock resident": you've answered zero out of four questions. If you are confident in your position, I look forward to your clear answers to my questions.

And please, leave racist insults and allegations out of this - you'll get no credit trying to place the race card with me, since my extended family covers a good part of the racial/cultural/religious spectrum. How about sticking to the facts?

Posted by: katscratch | May 18, 2007 6:18 PM

I was there last night. The decision to accept the money from Yale was decided long ago. We are just fooled into believing that our voice matters. Yep, Yale does run this town.

Posted by: Wjay | May 18, 2007 8:07 PM

Posted by: bexter | May 18, 2007 4:14 PM

WJAY, I'm not sure what relevance the "Real ID act" has to this discussion, since it doesn't apply to municipally issued IDs. The real ID act applies to state issued identification, and last I checked, New Haven is not a state, but is in fact a city.

Bexter, the relevance of the real ID ACT is to re-inform people who refuse to understand that the Federal Gov. holds states reponsible to mandate to their jurisdictions that the law applys to the jurisdictions under that states authority. New haven in fact falls under the CT's jurisdiction.
Please do not use the term racist, there is no room in this forum for that kind of accusatory language.
By the way, not one illegal immigant choose to testify during the hearing on thursday. Instead city paid cronies and yale interventist, served as stand in's, all preaching the same rehersed message. On the one hand saying they need police protection from being robbed, and now you say the police are corrupt. This is the USA, crime and robbery is not reserved for immigrants. Get use to it, suck it up, just like the legals have to do daily.

Posted by: Lorca | May 19, 2007 6:19 AM

THREEFIFTHS...... Do you know because people or individuals like you. We cant go forward and we cant trust the human life of an non residents or residents in New Haven. Because Humanity and life is around the World, but I don't not if you at list travel out side of North America, open your eyes! open your mine and open your Heart!!!!

Because Dignity and Democracy thanks to all those who believe to that we will become better humans in this Nation. That is so SAD how individuals are just worry for MONEY there is more than that, Sad because I know a lot or individuals are just worry about the way of living having big TV's @ Home, driving crazy Big Cars and trying of living like a plastic life. there is more than that there is more than to be worry about fancy clothes fancy and artificial make up for your feet's BE Real and enjoy the real standard of LIVING Latin America and a lot of places in the Caribbean are not poor places are Exploited Country's Be Real and learn more about the G8, learn more about all those Economic Policies that the Big corporation are those like BUSH and the Vise President of the US (Halliburton) is doing to put more money in there pockets like building detention centers around the US-Mexican Border to have more profits from our Taxes and from our Sisters and Brothers. Something is happening in Latin America. And we don't will Silence any MORE.

BUTTERLIES AND SWALLOW AND FLAMINGOS HAVE FOREVER SPREAD THEIR WINGS TO FLEE THE COLD, THE WAY WHALES SWIM IN SEARCH OF OTHERS SEAS AND SALMONS AND TROUT SEEK OUT THEIR RIVERS. YEAR AFTER YEAR, THEY ALL TRAVEL THOUSANDS OF MILES ON THE OPEN ROADS OF THE AIR AND WATER.

THE ROAD OF HUMAN FLIGHT, HOWEVER, ARE NOT FREE.

IN IMMENSES CARAVAS THEY MARCH, FUGITIVES FLEEING THEIR UNBERABLES LIVES.

THEY TRAVEL FROM SOUTH TO NORTH AND FROM RISING SUN TO SETTING SUN.

THEIR PLACES IN THEWORLD HAS BEEN STOLEN. THEY'VE BEEN STRIPPED OF THEIR WORK AND THEIR LAND. MANY FLEE WARS, BUT MANY MORE RUINOUS WAGES AND EXHAUSTED PLOTS OF LAND.

THESE PILGRIMS, SHIPWREDKED BY GLOBALIZATION, WANDER ABOUT, UNEARTHING ROADS, SEEKING HOMES, KNOCKING ON DOORS THAT SWING OPEN WHEN THE MONEY CALLS BUT SLAM SHUT IN THEIR FACES. SOME MANAGE TO SNEAD IN. OTHERS ARRIVE AS CORPSES THAT THE SEA DELIVERS TO THE FORBIDDEN SHORE, OR AS NAMELESS BODIES BURIED IN THE WORLD THEY HOPED TO REACH.

Posted by: FairHavenRes | May 19, 2007 6:38 PM

Dear Boardersentry,
When you say round them up like cattle, do think you would use cattle cars to ship them off to their final destination? Of course that is assuming that American business, our economy, and your house addition or yard work is all set.

How would you ferret them out? Maybe you and a few of your buds, (wear brown shirts when you do, cause brown looks good on you), could come over some night to New Haven, bust in doors, kick a few women and children around with your spiffy boots, and beat the men into submission. Is that what you had in mind?

Boardersentry, I dont think the feds have the capacity to handle the number of people you are talking about. But you have some real imagination, and some good old fashion hatred too. Perhaps you could build a few large camps where you could concentrate all these undesirable foreigners, like 12 million, before they take over the good old US of A and marry your daughter.

Yeah that's the ticket.

Before you call anyone an idiot, read over your post, look at yourself in the mirror, and wonder what type of American are you?

What has happened in New Haven is a sincere effort to work out a horrible situation that our immigration and foreign policy has got us into.

It is a far better solution than what you offered in your rant. Perhaps you forgot, attitudes like yours, "rounding people up like cattle", led to a holocaust, in which over 6 million people were systematically murdered. There are many situations in which people and governments could have done something, but did not. New Haven has chosen to act, and to do so with compassion.

You can wear your brown shirt and polish up your spiffy boots, but I think you will be (thankfully)a very very small minority.

Posted by: Bobby | May 19, 2007 11:09 PM

Oh, what's the matter. Not enough low paid housekeepers for the elitists in the city of Yale. Just another lawless liberal enclave. No surprises to this story. The benefits of Amnesty to American citizens are probably being discussed, right now, in the philosphy classes. Good luck on selling out the honest American, middle class taxpayer. May all your dreams of slave labor come true.

Posted by: FairHavenRes | May 20, 2007 4:48 PM

Hey Bobby,
Do not blame the immigrants for the plight of the middle class. Blame those who voted for Bush and implicity the War with Iraq. You don't like deception, well guess what, you were deceived.

The middle class is suffering and feels isolated because it has done it in part to itself. Move out into your suburbs, get the fence up, plant those trees so you won't have to acknowledge any of your neighbors (who are a lot like you, i am sure).

If you leave in isolation, you will never know how closed minded thinking will hurt you and others.

Do you really think the immigrants are the cause of the problems of the middle class? Leave your compound, get to know some people who are different than you, and who knows, you not only may like the experience, but just might learn something new and find new solutions to the concerns facing all of us.

Posted by: bexter | May 20, 2007 4:59 PM

WJAY, the reason I use the term racist is because that's the definition of judging people by the color of their skin or national origin. I'll ask you this: How do you know that none of the people who spoke were undocumented? Did you ask them all? Can you determine weather a person is undocumented by how they look or sound, or what part of town they're from?
The reality is that we live in a city where some of our neighbors don't have the right paperwork, or the right stamp on their passport. We can either accept the logic that they don't belong because of what amounts to little more than a clerical error, or we can reject this racism out of hand, and come up with solutions for all our residents.
I spoke at the hearing, and I'm neither a Yale student or a paid organizer, but I do live and work in New Haven. Weather or not I'm "legal" I'll leave for you to decide.

Posted by: cedarhillresident [TypeKey Profile Page] | May 20, 2007 7:36 PM

First............those who show there TRUE RACIST WAYS HERE...don't EVER EVER again in your life accuse some one for judging you unfairly ever again because you just gave up that right.

You can sit here and dress it up how ever you want, it is the hate of a people that drives this whole conversation.

Golly gee... I say lets not give them any rights, they don't belong here lets just ship them back to where they belong . Right??? What the Freak, these are people, what is wrong with you!!!

History....we are suppose to learn from it not repeat it!

Thank You "FairHavenRes"

If we go through history whether it was slaves in the US, the Spanish that traded these slaves. The catholic church and there murdering ways throughout history...Nazi's....The British... Romans...china and there lovely rulers, Egypt and the slavery of the Jewish, Men vs Women...History is filled with hate and the persecution of people because they did not follow the rules of the times. Sometimes the evolution of the world brings us to a better place as humans.

This is one of those times.

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