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DMV lacks authority to help identify illegals

CARSON CITY -- The Department of Motor Vehicles cannot comply with a Bush administration request for information about and photos of Nevada drivers without a change in state law, officials said Friday.

DMV Director Ginny Lewis "doesn't have the statutory authority to volunteer the department's records" to the U.S. Department of Homeland Security as the administration requested to aid in a crackdown on illegal immigration, said DMV spokesman Tom Jacobs.


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  • The Bush administration asked states to voluntarily share driver's license photos and other records with federal homeland security officials for use in an employment verification system. The federal agency would use the information to help employers detect fraudulent licenses and identify undocumented immigrants seeking work.

    "The DMV does not have authority to volunteer that information," Jacobs said. "The statutes would have to be changed."

    The DMV has stored in its databases all photos of Nevada drivers who have secured licenses since the agency implemented a digital photography system in 2002. It will take until 2010 for photos of every Nevada driver to be included in the database. Driver's licenses expire every four years, but can be renewed for another four years without a new photo being taken.

    Virtually "any police officer" in the country can obtain DMV photos and records through the National Crime Information Center computer system and other police databases, Jacobs said.

    Local police agencies also share criminal records and information about wanted and missing persons with the FBI and other federal agencies.

    But under the Bush administration request DMV information would be shared with employers to determine if their workers were non-citizens and have acquired phony licenses. That is not a legally permitted use, Jacobs said.

    American Civil Liberties Union of Nevada lawyer Allen Lichtenstein said he feared the Bush administration request would cause undocumented residents to avoid contact with government.

    "Using local government and police to enforce immigration laws has a negative effect," he said. "It will make people afraid to have contact with local government in terms of health, safety and welfare."

    Gary Peck, executive director of the ACLU of Nevada, said the Bush administration's request would cause employers to shy away from hiring Hispanic workers, even those who are citizens, out of fear of incurring fines if some of the workers are undocumented.

    "This will encourage employers to discriminate against prospective workers who have ethnic surnames and not because they are racist," Peck said. "Why would they expose themselves to the liability? They would figure they were better off not hiring Hispanics, and hire Anglos."

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    Get a Job wrote on August 12, 2007 11:52 AM: A wise man once said that people will willingly give up their rights and freedoms for a false sense of security.
    That is exactly what is happening here. Bush and company want an "employment verification database" and half of the commentators here are cheering them on. What makes you think this will be used only on immigrants?
    This will do absolutely nothing to stop illegal immigration but it will create an angry group of people, both illegals and American citizens, who can't make a living because they are not in some database. You will change your tune real fast when your own son or daughter can't get a job because their employment verification file is screwed up.
    There are much better ways to deal with illegal immigration than harrassing and spying on our own citizens, which is what this is.
    Those who want to shoot the DMV and the ACLU over this are fools. Bush is applauding you publicly and then laughing at you behind your back.
    Also, Duh wrote "Every state has it's own laws. Crazy." Like, duh, like...that's RIGHT man! This country was founded on exactly that idea in order to keep the federal government from becoming too powerful.


    Feank wrote on August 11, 2007 11:54 PM: Illegal immigrants do not deserve the same priviledges as legal citizens, and should not be issued diver's licenses or allowed car ownership. Any illegal immigrant who is caught with forged paperwork in attempting or after obtaining a driver's license, should have their driver's license automatically revoked, be fined, and deported. Forgery is a crime; in many states its a felony, but these people somehow avoid prosecution for commiting this crime. Illegal immigrants do belong in this country; let alone be allowed to menace its roads.


    Sam5 wrote on August 11, 2007 10:38 PM: Y'all need to read the "Real ID Act of 2005" and get the real picture of what the DMV is up against - then y'all would stop bellyaching. (Those that are anyway)


    Duh wrote on August 11, 2007 10:33 PM: Is the United States of America? If so, why are we so divided? Every state has it's own laws. Crazy.


    American Ancestry wrote on August 11, 2007 10:27 PM: Funny, recall the town in Pennsylvania that made national news for passing laws to fine landlords from renting to illegals? Well, the law was overturned in federal court. Now, here we have a federal ruling overturning a state ruling.

    Talk about double speak. We're supposed to believe that Nevada laws will now trump federal laws? Give me a break.


    Sue wrote on August 11, 2007 04:51 PM: This is partisan politics and obstruction of justice. Gee, I wonder what political party Ginny belongs too -- hmmm could it be the party of Edwards/Clinton/Obama/Kennnedy et puko al? I think SO! Get off your big behind Ginny and cooperate with the top law enforcement in the country -- the Commander in Chief -- i.e. President George W. Bush!


    douglas wrote on August 11, 2007 02:09 PM: it's amazing that any and all branches of the government are not empowered, rather honorable enough, to uphold laws.

    the recent, past sheriff stated in an interview that he didn't have resources or time to detain infiltrators. beginning with the sheriff, all law enforcement officers should be sworn in as to enforce laws. apparently they are not.

    anytime an infiltrator is discovered in the course of normal business, traffic stop, hospital emergency rooms, school registration, that criminal must be exposed to immigration authorities. same as when a legal citizen is discovered to have outstanding warrants, the criminals must be detained.

    they should then be given the "swift justice/speedy trial". if they have violated the u.s. laws and are infiltrators, return them at once to their country of legal residence. as to transportation, why not the method they chose to infiltrate ? on foot ? packed into the back of a truck, or in a sea cargo container.


    sharon wrote on August 11, 2007 11:47 AM: Jacobs: get with the program. Start working with our government to route out the illegal immigrants.


    patriot wrote on August 11, 2007 11:30 AM: We all know its not genuine, they are going to target certain areas so as o say maybe drive up food costs etc.Create hostility among the masses,divide and conquer. but isnt it funny when convenient, they say oh its federal we dont touch that, now ohits against state laws, i ask how many bank robbers come here from calif they wouldnt arrest??? Just say it the hotels run this town and they have been stocked with nothing but illegals


    Joe C wrote on August 11, 2007 10:47 AM: While the Bush administration now wants info on illegals it’s highly unlikely it’s genuine.
    We must face the fact enforcement of immigration laws is not in the best interest of greedy business or Bush. The issue is deliberately complicated by federal and state governments.
    When actually only one plan is workable in ending the lawlessness and corruption in this county, and that is to absolutely secure the border first, than we can start dealing with the other issues and force Mexico to deal and accept responsibility with this issue.
    Everything else is just hot air and a show and Ginny Lewis is just one of the court jesters.
    We must call and write daily to congress, or at least weekly. They got the message but congress and Bush are trying to figures ways around it. We have to force them to represent legal Americans first.


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