Cardholders’ Names Will Remain Private
by Melinda Tuhus | July 9, 2008 6:24 PM | Permalink | Comments (23)
(Updated 8:39 p.m.) It’s official: New Haven won’t have to release the names of recipients of its immigrant- friendly ID cards, thanks to a ruling late Wednesday afternoon by the state Freedom of Information Commission.
The FOIC voted 3-1 at its Hartford headquarters to uphold a June 25 proposed decision by one of its members. That decision denied a request by opponents of the city’s immigration policies to release the 5,000-plus names. Opponents said they wanted to turn the names over to federal immigration authorities to try to sink the city’s immigrant-friendly policies.
“The Commission’s decision today is a vindication for the city,” the city’s point person on the ID program, Community Services Administrator Kica Matos, stated in a City Hall press release issued after the ruling. “As we prepare to celebrate the one-year anniversary of this successful program it’s important that New Haven residents feel safe and comfortable applying for an Elm City Resident Card with the peace of mind that their information will be kept private.”
The decision brings to an end, for now, a battle that pitted the public’s right to know against the safety of newcomers to this country. However, anti-illegal immigration activist Dustin Gold vowed after the ruling that his group will appeal the decision to Superior Court. Gold was one of two plaintiffs who filed the original request to have the names made public.
Manchester journalist Chris Powell (at right in photo beside Gold), the other complainant, said he wasn’t yet sure whether he would appeal in court, or seek redress in the legislature.
“The guts of this case is hearsay,” Powell told the commissioners, “and I never had a chance to rebut it.”
In the end, commissioners expressed sympathy with the argument made by the city and its expert witnesses that threats of violence against city officials and immigrants in general warranted keeping the identities of cardholders secret. The cards are not held just by immigrants, but they are designed to help immigrants integrate into city life. The cards entitle holders to access to city services like libraries and parks, and are designed as secondary documentation to help open bank accounts.
The city’s police chief, the Fair Haven neighborhood’s top cop, and the state’s homeland security chief all testified in previous hearings that they believed that releasing the names would endanger public safety. Kica Matos received a death threat because of her role in crafting the ID program. (Click here, here and here to read about that. Click here to read the original FOIC decision that was upheld Wednesday.)
Deborah Torres (pictured at the top of this story), attorney for Unidad Latina en Accion, one of the groups supporting the city’s position, credited the testimony of New Haveners on the front lines of immigration issues with helping to win the case. She also said opposing witnesses helped buttress the city’s case.
“Because it’s perceived as a program for illegal immigrants, people with foreign-sounding names, people who speak Spanish, people who advocate for undocumented immigrants, will be targeted. Most of the expert testimony that the complainants put on used Hispanics and Latinos as a proxy for illegal immigrants,” Torres noted.
Opponents got one last chance Wednesday to make their case at a two-hour hearing before the FOIC ruled.
They argued that the case shouldn’t have been decided on security grounds, but rather on whether the city’s reasons for keeping the names secret met the specific requirements of state freedom of information law.
“It strikes me as an incredible irony if a statute that says ‘homeland security’ in it is going to be construed to provide government identification documents to illegal aliens,” Chris Powell said. “It was passed in response to an attack on this country by illegal aliens, and if this is how we end up. God help us.”
“I resent very much the anonymous nature of the complaints,” Powell added.
The one commissioner who dissented was Andrew O’Keefe, the FOIC’s chairman. He said during public debate by the commissioners that he disagreed with the reliance on tales of anonymous threats as a basis for the decision. Those alleged threats shouldn’t overrule freedom of information law, he said. “Every time I walk across the street there’s a risk” of being hit by a car.
But that’s a random risk, responded Commissioner Sherman D. London, who wrote the original decision. This is a targeted risk, he said.
City Hall’s Kathleen Foster was the lead attorney making New Haven’s case in the hearings.
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Comments
Posted by: Fedupwithliberals | July 9, 2008 7:19 PM
This is Alice in Wonderland come to life!
Posted by: JackNH | July 9, 2008 8:20 PM
Some liberals may applaud this decision, but I am one who does not. I ask you to consider the precedent which is set whenever one of our governments is allowed to keep information secret from the citizens. Worrisome.
Posted by: -fairhavener-
| July 9, 2008 9:24 PM
"The decision brings to an end, for now..."
Key words, "for now."
I agree with Jacknh (and am also a liberal). Very worrisome. But I am guessing those records may be held from the public for some time, but they will be quite accessible by government agencies now, or soon, and well into the future.
Think I'm against immigrants? I believe any one should be able to move anywhere in the world they wish to live - as long as they contribute positively.
Posted by: ... | July 9, 2008 9:55 PM
You liberals are jokers. This idea of an "open" government is such a farce. I hope you'll one day have a look at FOIA or the State equivalent. Taking this to the legislature is a losing game; do you think they want to make gov't any more open?
Any implication that this program will attract the evil doers of the world is disingenuous. I have more respect for these guys when they make an economic argument, albeit similarly dubious. The guys who attacked us had visas, acquired pilot's licenses and were bankrolled by even american dollars. I am more fearful of greedy born and bred americans who are willing to sell our country's classified information for a few dollars; or an incompetent group of government officials who becuase of their fear of diversity failed to recruit and train people who don't look like them. As a result, here we are in 2008 still grappling with the idea of how to infiltrate terror cells. We then disguise that failure with fear-mongering.
New Haven's ID program worrisome? Please give me a break!
Posted by: david streever | July 9, 2008 10:05 PM
The city is so brave, standing up to the federal government. Now if only they could stand up for cyclists.
Just for the record, I'm very happy that the city took this brave stance.
Posted by: MattUva | July 9, 2008 10:16 PM
Hate to be the pessimist, but who else thinks King John is keeping this list in his back pocket as insurance???
"I'll give you the goods if you let me go!"
(after all, they're only illegals)
Posted by: jade | July 9, 2008 10:50 PM
don't you think that if the names were allowed to be made public, certain less-than-open minded individuals could use the information to hurt these people? fairhavener...i agree, anyone should be able to live where they want as long as they contribute to the community. we need to expedite the legalization process. if someone reads this and disagrees...i hope you are 100% native american. otherwise, consider these people as you'd like your ancestors considered.
Posted by: cedarhillresident
| July 10, 2008 8:20 AM
This is a great decision! It just does not make sense to offer the names up to the public. The government, yes but people like Dusten, no.
I do have a side question that no body seems to answer.....who donated the money this year to run the program??? When it was started they said that it would never use tax payers money to run it...that is why it was approved. But have yet to see who is paying for it this year?? Anyone know???
Posted by: edge | July 10, 2008 8:24 AM
CedarHillResident:
The program is paid by special funds not general funds. Special funds are grants and donations and therefore are not tax payer money like most people think.
Posted by: Steve Ross
| July 10, 2008 9:11 AM
"I ask you to consider the precedent which is set whenever one of our governments is allowed to keep information secret from the citizens."
I consider it better than than the precedent set by betraying the privacy and safety of even one of its citizens.
Posted by: Newbie | July 10, 2008 10:48 AM
I believe the phrase that best expresses the outcome of this ruling for the opponents is:
"hoisted on your own petard"
Whatever your stance on this case, I think we can all learn the lesson, when rational argument and disagreement breaks down into threats of violence and mud slinging from anyone on either side, no one wins.
Posted by: cedarhillresident
| July 10, 2008 12:43 PM
Thank for the info Edge!
Posted by: new havener | July 10, 2008 2:45 PM
again what is wrong with the system...public information you get for legals but not illegal's..
don't give tickets to illegal's with no registration ..insurance.and licenses...
in fairhaven they all drive without such documents..police should give out tickets..then the city will get some money..all they need to do is look for registration ticket in front window.don't have one ticket time...check plates they belong to different cars...they are not all nice pitful people..they arebreaking law after law.. do spot checks on vehicles they did it before..
Posted by: Dustin Gold | July 10, 2008 4:11 PM
I currently have an FOI into the City in regards to the funding of the ID for the 2008-2009 fiscal year. I inspected some of the records today and will be inspecting more records next week. I will post the results on our website as soon as I have a full and accurate report. It is our understanding the City has yet to receive a grant from an outside organization. It appears that they will not be using any money from First City Fund Corporation this year. I hat to say it, but if there is no grant then the taxpayers will most likely be paying that bill.
Posted by: strangerthanfiction | July 11, 2008 1:17 AM
The day the ID Card was launched Gold could be seen with a yellow hard hat cursing at the folks waiting to register. He was shaking his fist and calling them "Commie Pinkos". The idea that this vigilante has a compelling need to know the identities of those who signed up for the cards is ridiculous. His own behavior and hostile stance proves exactly why the names should absolutely be protected.
Posted by: Fedupwithliberals | July 11, 2008 9:07 AM
STRANGERTHANFICTION,
"The idea that this vigilante has a compelling need to know the identities of those who signed up for the cards is ridiculous."
The zeal which you and your side display over protecting the identity of illegal aliens from citizens of this country are equally, if not more, disturbing. Why should they be able to hide from any person, institution or authority when you and I can't?
Let me tell you something. The IRS is more of a threat to you or me than Dustin Gold, and if we can't hide from them, no one else should!
Posted by: newnavener | July 11, 2008 10:50 AM
Dustin Gold
Not much more i can say..you say it all thanx...
i'm with you all the way...
How in GOD'S name the federal government can't investagte this mess...
They all will be filling law suites in the future as did the illegal's that worked for Rocco's bakery....when they see you can sue and get money ..there will be many more coming out
to sue....they should go to every store on Grand Ave and surrounding area's and see how many are working....again thanx for your updates..
Posted by: Alphonse Credenza | July 11, 2008 12:31 PM
No conspiracy to withhold information between two or more people will ever withstand the test of time. Someone is bound to leak it.
David Streever wrote:
The city is so brave, standing up to the federal government. Now if only they could stand up for cyclists.
This is really frightening. He praises the elected officials who put lawbreakers above the public's right to know who the lawbreakers in its midst are.
David, when I ride my bike on the sidewalk, flouting the law in the interest of my own personal safety, I hope you support me with as much fervor as you display towards the city.
Posted by: Andrew | July 11, 2008 10:06 PM
I think the IDs are a Great Idea! Now the city can put the new residents on the tax rolls along with the rest of us! You work in the US, you send your kids to school, you use the hospitals, well, then, time to ante up. Fair is fair. You can't have your cake and eat it too.
Posted by: Walt
| July 13, 2008 8:10 AM
In my book, the whole ID program as it applies to illegals is ridiculous.
Nevertheless,, releasing the names of those who have registered would be just an open invitation for attacks on them as I see it, and should not be done..
Posted by: Walt
| July 14, 2008 9:07 AM
Sorry! No new taxes for the City ,Andrew!
Only City taxes for individuals are on cars and real property.
Illegals must already pay those if they own houses or cars.
State still collects sales taxes on items bought by illegals here.
My guess is that the State and feds lose millions in employment and income taxes because of collusion among employers and illegals, but the ID deal will not affect that.
Have I missed something?
Posted by: Bruce | July 14, 2008 11:55 AM
Let's not forget that this program is open to ALL New Haven residents. Why on earth do people want a copy of this list? You will only find names and addresses of people who live in New Haven. You can compile a similar list by simply looking through the phone book or walking down the street. Appearing on this list does not mean that you have entered the country illegally.
The government has well-established rights to withhold certain private information (Social Security numbers, income tax filings, etc.). The city is well within its rights to keep this information private, especially considering the nuts who are so eager to get their hands on it.
Posted by: Alphonse Credenza | July 14, 2008 2:31 PM
"The city is well within its rights to keep this information private, especially considering the nuts who are so eager to get their hands on it."
The city's rights? What mumbo-humbug!
You are clearly unaware that this city has fought hard for very many years to keep private huge swaths of public information relating to its internal governance, fighting requests for common information with FOIA defenses. Paul Bass has written about this -- where is his indignation now?
The New Haven administration gives scant credence to the idea that the electorate is entitled to information about lawbreakers in its midst.
Why isn't Homeland Security fighting to get this database? Shameful that it persists in shying away from such a confrontation!
The city clearly will do as it damn pleases -- that is, until someone within the organization decides, probably for a personal reason rather than an ideal, that its time to leak it.
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