driver's license

Military bases to refuse some New Mexico IDs

ALBUQUERQUE, N.M. — Military installations in New Mexico, including Kirtland Air Force Base, will stop accepting some driver’s licenses for base access as early as Sept. 15 as implementation of the federal Real ID Act approaches, military officials said Tuesday.

While New Mexico-issued licenses and IDs are valid under Real ID criteria in some aspects until October 2020, at this point they won’t be accepted for Kirtland access after Oct. 10 of this year absent another extension – which is considered likely.

Meanwhile, state officials said Tuesday they hope to begin issuing new Real ID compliant licenses later this year. Under the new system, undocumented immigrants would be eligible only for driving authorization cards that are not valid for purposes of federal identification.

“We’re still on track and moving forward” on the implementation of the new two-tier system, said Benjamin Cloutier, a spokesman for the Department of Taxation and Revenue.

Beginning Sept. 15, identification cards or driver’s licenses issued by Minnesota, Missouri, Washington or American Samoa – which are not currently compliant with Real ID – cannot be used to access Kirtland, according to a base news release.

“New Mexico has received an extension for their state-issued ID cards through Oct. 10 of this year,” said Maj. Brent Pickrell, commander of Kirtland’s 377th Security Forces Squadron.

“New Mexico plans to file for another extension, and while we believe this request will likely be approved, we must plan for the contingency where it does not,” said Pickrell, who commands the unit at Kirtland that controls installation access.

Base officials expect resolutions for New Mexico and 28 other states and territories to be reached prior to Oct. 10, but they are preparing for the possibility that these IDs will become invalid, he said.

Holloman Air Force Base and White Sands Missile Range are implementing similar restrictions. Kirtland officials said the new rules are being implemented Air Force-wide. Officials at Cannon Air Force Base near Clovis did not immediately respond to a request about its access policies.

NM on track

New Mexico is awaiting approval from the federal Department of Homeland Security for its Real ID implementation plan and expects to begin issuing Real ID compliant licenses later this year.

Taxation and Revenue Secretary Demesia Padilla has told legislators the state got the go-ahead to order the fingerprint machines needed for background checks. The agency also has been working with a vendor that is designing the new licenses. Training for Motor Vehicle Division employees in the new system was to occur throughout August.

The new license system was approved by the Legislature and the governor this year, ending a contentious five-year debate over whether the state should continue issuing driver’s licenses to undocumented immigrants.

Under the state’s plan, undocumented immigrants – along with any citizens who want them – will be able to get driving authorization cards that are not good for official, federal identification purposes. Citizens and others with a lawful presence will be able to get Real ID compliant licenses, as long as they provide the required documents, including certified copies of birth certificates and documents with Social Security numbers.

Fingerprinting will be required only of undocumented immigrants who are new applicants – that is, those without current New Mexico licenses.

Still, beginning Oct. 10, people with licenses or IDs from states or territories currently under an extension will need approved alternate forms of ID for unescorted base access, unless further extensions are approved.

Those states and territories are New Mexico, Alaska, Arkansas, California, Guam, Idaho, Illinois, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Montana, the Northern Mariana Islands, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, Virginia and the U.S. Virgin Islands.

Valid forms of identification for Kirtland

Kirtland officials said valid alternate forms of ID include:

■ U.S. passport.

■ U.S passport card.

■ Permanent resident card/alien registration receipt card (Form I-551).

■ A foreign passport with a temporary (I-551) stamp or temporary (I-551) printed notation on a machine readable immigrant visa.

■ An employment authorization document that contains a photograph (Form I- 766).

■ Identification card issued by federal, state or local government agencies, provided it contains a photograph and biographical information such as name, date of birth, gender, height, eye color, and address.

■ U.S. Coast Guard merchant mariner cards/credentials.

■ PIV or federally-issued PIV-1 Cards (personal identification verification) issued by the federal government.

■ PIV-I card (personal identification verification-interoperable issued by non-federal government entities).

■ DHS “Trusted Traveler Cards” (Global entry, NEXUS, SENTRI, FAST).

■ Merchant mariner card issued by DHS/ United States Coast Guard (USCG).

■ Border crossing card (Form DSP-150).

■ U.S. certificate of naturalization or certificate of citizenship (Form N-550) and U.S. permanent resident card (Form I-551).

Kirtland officials also said that current holders of distinguished visitor’s passes would be granted access with the passes until they expire, and new passes would be issued according to the REAL ID requirements.

For a full list of REAL ID Act and compliant and non-complaint states, visit dhs.gov/current-status-states-territories [https://www.dhs.gov/current-status-states-territories].

OFIR VP lays out Trump's path to victory in Oregon

OFIR Vice President Richard LaMountain has clearly laid out a reasonable path to an Oregon win for Donald Trump's bid for the Presidency.

Oregon has a blue reputation, but, in this particular case, it may be tenuous at best.  

Read LaMountain's VDare article and then consider helping the first presidential candidate, in decades, that has openly and meaningfully addressed the problems surrounding illegal immigration.
 

Update: GOOD NEWS! Lawsuit to overturn Measure 88 dismissed

Alert date: 
2016-06-17
Alert body: 

Over six months ago, in an effort to overturn the resounding defeat of Measure 88 in the 2014 general election, a merit less and frivolous lawsuit was filed by five alleged illegal aliens, identified only by their initials and two small illegal alien special interest groups.

The US District Court in Eugene, where the lawsuit was filed, announced yesterday the case was dismissed.

UPDATE:  The five unnamed alleged illegal aliens that filed the lawsuit, that was ultimately dismissed, to overturn the defeat of Measure 88, have now filed an appeal.  OFIR will keep you posted.

Federal judge dismisses lawsuit seeking drivers licenses for illegal immigrants in Oregon

A judge in U.S. District Court in Eugene has dismissed a lawsuit seeking to give illegal immigrants in Oregon access to short-term drivers’ licenses.

The suit, filed on behalf of five unnamed illegal immigrants from Mexico, sought to restore a 2013 law, passed by the Oregon ­Legislature as Senate Bill 833, creating those new licenses. That law was overturned after it was referred to Oregon voters as Measure 88 in November 2014 and soundly defeated.

Oregon’s refusal to issue driver cards is unconstitutional because immigration regulation is done at the federal level and “is not a legitimate state interest,” the illegal immigrants’ lawsuit had argued. The refusal to issue licenses is “arbitrary” and “capricious” and is “motivated, at least in part, by animus towards Mexicans and Central Americans,” it said. The lawsuit named Democratic Gov. Kate Brown and leaders of the state ­Department of Transportation as ­defendants.

But, in a ruling released Monday, U.S. District Judge Ann Aiken wrote that she lacked the authority to compel the state to issue drivers’ licenses outright. Moreover, she found, SB 833 never went into effect as an Oregon law. That means that, even if Aiken invalidated the voters’ rejection of Measure 88 as unconstitutional, “no (existing) law authorizes the state to grant driver cards,” Aiken wrote.

“As such, the state defendants are not refusing to issue driver cards because a referendum motivated by discriminatory animus prevents them from doing so; they cannot issue driver cards because no valid, existing Oregon law authorizes them to do so,” Aiken wrote.

Aiken’s ruling supported the argument made by the state attorney general’s office in its motion to dismiss.

Sarah Weston, assistant attorney general, wrote that the state “agrees that enacting a driver card program would have benefited (the plaintiffs) and would have been good policy for the state.”

But “the relief the plaintiffs seek — the enactment and implementation of SB 833 — cannot be imposed on the state by the federal court in this action,” Weston wrote.

“Just as would be the case with any other bill that failed to become law via the legislative process, if plaintiffs seek to have SB 833 enacted, they must try again via that process,” she added.

Representatives of the Oregon Law Center, which filed the suit on behalf of the five immigrants and two Latino-focused nonprofit organizations, could not be reached for comment on Aiken’s ruling Monday.

Oregonians for Immigration Reform, the chief opponents of Measure 88, applauded the decision.

“Today, the court has dismissed the meritless and frivolous case,” the group said in a statement. “Nearly a million voters said ‘no’ — and now the Court is standing with us. No driver cards for those who can’t prove they are legally present in the country.”

For many years, Oregon allowed residents to get a driver’s license regardless of his or her legal status. But starting in 2008, because of the federal REAL ID Act, ­residents have had to prove legal status to get one.

Measure 88 would have created a new type of short-term driver’s license, available to anyone who had lived in Oregon for at least a year.

Twelve states now provide drivers’ licenses regardless of people’s legal status, including Washington state, California and Nevada.

Follow Saul on Twitter @SaulAHubbard . Email saul.hubbard@registerguard.com .
 

Court dismisses lawsuit against Oregon Measure 88!

Over 6 months ago, 5 alleged illegal aliens, identified only by their initials and two illegal alien special interest groups, filed a lawsuit in Federal District Court in Eugene to overturn the defeat of Measure 88 and to restore SB 833 - providing state-issued photo ID in the form of driver cards to those who could not prove they are legally present in the U.S.
 
In the general election of 2014 nearly a million Oregon voters said NO, 35 of 36 counties voted NO, and all 5 congressional districts voted NO on giving state issued photo ID to illegal aliens. But, on the one year anniversary of the overwhelming defeat of driver cards, 5 alleged illegal aliens filed a lawsuit to overturn that resounding NO vote.
 
Today, the court has DISMISSED the meritless and frivolous case. The vote of Oregon citizens stands.
 
From the judges’ published opinion:
 
Under the Oregon Constitution, Oregon voters retain the right of referendum to approve or reject legislation enacted by the Oregon legislature. Or. Const. art. IV,§ 1(3)(a) ("The people reserve to themselves the referendum power, which is to approve or reject at an election any Act, or pati thereof, of the Legislative Assembly that does not become effective earlier than 90 days after the end of the session at which the Act is passed."). "When a referendum is invoked, the act of the legislature then becomes merely a measure to be voted on by the people, and, if the people vote in the affirmative, the measure becomes an act; if they vote in the negative, the measure fails."
 
Nearly a million voters said NO - and now the Court is standing with us. NO driver cards for those who can't prove they are legally present in the country.
 

 

Related news release
 
Victory in Oregon!
 
 
Immigration Reform Law Institute
25 Massachusetts Ave. NW, Suite 335
Washington, DC 2001
 
 
Protecting the right of Americans to govern themselves 
 
May 16, 2016
 
(Washington, D.C.) – Today, a federal judge in Oregon dismissed a lawsuit (opinion attached here) brought by five admitted illegal aliens and two illegal alien special interest groups that requested the court force the State of Oregon to grant driving privileges to illegal aliens. In January, the Immigration Reform Law Institute (“IRLI”), along with Jill Gibson of the Gibson Law Firm, LLC, filed a motion to intervene in the suit and a motion to dismiss the case as lacking merit on behalf of their client Oregonians for Immigration Reform (“OFIR”).
 
Specifically, the lawsuit sought to overturn as unconstitutional the outcome of the November 2014 general election in Oregon, when, through the Oregon Constitution’s referendum veto process, Oregon voters overwhelmingly rejected (by more than 66% of voters) a bill passed by the legislature and signed by the governor that would have extended eligibility for driving privileges to unlawfully present persons. OFIR was the driving force behind the referendum veto that collected the requisite number of signatures to get the issue placed on the ballot.
 
Today, the Oregon U.S. District Court ruled that it could “not order the State to comply with legislation that could not and would not become effective, and no ruling would redress plaintiffs’ alleged injury.” Moreover, the court stated that it had “no authority to substitute the voter approval required by the Oregon Constitution” and “principles of federalism underlying the Tenth and Eleventh Amendments forbid th[e] Court from directing the State to enact or enforce state laws.”
 
Dale L. Wilcox, IRLI’s Executive Director commented, “We are happy with the outcome of this case. This case had no merit whatsoever and was a waste of the court’s time and precious resources.” Wilcox continued, “As I stated previously, this case was about sour grapes as the overwhelming majority of Oregonians had spoken and rejected at the ballot box taxpayer-funded giveaways to those who have no legal right to be here.”
 
Read the full Court opinion.
 

 

Learn more
 

 

Hit-and-run driver facing possible extradition, deportation

EAST BRUNSWICK TOWNSHIP, Pa. -  State police say a 38-year-old man may be extradited and deported after he was arrested and charged for a hit-and-run crash in Schuylkill County.

The crash happened back on Feb. 26 along Route 443, about a half-mile east of New Ringgold Borough.

According to police, a Honda Accord and Dodge Dart were traveling westbound when the Accord tried to pass the Dart around a curve in the roadway.

When the Accord went to merge back into the right lane, police say the passenger side of the vehicle struck the front driver side of the Dart.

When both vehicles entered New Ringgold, the Accord fled the scene, turning left and traveling southbound, into a public park.

The driver of the Dart followed the Accord, and was able to photograph the vehicle's license plate with her cell phone.

Police say the Accord then fled the scene without stopping, and took off through New Ringgold.

Two weeks later, early Saturday morning, the Accord was spotted traveling eastbound along Route 443 outside the borough.

A traffic stop was initiated near Schuylkill Road, according to a state police press release.

The description of the driver matched the description that was given by the driver of the Dart in February, and police say the registration was also a match.

The driver of the Accord - identified as 38-year-old Daniel Naploes Herrera - admitted to being the driver involved in the hit-and-run. Herrera told police he fled because he did not have a valid driver's license.

Herrera was taken into custody and transported back to the state police barracks in Frackville where he was fingerprinted.

That's when police discovered Herrera was a wanted person from Oregon, and also illegally entered into the United States as a citizen of Mexico.

Herrera was hit with a number of traffic-related charges, including careless driving and failing to have a valid license. He was arraigned and committed to the Schuylkill County Prison.

State police say a detainer was also placed on Herrera by the United States Immigration and Customs Enforcement Department.

Herrera is currently awaiting possible extradition back to Oregon and possible deportation back to Mexico.

States Step Up As Washington Stalls On Immigration

Maybe it's understandable that immigration reform remains stalled in Congress during an election year. And that the fate of President Obama's executive actions on immigration before the U.S. Supreme Court remains unclear, especially in the aftermath of the death of Justice Antonin Scalia.

But lawmakers in virtually every state in the union aren't waiting for Washington. The number of states taking action by passing immigration-related laws is growing — by 26 percent last year...

Last year, 216 immigration laws were enacted as opposed to 171 laws in 2014...

The new laws cover health, education, employment and licensing issues.

In some cases, the laws expand rights for immigrants, legal or otherwise. For example, California allows health care for all children regardless of their immigration status. In other instances, some states impose more restrictive measures, such as Idaho, where an applicant for a driver's license must provide proof of U.S. citizenship or lawful permanent residency.

Here are some other examples contained in the report:

Education

An Oregon law allows students in the country without valid visas to apply for state-funded financial aid programs.

A West Virginia law establishes that only U.S. citizens are eligible for teacher's certificates. However, an allowance is permitted to a person who is an exchange teacher from a foreign country.

Employment

— In North Carolina, a new law requires all state government contractors to use E-Verify, the federal government's online system for checking whether prospective employees are authorized to work in the U.S. It also prohibits cities and counties from adopting sanctuary ordinances that would limit enforcement of federal immigration laws.

Law Enforcement

— Illinois passed a law requiring that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified.

— Texas now requires the attorney general to establish a transnational and organized crime division to address border security and organized crime, including prosecuting trafficking in persons and assisting victims of trafficking.
 

New Normal – “Border surge”: Obama is issuing work permits and SSNs to illegal aliens without even the pretense of vetting

Dustin Inman Society blog post - written by D.A. King spells out just how "broken" our immigration system really is.

‘STOP THE RAIDS – NOT ONE MORE DEPORTATION!’ Protest in front of Atlanta immigration court, January 7, 2016

Obama is giving out work permits and SSNs to illegal aliens without even the pretense of vetting. 

(Note: In Georgia, as in other states, the ability to produce a federal EAD (work permit) and a valid SSN can be used to obtain a drivers license – the defacto national ID card.)

We have two separate news reports indicating that the Obama administration has been issuing work permits and Social Security Numbers to the illegal aliens who made up the 2014 “border surge” that was depicted by the media to be mostly “Central American children.”

We note the impossibility of vetting these people, whoever they are.

BONUS: 2014 UAC BORDER SURGE BY THE NUMBERS

Here (1:45 minute video) is the first whiff from a local TV news report just after the “raids” of early January that reportedly netted all of 121 victims of borders who had pending deportation orders. The reporter was handed a copy of a work permit that one of the illegals had been issued when she landed in Atlanta after crossing over from Mexico. I have spoken to the reporter and he is firm that the work permit was described and presented to him as having been issued to the recently deported.

Then, the Washington Post’s Pam Constable filed a (one-sided) story from Atlanta with the same claim: Another illegal alien, Rosa Vargas, who had been caught up in the same micro-sweep had apparently been issued a work permit soon after reaching the U.S. – the valid Social Security number comes along with that prize.

From the WaPo:

“The whole family agreed she would be better off leaving, that she should come here because she would be safe in America,” said Morales, 30, a carpenter with temporary legal status. He said Vargas was issued a work permit and a Social Security number when she was released from border detention in 2014 and found work cleaning houses in Atlanta after coming to live with him.”

“Give me my permiso!”

The “migrants” are getting a ” Notice to Appear ” – which they call ‘ permisos ’ – to show up in immigration court some time in the distant future to plead for asylum or refugee status. Most never appear in court and simply disappear into Obama’s transformed America. They are here to stay. That ‘permiso’ document allows them to claim to be ‘legally present’, pending a court’s decision to send them home – or not.  With this they can get work permits — and then drivers licenses unless and until another “raid” results in deportation, which is very unlikely.

It also appears from Constable’s report that the narrating alien (Morales) has been given some sort of “temporary legal status” – we think that means deferred action on deportation through the DACA program. If so, the temporary status is not “legal. ” According to DHS, deferred action recipients are still illegal aliens.

USCIS:
What Is DACA
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status (emphasis mine).

So, to sum up, with zero fanfare that we know of, Obama has apparently been giving at least some of ‘border surgers’ the ability to not only take American jobs, but to obtain a drivers license.

Here we note that the drivers license is used as ID blend into mainstream America, to register to vote, rent a car or truck, buy explosives and board an airplane. The organized rush on the border is the new normal.

Riding to America

In Georgia the drivers license issued to illegal aliens with deferred action is so similar to the ones issued to American citizens and non-citizens with legal status (like executives from Mercedes Benz) that the Department of Driver Services has taken to imprinting a large arrow on graphics of the license given to illegals directing the viewer to the slight addition noting “limited term.”

For the reader who may be asking: Yes, the deferred action illegal aliens are also being issued official state photo ID cards (“Georgia ID”) – and are eligible for a host of public benefits – including unemployment benefits.

Georgia is ruled by Republicans. Who ran as “conservatives.”

On the drivers license to illegal aliens, we think there is a better way.

 

IRLI Files Motions to Intervene and Dismiss in Illegal Alien Lawsuit Seeking Driving Privileges

(Washington, D.C.) – On Wednesday, January 13, 2016, the Immigration Reform Law Institute (“IRLI”), along with Jill Gibson of the Gibson Law Firm, LLC, filed on behalf of their client Oregonians for Immigration Reform (“OFIR”) a motion to intervene in an Oregon federal court lawsuit brought by five admitted illegal aliens and two illegal alien special interest groups (collectively “plaintiffs”). At the same time, IRLI and Ms. Gibson filed on OFIR’s behalf a motion to dismiss the lawsuit as lacking merit. The lawsuit seeks to force the State of Oregon to grant driving privileges to illegal aliens.

Specifically, the suit seeks to overturn as unconstitutional the outcome of the November 2014 general election in Oregon, when, through the Oregon Constitution’s referendum veto process, Oregon voters overwhelmingly rejected (by 66%) a bill passed by the legislature and signed by the governor that would have extended eligibility for driving privileges to unlawfully present persons (OFIR was the driving force behind the referendum veto who collected the requisite number of signatures to get the issue placed on the ballot.). Conspicuously absent from the plaintiffs’ complaint is any mention of the alleged fundamental right denied them. Certainly it is not the right to a driver’s license or interstate travel as every court to address this issue has held that illegal aliens hold no such rights.

States actually have a number of legitimate public purposes that are rationally served by laws that restrict driving privileges to persons lawfully present in the U.S. For instance, states have a legitimate interest in limiting their finite resources to citizens and legal aliens and in not allowing their government machinery to be a facilitator for the concealment of illegal aliens. States also have a legitimate concern that persons subject to immediate or subsequent deportation will not be financially responsible for property damage or personal injury due to automobile accidents. Finally, states have a legitimate interest in promoting national security. Granting driving privileges to illegal aliens harms national security because, unlike legal aliens, illegal aliens have not undergone background checks or face-to-face interviews to determine whether they pose a national security threat.

Dale L. Wilcox, IRLI’s Executive Director commented, “This is a ridiculous case with no merit and is a waste of the court’s time and precious resources. The audacity of trespassers on our sovereign soil to demand taxpayer-funded benefits, like a driver’s license or card, just boggles the mind.” Wilcox continued, “Illegal aliens do not have a right to driving privileges, nor do they have a right to travel freely in the U.S. as federal law makes their very presence in the U.S. unlawful. In short, this case is about sour grapes as the overwhelming majority of Oregonians have spoken and rejected taxpayer-funded giveaways to those who have no legal right to be here.”

A copy of both motions as filed can be seen here:

http://Irli.org/wp-content/uploads/2016/01/stamped-motion-to-intervene.pdf

http://Irli.org/wp-content/uploads/2016/01/stamped-motion-to-dismiss.pdf

For additional information, contact:

Dale L. Wilcox
202-232-5590
dwilcox@irli.org

OFIR meeting - this Saturday!

Alert date: 
2016-01-22
Alert body: 

Never before has the issue of immigration – both legal and illegal – been such an important topic in the Presidential election. And, never before has our country been in such jeopardy because of our lax immigration policies.

Join OFIR this Saturday - bring your ideas and we will have an open discussion about what we can and should be doing to take advantage of the momentum in the immigration debate.

We'll also bring you up to date on the status of OFIR's two citizen's initiatives that have been winding their way through the ballot title challenge process all the way to the Supreme Court.

And, for all of you that worked so hard to defeat driver cards for illegal aliens, and are following the lawsuit filed in Federal Court to overturn our big 66% win – we will have the latest news to report to you.

And, if that's not enough – it's time to elect NEW Executive Board officers!

2016 promises to be a watershed year and hopefully a turning point for U.S. and Oregon immigration policies. But, voters must step up.

If you have questions please call OFIR at (503) 435-0141 or send an email to ofir@oregonir.org.

Driving directions to Best Western Mill Creek Inn:
From I-5, take exit 253, which is the intersection of I-5 and State roads 22 and Business 99E. Go West on 22 (Mission St.) a short distance to Hawthorne Ave. (Costco will be on your right.) Turn R on Hawthorne Ave. to the first left, which is Ryan Drive. Turn left on Ryan Drive, by Denny’s Restaurant, and proceed to Mill Creek Inn just beyond.

From downtown Salem: Go east on Mission St. (State Rd. 22). Follow 22 just past the Airport and turn left on Hawthorne Ave. Then take the first left (almost an immediate left) into Ryan Drive; you will see the Inn directly ahead.

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