Prior to 9-11 , North Carolina law said "The Division shall not issue a license to an applicant who fails to provide the applicant's social security number." It also required proof of North Carolina residence. The Attorney General's office told DMV just to ignore the SSN requirement because "the law only addresses those persons who have been issued a social security number."

Some Republicans tried to tighten up the rules for issuing licenses. Instead, right after 9-11, the Democrats put language in the budget that actually made the law worse than it was before 9-11. Right now, North Carolina law, in violation of the North Carolina Constitution, subverts federal immigration law and helps people in this country illegally to get drivers licenses.

The 9-11 Families for a Secure America know that hiding among the illegal aliens are terrorists and other criminals who threaten the people of North Carolina. That is why they endorsed Fern Shubert for Governor. They believe that North Carolina's license policy is a threat to national security and they recognize that she is the only candidate for Governor who has worked to change that policy.

Before 9-11, aliens couldn't use a Taxpayer Identification Number to get a license but S1005 made that legal. Before 9-11, matricula cards weren't mentioned in the law. S1005 said the matricula was "a reasonably reliable" indicator of residence and included it with the other proofs that were acceptable. Most bizarre of all, S1005 added a provision which required the department to permit any applicant who had NO proof of residence to sign an affidavit and use that as proof of residence.

If anyone goes to www.ncleg.net , changes the Site Search to the 2001-2002 session, and puts in S1005, they will go to a summary page on that bill. The bill history is given on that page. (It also shows the primary sponsor was Aaron Plyler, the Senator Fern Shubert replaced.) This page is at the top of the series of attachments that follows this explanation .

If they click on the Editions, they can trace how the bill changed over time. If they go to a given edition and do a Find for 20-7, they will get to the license section fairly quickly.

The last version of S1005, passed by the House in June, had a small improvement in license laws. It wasn't much, but it was all those who wanted to tighten up could get past the Democrats. This is at the bottom of the attachment since it came first.

Right above that in the attachment is the language that came out of the conference committee and was passed by the House and the Senate just after 9-11. As you can see, the bill came out of conference 9-19 -2001 and was passed a few days later. If you go back to the General Assembly home page, click on Legislation on the left and then click on History of Votes you can learn who voted for the conference report on S1005. In the House it was a party line vote, with all of the Republicans opposed and all of the Democrats (except Hunter, who was absent) voting for the bill. Since this was the budget, I expect the Senate vote was also party line. In the Senate you have to look up each member because they don't post the combined vote like they do in the House.

By the way, the current Governor was the Attorney General when DMV was told to ignore the law and give licenses without an SSN. It would be very fitting for Senator Shubert to defeat him, since she has already helped retire Phil Baddour, the House Majority leader who helped push S1005 through and Aaron Plyler who was Chief Sponsor of the bill on the Senate side. It would certainly make the point that backing this kind of nonsense is bad for political careers.

 

Short Title: The Appropriations Act.

Bill Text

Fiscal Note

Attributes

Sponsors

Edition 1
Edition 2
Edition 3
Edition 4
Edition 5
Ratified
Chaptered

SFN1005v4

P
$
*

Prime Sponsors: Aaron W. Plyler;

Co-Sponsors: Howard N. Lee; T. LaFontine Odom, Sr.;

Vote History

Date

Subject

RCS #

Aye

No

N/V

Exc. Abs.

Exc. Vote

Total

Result

 

09/21/2001 9:22AM

Conference Rpt\Third Reading\Motion 7\To Adopt

[S] - 1047

26

8

0

2

0

34

PASSED

 

09/21/2001 10:00AM

R3 Ruled Mat'l\ADOPTION OF\CONFERENCE\REPORT

[H] - 1244

63

53

0

4

0

116

PASSED

 

Viewing Last 2 Vote(s)

View All Votes

Bill History

Date

Action

04/04/2001

[S]

Filed

04/05/2001

[S]

Ref To Com On Appropriations/Base Budget

05/28/2001

[S]

Reptd Fav Com Substitute

05/28/2001

[SA]

Com Substitute Adopted

05/28/2001

[SA]

Com Amend Adpt & Engross

05/28/2001

[S]

Re-ref Com On Pensions & Retirement and Aging

05/28/2001

[S]

Reptd Fav

05/28/2001

[S]

Re-ref Com On Finance

05/29/2001

[S]

Reptd Fav As Amended

05/29/2001

[SA]

Com Amend Adpt & Engross

05/29/2001

[S]

Re-ref Com On Appropriations/Base Budget

05/29/2001

[S]

Reptd Fav Com Substitute

05/29/2001

[SA]

Com Substitute Adopted

05/30/2001

[SA]

Amend Adopted #1

05/30/2001

[SA]

Amend Adopted #2

05/30/2001

[S]

Passed 2nd Reading

05/31/2001

[SA]

Amend Adopted #3

05/31/2001

[SA]

Amend Adopted #4

05/31/2001

[SA]

Amend Adopted #5

05/31/2001

[SA]

Amend Adopted #6

05/31/2001

[S]

Passed 3rd Reading

05/31/2001

[H]

Rec From Senate

05/31/2001

[H]

Ref To Com On Appropriations

06/26/2001

[HA]

Reptd Fav Com Substitute

06/26/2001

[H]

Cal Pursuant Rule 36(b)

06/26/2001

[H]

Placed On Cal For 6/27/2001

06/27/2001

[H]

Amend Failed #1,#2,#3,#4,#5,#13

06/27/2001

[HA]

Amend Adopted #6,#7,#9,#10,#11

06/27/2001

[H]

Passed 2nd Reading

06/28/2001

[H]

Amend Failed #14,#21,#20,#22,#25

06/28/2001

[HA]

Amend Adopted #15,#16,#18,#17,#19,#23,#24,#26,#28,#30,#29,#27,#32,#31

06/28/2001

[H]

Amendment Withdrawn #12

06/28/2001

[H]

Passed 3rd Reading

06/28/2001

[S]

Rec To Concur H Com Sub

06/28/2001

[S]

Placed On Cal For 6/28/2001

06/28/2001

[S]

Failed Concur In Com Sub

06/28/2001

[S]

Conf Com Appointed

07/03/2001

[H]

Conf Com Appointed

09/19/2001

[H]

Conf Com Reported

09/19/2001

[H]

Conf Held As Material

09/19/2001

[H]

Placed On Cal For 9/20/2001

09/19/2001

[S]

Conf Com Reported

09/19/2001

[S]

Conf Held As Material

09/19/2001

[S]

Placed On Cal For 9/20/2001

09/20/2001

[H]

Conf Report Adopted 2nd

09/20/2001

[S]

Conf Report Adopted 2nd

09/21/2001

[S]

Conf Report Adopted 3rd

09/21/2001

[H]

Conf Report Adopted 3rd

09/21/2001

[S]

Ratified

09/21/2001

[S]

Pres. To Gov. 9/21/2001

09/26/2001

[S]

Signed By Gov. 9/26/2001

09/26/2001

[R]

Ch. SL 2001-424

9/11 Families Endorse Senator Fern Shubert's Campaign for NC Governor

The families of the victims of September 11, 2001

Box 911-159 47-01 Greenpoint Ave. NY NY 11104 www.911fsa.org

For Immediate Release

To voters in the North Carolina Republican gubernatorial primary:

We, the 9/11 Families for a Secure America, are writing to urge you to support Sen. Fern Shubert in the Republican primary for Governor of North Carolina.

The membership of 9/11 FSA is made up the families of those murdered in the terrorist attacks of September 11th 2001 and of survivors of those attacks. We know that the American drivers’ licenses the terrorists possessed were essential tools that enabled them to carry out the murders of our children and parents, husbands and wives, sisters and brothers. In fact, the 19 terrorists possessed a total of 63 US-issued drivers’ licenses from three states. These licenses were the “valid ID” that enabled them to board the aircraft they used as weapons of mass murder.

Despite the crucial role played by drivers’ licenses in letting the 9/11 conspirators murder our family members, a few states, INCLUDING NORTH CAROLINA still issue licenses to illegal aliens and the unknown terrorists among them.

YOU have the power to end this dangerous practice. You can do it by voting for Fern Shubert.

FERN SHUBERT IS THE ONLY PERSON IN EITHER PARTY running for Governor who has been working to change your state’s licensing law to prohibit illegal aliens and terrorists from getting North Carolina official “ID.”

If there had been more people like Fern Shubert holding political office before September 11, 2001, the mass murderers might never have gotten licenses, might never have been able to board those aircraft…and perhaps our loved ones would be alive today.

We can’t bring home to us those we lost on 9/11/01, but we can help prevent more terrorist acts by asking you to elect Fern Shubert as Governor of North Carolina.

Respectfully,
Board of Directors , 9/11 Families for a Secure America

Peter & Jan Gadiel, Parents of James, age 23, WTC, North Tower 103rd Floor; Monica Gabrielle, Wife of Rich Gabrielle, WTC, South Tower; Colette Lafuente, Wife of Juan Lafuente, WTC visitor; Bill Doyle, Father of Joseph; Sally Regenhard, Mother of Firefighter Christian Regenhard; Wil Sekzer, Detective Sergeant (Retired) NYPD, Father of Jason Age 31, WTC, North Tower, 105th Floor; April Gallop, Pentagon Survivor; Joan Molinaro Mother of Firefighter Carl Molinaro; Bruce DeCell (NYPD, Retired) Father in law of Mark Petrocelli, age 29, WTC, North Tower, 105th floor; Diana Stewart, Only wife of Michael Stewart; Grace Godshalk, Mother of William R. Godshalk, age 35, WTC, South Tower, 89th Floor; Lynn Faulkner, Husband of Wendy Faulkner, WTC South Tower; Alice Kelly, Mother of Joseph Kelly, age 40, WTC, North Tower, 105th Floor.

Published: 5/22/2004

Governor’s PR Stunt Backfires . . . Easley Proves Shubert’s Point

Contact: Fern Shubert or Andrea Norberg, Press/Public Relations Tel: 704-624-2720 or 1-877-GOV-FERN.

For immediate release

For many months, State Senator Fern Shubert has pushed for legislation to halt the practice of giving real government identification (drivers licenses) to people without real proof of their identity. In late December, Governor Easley finally responded, not by supporting the needed legislation but by having DMV issue a press release saying they planned to tighten the procedures for issuance of driver’s licenses starting February 2nd .

Have you been by a DMV office lately? Thanks to the announcement in December of plans to tighten up in February, lines are out the door. The press has documented the fact that lines have lengthened as people rush to avoid tighter rules.

“Unfortunately, this is much like the trick that the administration played in 2001 after 9-11 when they claimed to tighten up. The lines will be shorter when the new rules go into effect because everyone planning to use questionable documentation anytime soon is rushing to beat the deadline.” Senator Shubert observed. “If they had told the truth in 2001, they wouldn’t need to tighten up now. The fact is, just like the last time, those seeking fake ID will soon learn the changes won’t stop anyone who really wants a fraudulent drivers license while the public will believe NC has tightened up.”

North Carolina law, which cannot be changed by DMV but requires legislative action, permits the use of Individual Taxpayer Identification Numbers (ITINs) that are worthless from a security standpoint. The law says “The Division rules adopted pursuant to subsection (b3) of this section shall also provide that if an applicant cannot produce any documentation specified in subsection (b3) or (b4) of this section, the applicant, or in the case of a minor applicant a parent or legal guardian of the applicant, may complete an affidavit, on a form provided by the Division and sworn to before an official of the Division, indicating the applicant's current residence address.” Even if DMV changes the documentation accepted to prove residency next month, the law says DMV must permit the issuance of a license even if the applicant has no documentation other than an ITIN provided they swear or affirm an affidavit.

“Imagine a bank president issuing a press release announcing that the bank’s ATMs were giving out money to anyone who asked without proof of identity, but that he planned to have them fixed next month. The bank’s owners would be furious. The citizens of this state should be just as furious with Mike Easley,” said Fern Shubert. “The Governor needs to immediately implement any changes that can be made administratively to put an end to our reputation as a state that helps people break the law, and he needs to call a special session of the legislature to make the changes needed that require legislative action. Failure to act promptly is clear proof that he wants to help those who come here to break the law.”

Published: 1/21/2004

 

Will Easley Endorse Shubert’s Bill to Tighten Driver’s License Issuance? He’s Finally Admitted License Issuance Has Problems.

Contact: 1-877-GOV-FERN (468-3376) www.ForFern.com

For immediate release

For many months, State Senator Fern Shubert has called on Governor Easley to tighten the procedures for issuance of driver’s licenses. Finally, shortly after Shubert’s press release revealing that the Governor had failed to act on an IRS warning that the use of ITINs (individual taxpayer identification numbers) for license issuance was a threat to security, DMV “announced new security measures and procedures that will assist the DMV in preventing driver license fraud.” Based on the DMV report, the press told the public that “The state Division of Motor Vehicles will make it more difficult for illegal immigrants to obtain North Carolina driver licenses.” (Raleigh News & Observer, Dec. 31, 2003)

“I’m delighted that the Administration has finally admitted license issuance procedures in North Carolina need improvement,” said Senator Shubert. “I just wonder when they’re going to do what actually needs to be done. The IRS warned about the use of ITINs. My bill would change the law to stop the use of ITINs. Until the law is changed, North Carolina will continue to be a magnet for people who want a drivers license and who are willing to break the law.”

Over the holidays, faced with fears of terrorist activity, Governor Easley claimed state officials are "taking all the necessary steps to comply with all the intelligence that we are receiving.” Unfortunately, his claim was no more accurate than the claim made after 9-11 that the state was passing a new law that would “tighten up the way (NC) issues licenses and other IDs – a process now regarded as one of the country’s most lenient.” (Charlotte Observer, 12/24/2001) The new law passed in 2001 actually made it easier to get a license than the existing law, which Easley’s Attorney General’s office had told DMV to ignore.

“It appears that Governor Easley does not want the public to know that his administration has been giving driver’s licenses to illegal aliens and plans to continue to do so,” said Senator Shubert. “Wayne Hurder, the head of DMV’s licensing division, has clearly stated “the fact that a person is in the United States without the permission of the Department of Homeland Security (formerly INS) is irrelevant as far as North Carolina DMV is concerned, as per NCGS 20-7 and NCGS 4.01.” If that is the law, then it needs to be changed. If it is not, Mr. Hurder needs to be dismissed. Governor Easley can’t have it both ways.

Published: 1/5/2004

Senator Shubert Welcomes Discussion of Illegal Immigrants

FOR IMMEDIATE RELEASE
January 8, 2004

Contact: Senator Fern Shubert (704) 624-2720
Press Coordinator: Andrea Norberg 1-877-GOV-FERN (468-3376) Web Address: www.ForFern.com

Senator Fern Shubert, a candidate for Governor, has made reducing illegal immigration into North Carolina one of her top issues. As a result of her study of the issue, she disagrees with President Bush’s proposal to reward the illegal aliens in the USA for breaking our laws by granting them legal status.

“We should not reward people for breaking the laws of our nation.” Senator Shubert said. “Doing so will encourage others to break the law. I support the President and I am pleased with his work as our Commander in Chief, but I strongly disagree with his proposal to grant legal status to illegal aliens.”

North Carolina has had the largest percentage increase in illegal immigration of any state in America. This unprecedented and massive wave of illegal immigration is having a negative impact on the state budget. Unemployment numbers reflect the unprecedented growth in job seekers.

“Just this week I was called by a lady in my county, in her fifties without a high school diploma, who has recently lost her job of many years. She’s looking for another job but very discouraged because there are so many people in the county now who are willing to work for next to nothing,” said Senator Shubert. “I understand that people from other lands want to come here, but they need to follow the law. Governor Easley has ignored the needs of North Carolina residents by making North Carolina the destination of choice for illegal aliens. By helping those here illegally, he has hurt our lifelong residents.”

“The key word is not immigration,” Senator Shubert said. “The key word is illegal. The federal government decides how many people can legally enter this country. The issue is whether it matters whether people come here legally or not. If it doesn’t matter, there is no point in discussing how many should be admitted. If we grant those who have come here illegally preference over those who are still waiting to come here legally, we are undermining the foundation of our government.”

Senator Shubert’s campaign was the first campaign for Governor to make illegal immigration a top issue. She has worked for some time to tighten driver license requirements at the North Carolina Department of Motor Vehicles ( DMV). For years, illegal aliens have come to North Carolina because North Carolina willingly licenses illegal aliens. DMV periodically claims they are tightening up on license requirements, but it remains state policy to grant licenses to illegal aliens.

“The current Governor, Mike Easley, has rolled out the red carpet to illegal aliens in this state.” Senator Shubert said. “Recently he responded to my call for tighter rules at DMV, not with support for changes in the law, which permits licensing illegal aliens, but with another publicity campaign. The legal residents of North Carolina, and I think that includes most legal immigrants, do not want illegal immigration and they do not want those here illegally rewarded. If elected to serve as Governor, I will do all in my power to reduce illegal immigration and to oppose acts that reward people who break the law.”

Senator Fern Shubert Urges Governor to Do His Job

For many months, State Senator Fern Shubert has warned that the use of Individual Taxpayer Identification Numbers for drivers license issuance is a danger to public safety. She has called on Governor Easley to defend his support of a state policy that permits people who have no social security number to use an ITIN as a substitute when obtaining a drivers license, stating that ITINs are simply an administrative convenience for the IRS and provide no assurance of the true identity of the individual.

According to a September 7th story in The Washington Times, the IRS agrees with Senator Shubert concerning the danger posed by North Carolina’s current lax license issuance standard. The article states “The IRS recently sent letters to all 50 governors, asking them to instruct their motor vehicles agencies not to accept the ITINs.”

According to Shubert, “While there is no requirement that the Governor share this sort of information with the legislature or the public, his failure to do so is further evidence of his reluctance to publicly defend his policy of helping people who are breaking the law. I believe the public should be made aware of the fact that we have a law in place that helps lawbreakers.”

The letter, sent August 8th to all Directors of Departments of Motor Vehicles and all Governors, reminds states like North Carolina, who do accept ITINs, “that IRS issues ITINs for tax purposes only” and that they “do not subject ITIN applicants to the same rigorous document verification standards as Social Security number or visa/passport applicants.” ITINs do not prove identity.

But the letter goes much farther. It also says, “If your state is considering legislation to accept ITINs as proof of identity for driver’s licenses, please alert your legislators to potential security risks. State-issued photo identification provides unrestricted access to most U.S. air and ground transportation systems and entry to public buildings.”

Shubert said, “Governor Mike Easley’s failure to share the IRS warning with the public or state legislators is understandable. He’s ignored all previous warnings, why would he do anything about this one? But if he isn’t interested in informing the public, I am. That’s why I sought a copy of the letter and it is being furnished as an attachment to this press release. Since Governor Easley didn’t issue the warning, I will.”

Published: 12/8/2003

Poll Shows Public Support for Shubert's Immigration Policy

Senator Fern Shubert, candidate for NC Governor, says a recently released poll shows the public agrees with her stance on illegal immigration. “When the public realizes I’ve been working for three years to stop the flood of illegal aliens into North Carolina, while the other candidates for governor have done little or nothing about the issue, I believe voters will realize that there is a great difference between candidates,” said Senator Shubert. “Governor Easley didn’t just ignore the issue. His administration has opposed my efforts to address the issue. The difference between our views on this issue is quite clear.”

The News & Observer of Raleigh recently announced, based on a poll they commissioned, that “Three-fourths of North Carolinians think the United States admits too many legal immigrants.” They added “About the same number think Mexicans who came here illegally for work should not be allowed to remain, even if they are otherwise law-abiding.” (News & Observer, Monday, November 24, 2003)

According to the N & O, a nationwide survey taken a year ago showed that 70% “believed controlling or reducing illegal immigration should be a very important goal of government” while only “55% of respondents favored cutting the number of legal immigrants.” The national poll numbers make sense. One would expect greater aversion to illegal immigration than to legal immigration. After all, this country is known as a nation of immigrants. We’ve usually welcomed those who wanted to become Americans and embrace our language and our way of life and defend our freedoms.

North Carolina’s poll numbers also make sense. They suggest that North Carolinians, facing one of the fastest growing immigrant populations in the country, are so overwhelmed by the number of new residents that they are no longer distinguishing between legal immigrants and illegal aliens. This is bad news for those who want to come here legally, but the problem is more than an anti-immigrant backlash or the length of the lines of illegal aliens waiting at DMV offices to get a drivers license.

Illegal aliens are demanding educational services, health care services, and driving up the costs of the criminal justice system. It was bad enough when law enforcement officers talked about a “catch and release” policy for foreign offenders, who would get a new drivers license rather than appear in court, but now, according to a recent article, “Across the Triangle, judges are finding motorists not guilty of drunken driving and refusal charges because law enforcement officials weren't able to read their rights or guide them through sobriety tests in Spanish.” (News & Observer, November 13, 2003)

“Enough is enough,” said Senator Shubert. “It is time for Governor Easley and his supporters to take responsibility for the influx of illegal aliens and the problems they are creating. North Carolina doesn’t set federal immigration policy, but we have certainly been undermining it. I don’t think we should aid those who enter this country illegally by giving them a drivers license. Governor Easley disagrees. The public has made it clear to me that they want his policy stopped, and I believe next year they will give me the opportunity and the legislative support to stop it.”

Published: 12/3/2003

Remember Animal Farm? Some Are More Equal Now (RR 12-1-2003)

The rule of law has always been a key to American prosperity. Without the law, there was little incentive for many people to strive since someone more powerful could take whatever they created. The idea of equality before the law is a key American concept and one of the foundations of our freedom.

Unfortunately, this concept is rapidly being eroded. I’ve received complaints from North Carolina natives who were required to return home to get additional documentation to obtain a drivers license while people with far more dubious documentation were assisted in obtaining fake identification cards (licenses). DMV examiners have been told that it is none of their business whether the applicant is in this country legally, or even whether he or she can speak English well enough to read or understand directions.

One of the dangers of this lenient approach to licensing is that more and more drivers are unable to speak English. Now, according to a recent article, “Across the Triangle, judges are finding motorists not guilty of drunken driving and refusal charges because law enforcement officials weren't able to read their rights or guide them through sobriety tests in Spanish.”

According to the article, “A 2000 University of North Carolina study shows Hispanic drivers are more than twice as likely to be involved in alcohol-related crashes as non-Hispanics and about 3 1/2 times as likely to be charged with drunken driving. Researchers say these phenomena can be explained in part by the lack of enforcement of drunken driving in some of the immigrants' countries of origin. “

The lack of law enforcement in other countries should not be permitted to erode the law in this one. I first became of the extent of the illegal immigration problem in NC when a policeman told me about the “catch and release” program for illegal aliens. According to him, there’s no point in arresting some people for DUI because they’ll get a new license rather than show up for court. Many already have several. Now it appears that even if they make it to court, they may be given a “free ride” at public expense because they claim they can’t speak English.

Wake County’s prosecutor suggested that if law enforcement personnel were required to take Spanish, “we might as well make them start studying Magyar, Yiddish and Chinese.” He’s right.

In George Orwell’s Animal Farm: “All animals are equal, but some animals are more equal than others.” Let’s hope North Carolina doesn’t permit that warped logic to prevail.

California is Conservative Compared to North Carolina (RR 12-1-2003)

For years I’ve observed that it seems North Carolina’s liberal leaders are determined to follow California’s crazy ideas … from banning phonics to stealthily embracing ebonics (see the August 11, 2003 Raleigh Report showing the decline in grammar skills) to taking on long term debt to pay current state operating costs. But in one area it has long seemed California is downright conservative compared to NC.

California’s former governor vetoed legislation that would permit people in this country illegally to obtain drivers licenses because he recognized the threat to national security posed by helping people break the law. Only when threatened with recall did he relent and sign a bill that would help people break the law. Apparently he thought he saw political benefit in helping people break the law, but he was obviously mistaken.

North Carolina’s governor, even when attorney general, apparently is more liberal than Davis. He sees no problem with helping people break the law. The Democrat leaders who control the legislature evidently support his position, since they will not permit legislative action to end the practice of issuing drivers licenses without requiring real proof of identity or residence.

Earlier this year, in an attempt to highlight the danger posed by North Carolina’s current lax license issuance policies, I invited Peter Gadiel, the father of 23 year old James Gadiel, one of the victims of the 9-11 bombing, to visit North Carolina. He addressed the legislative committee to which my bill requiring proof of legal residence to obtain a drivers license was assigned, begging them to act on the bill, and warning that if they failed to act they might be viewed as responsible in the event of another terrorist incident. Unfortunately the Democrat leadership had decreed that no vote would be permitted so their members could avoid responsibility for helping people break the law.

A recent N & O poll suggests that the Democrat leaders might want to reconsider their position. Apparently three-fourths of North Carolinians believe there are too many legal immigrants and a similar number think those here illegally should not be permitted to remain. It seems clear that the majority of North Carolina’s legal voters are not likely to support helping people break the law.

The federal government sets the level of legal immigration. The state government sets the rules for drivers licenses. It is absurd for the state to help people violate immigration laws.

Fern Shubert Takes Aim at Gov. Mike Easley's Encouragement of Illegal Immigration

Contact: 1-877-GOV-FERN (468-3376)

FOR IMMEDIATE RELEASE

Senator Fern Shubert has added a stance against Easley’s encouragement of illegal immigration as one of her top campaign issues in the race to become the next Governor of North Carolina. Shubert says Governor Easley’s encouragement of illegal immigration threatens national security and North Carolina’s future. “Why does he want to help people break the law?” Shubert asks.

“What we have here is a recipe for disaster!” Senator Shubert said. “The Democrats are raising taxes to pay for their policy of encouraging illegal immigration. Their policy is hurting North Carolina workers and running off jobs. Everywhere I go around the state, law enforcement officers, health care workers, and education professionals tell me about the enormous cost of illegal immigration and its negative impact on North Carolina. Their concern isn’t immigration; it is illegal immigration.”

Governor Mike Easley’s policies have made North Carolina a welcoming destination for people who break the law. “The D.M.V. in North Carolina, where illegal immigrants from the states on the Eastern seaboard go to get their drivers’ licenses, is aware of its role, said Wayne J. Hurder, North Carolina’s director of driver’s license certification.” (The New York Times, 3/2/2003)

Hurder claims he acts to promote public safety, but as State Tech magazine says (October 2002), “fake identification documents and cards can open the door to devastating terrorist activities.” If fakes are dangerous, how about real licenses issued based on false documentation, as North Carolina does? Government Technology (April 2003) notes that “Drivers often secure multiple drivers’ licenses to conceal out-of-state criminal convictions and traffic violations.” How does helping criminals establish new fake identities promote public safety?

“Were you aware that our DMV (Department of Motor Vehicles) is giving out driver’s licenses without real proof of identity or residence? Governor Mike Easley has rolled out the red carpet to illegal immigrants, encouraging them to come here, and it is costing North Carolinians their jobs.” Senator Shubert said. “Even California Governor Gray Davis recognized the threat to public safety posed by permitting illegal immigrants to use tax identification numbers (TINs) as proof of identity and twice vetoed legislation authorizing the use of TINs. North Carolina not only allows the use of Taxpayer Identification Numbers, which prove nothing, to establish identity, but we’ll let non-residents pay $2 to sign a sworn affidavit stating they live in North Carolina and accept that as proof of residence.”

Shubert continued, “Governor Mike Easley’s policies make establishing a false identity easy in North Carolina. His policies have encouraged the development of a network that not only assists illegal immigrants, but also encourages criminals, gangs, drug dealers, sex offenders, drunk drivers, and terrorists to enter our state.”

“North Carolinians are generous and compassionate people.” Senator Shubert said. “But these are dangerous times and we must put the protection of law abiding citizens ahead of political considerations. We must put the safety and well being of the citizens of North Carolina first. I am the candidate who will roll up Mike Easley’s red carpet for lawbreakers and support those who obey the law rather than those who ignore it.

Published: 9/26/2003

NC Welcomes Terrorists
Drivers Licenses Revisited (RR 1-11-2002)

The October issue of the Raleigh Report (available at www.forfern.com) talked about the fact that NC was so lax in issuing driver’s licenses that Pakistanis who came here from New York to get licenses said they did so because it was so easy compared to other states. As a result of pressure from several House Republicans and a few reporters, the Department of Motor Vehicles ( DMV ) then claimed that a new law was going into effect November first which would tighten up on license issuance.

Unfortunately the major media reported what DMV said without informing the public of DMV’s past record or the fact no new law was passed with a November 1 effective date. In order to avoid further scrutiny, DMV was just using the press to mislead the public by pretending to do what was needed to fix what was very obviously a major problem.

The House budget actually included a fairly obvious step in ending the practice of issuing licenses to nonresidents by requiring DMV to issue a temporary license when the applicant passed the test and to mail the permanent license to the address given by the applicant. Unfortunately, when the conferees appointed by Democrat Speaker of the House Jim Black and Democrat President Pro Tem of the Senate Mark Basnight met, they dropped that simple safeguard, perhaps because the Democrats who run the executive branch did not really want to fix the problem.

In its place they put a provision that makes a joke of the suggestion that applicants must provide documents that prove they reside in NC by saying that "if an applicant cannot produce any documentation specified" then the applicant "may complete an affidavit." That’s right, even though the documentation specified is as meaningless as a preprinted business letterhead (run off on a personal computer printer), if the applicant doesn’t want to bother with printing themselves a letterhead they can just give the examiner $2 and swear to an affidavit.

This issue isn’t going to go away. Giving official government identification to people who provide false information should be viewed as an invitation to terrorists.

SC Attorney General Thinks NC Licenses Untrustworthy (RR 1-11-2002)

In fact, he recently asked US Attorney General John Ashcroft to require airlines to refuse to accept licenses from NC and three other states as identification for boarding planes. As he stated "illegal aliens have been getting on planes all over this country with nothing more than a driver’s license to carry them on board. . .This is a very dangerous situation."

But NC officials are not concerned about the situation. Wayne Hurder, director of driver’s license certification for DMV, speaking for NC’s executive branch said "Our job is not to force compliance with immigration laws." Mr. Hurder is simply following the guidance he received from the Attorney General’s office when it was under the guidance of current Governor Mike Easley. These officials want to issue drivers licenses to illegal aliens, as Mr. Hurder explained, because they believe that illegal aliens are going to drive without a license if we don’t give them one, so why not issue licenses?

The public needs to demand changes in how licenses are issued and in the attitudes of those responsible for licensure. After September 11, the idea that anyone should be able to lie to get a license is simply unacceptable.

In an editorial November 1, the Charlotte Observer talked about how "Virginia’s liberal policy for obtaining a driver’s license or state identification card has led to fraud and corruption." They said "tens of thousands of illegal immigrants got legal driver’s licenses or identification cards in Virginia, where applicants needed none of the standard proofs of identity or residency - such as a Social Security Card or utility bill."

But when it came to NC, the editor let his friends in state government off the hook. He claimed that "such elaborate schemes as those in Virginia have not been documented in North Carolina," even though 400,000 NC drivers licenses have been issued to people who admitted they had no social security number. Perhaps he forgot that the lawyer for a Madison County license examiner who was charged with "wrongful issuance of a driver’s license" was chairman of the State Board of Elections and a fundraiser for Governor Mike Easley.

Pakistanis from NY Come to NC
…for Driver’s Licenses (RR 10-24-2001)

Recently three Pakistanis were arrested because they were trying to use phony ID info to get "valid" NC driver’s licenses. They told the judge they came here to get a license because it was so easy compared to other states. Wonder why?

I can’t say, but I can say that last week’s events certainly gave me a few new ideas on the subject. Last week a bill aimed at discouraging underage drinking reached the House floor. It raised the penalty for securing or using a phony ID to the level of a class 1 misdemeanor. It also instructed DMV to establish a database of driver’s license info to be used by retail merchants to easily establish the age of prospective customers electronically.

To me, it seemed wildly inconsistent to set a penalty for buying a fake ID higher than the penalty for obtaining a real NC driver’s license by using false information. It also seemed to me that the database established for the merchants should be available to boards of election that wanted to use it to verify voter addresses. After all, the Motor Voter legislation passed a few years ago encouraged voter registration of driver’s license applicants, and we know we have many, many thousands of invalid driver’s licenses, many probably held by nonresidents.

To address these concerns, I asked to have 2 amendments prepared. One would raise the penalty for using false information to get a government issued picture ID (like a driver’s license) to a class 1A misdemeanor, just one step higher than the penalty for buying a totally false ID. The other would authorize boards of election to access the DMV database to verify addresses. Since I don’t like playing gotcha, I told the House floor manager of the bill, Rep. Phil Baddour, what I planned to offer as amendments.

Rather than supporting the amendments, Rep. Baddour said that if I insisted on offering them, he would simply pull the bill. He finally agreed to permit the first amendment, but only at the class 1 level, so I offered that amendment and it passed unanimously. Better than nothing, I suppose.

Why Are The Lines So Long At DMV? (RR 10-24-2001)

Could it be because only NC’s Executive Branch is foolish enough to want to sell driver’s licenses to people from all over the world without regard to North Carolina residence? This may sound ridiculous, but consider the following:

When a bill to permit DMV to register driver’s license applicants for the draft reached the House Appropriations Committee, it was waylaid by a number of lawmakers who were upset by the fact that DMV was ignoring the law and issuing licenses to people who didn’t even have a social security number. As Rep. Jeff Barnhart pointed out, the manual at DMV says to put in 9’s if the applicant lacks a real SSN.

The DOT representative said she thought there might be an attorney general’s ruling that authorized ignoring the law, but the bill was held up to get more information.

At the next meeting of the committee, little info was provided, but the bill was rushed through, despite the fact that 388,000 licenses have already been issued with no SSN. At the rear of the committee room, irate members met with Wayne Hurder of DOT and asked for the promised information, including the legal justification for ignoring the law. They also asked for assurance that the law would be followed, but were told that changes would await the January 1 effective date of new budget provisions.

Subsequently House members amended another bill to require DMV to retrieve the invalid licenses with no SSN. Democrat leaders objected, but the amendment passed. As some of us observed, they might not be able to retrieve all of the bad licenses, but it might encourage the executive branch to at least quit issuing more bad licenses. At last report, the number is now 399,000 and rising.

Changes in License Laws, SB 1005 Ratified 9-21-2001 (10 days after 9-11)

DMV/PROOF OF RESIDENCY/SOCIAL SECURITY #/ITIN
       SECTION 27.10A.(a)  G.S. 20-7(b1) reads as
rewritten:
  "(b1)  Application. - To obtain an identification card,
learners permit, or drivers license from the Division, a person
must shall complete an application form
provided by the Division, present at least two forms of
identification approved by the Commissioner, be a resident of
this State, and demonstrate his or her physical and mental
ability to drive safely a motor vehicle included in the class of
license for which the person has applied. At least one of the
forms of identification shall indicate the
applicant's residence address. The Division
may copy the identification presented or hold it for a brief
period of time to verify its authenticity. To obtain an
endorsement, a person must shall
demonstrate his or her physical and mental ability to drive
safely the type of motor vehicle for which the endorsement is
required.
  The application form must shall
request all of the following information, and it
must shall contain the disclosures
concerning the request for an applicant's social security number
required by section 7 of the federal Privacy Act of 1974, Pub.
L. No. 93-579:
       (1)  The applicant's full name.
       (2)  The applicant's mailing address and residence
            address.
       (3)  A physical description of the applicant, including
            the applicant's sex, height, eye color, and hair
            color.
       (4)  The applicant's date of birth.
       (5)  The applicant's valid social security
            number. The Division shall not issue
            a license to an applicant who fails to provide the
            applicant's social security number.
       (6)   The applicant's signature.
  If an applicant does not have a valid social security
number and is ineligible to obtain one, the applicant shall
swear to or affirm that fact under penalty of perjury. In such
case, the applicant may provide a valid Individual Taxpayer
Identification Number issued by the Internal Revenue Service to
that person.
  The Division shall not issue an identification card,
learners permit, or drivers license to an applicant who fails to
provide either the applicant's valid social security number or
the applicant's valid Individual Taxpayer Identification
Number."
       SECTION 27.10A.(b)  G.S. 20-7 is amended by
adding a new subsection to read:
  "(b2)The Division shall adopt rules implementing
the provisions of subsection (b1) of this section with respect
to proof of residency in this State. Those rules shall ensure
that applicants submit verified or verifiable residency and
address information that can be reasonably considered to be
valid and that is provided on any of the following:
       (1)    A document issued by an agency of the
           United States or by the government of another
           nation.
       (2)    A document issued by another state.
       (3)    A document issued by the State of North
           Carolina, or a political subdivision of this State.
           This includes an agency or instrumentality of this
           State.
       (4)    A preprinted bank or other corporate
           statement.
       (5)    A preprinted business letterhead.
       (6)    Any other document deemed reliable by
           the Division."
       SECTION 27.10A.(c)  G.S. 20-7 is amended by
adding a new subsection to read:
  "(b3)Examples of documents that are reasonably
reliable indicators of residency include, but are not limited
to, any of the following:
       (1)  A pay stub with the payee's
            address.
       (2)  A utility bill showing the address of
            the applicant-payor.
       (3)  A contract for an apartment, house,
            modular unit, or manufactured home with a North
            Carolina address signed by the applicant.
       (4)  A receipt for personal property taxes
paid.
       (5)  A receipt for real property taxes paid
            to a North Carolina locality.
       (6)  A current automobile insurance policy
            issued to the applicant and showing the applicant's
            address.
       (7)  A monthly or quarterly financial
            statement from a North Carolina regulated financial
            institution.
       (8)  A matricula consular or
            substantially similar document issued by the
            Mexican Consulate for North Carolina.
       (9)  A document similar to that described
            in subsection (8) of this section, issued by the
            consulate or embassy of another country. This
            subdivision only applies if the Division has
            consulted with the United State Department of State
            and is satisfied with the reliability of such
            document."
       SECTION 27.10A.(d)  G.S. 20-7 is amended by
adding a new subsection to read:
  "(b4)The Division rules adopted pursuant to
subsection (b2) of this section shall also provide that if an
applicant cannot produce any documentation specified in
subsection (b2) or (b3) of this section, the applicant, or in
the case of a minor applicant a parent or legal guardian of the
applicant, may complete an affidavit, on a form provided by the
Division and sworn to before an official of the Division,
indicating the applicant's current residence address. The
affidavit shall contain the provisions of G.S. 20-15(a) and G.S.
20-17(a)(5) and shall indicate the civil and criminal penalties
for completing a false affidavit."
       SECTION 27.10A.(e)  If any person has prior to
January 1, 2002, been issued an identification card, learners
permit, or drivers license by the Division of Motor Vehicles
without providing that person's valid social security number,
the Commissioner may not renew or accept an address change to
that identification card, learners permit, or drivers license
without the proof of that person's valid social security number
or valid Individual Taxpayer Identification Number required for
original issuance.
       SECTION 27.10A.(f)  This section becomes
effective January 1, 2002. 
 
 

 

Changes in License Laws Proposed by House in version of SB 1005 Passed in June 2001 – Mailing licenses would be slight improvement over current law, but even this was deleted in final version (see above)

 
SECTION   27.10.(b)   G.S.   20-7(b1)   reads   as
rewritten:
  "(b1)   Application. – To obtain a drivers  license  from  the
Division, a person must complete an application form provided by
the  Division,  present  at least two  forms  of  identification
approved  by the Commissioner, be a resident of this State,  and
demonstrate  his  or her physical and mental  ability  to  drive
safely  a  motor  vehicle included in the class of  license  for
which  the  person  has  applied.  The  Division  may  copy  the
identification presented or hold it for a brief period  of  time
to  verify its authenticity. To obtain an endorsement, a  person
must demonstrate his or her physical and mental ability to drive
safely  the  type of motor vehicle for which the endorsement  is
required.
  The  application  form  must  request  all  of  the  following
information, and it must contain the disclosures concerning  the
request  for  an applicant's social security number required  by
section  7 of the federal Privacy Act of 1974, Pub. L.  No.  93-
579:
       (1)  The applicant's full name.
       (2)  The   applicant's  mailing  address  and   residence
            address.
       (3)  A  physical description of the applicant,  including
            the  applicant's  sex, height, eye color,  and  hair
     color.
       (4)  The applicant's date of birth.
       (5)  The   applicant's   social  security   number.   The
            Division  shall not issue a license to an  applicant
            who   fails   to  provide  the  applicant's   social
            security number.
       (6)  The applicant's signature.
  All   initially  issued  identification  cards,   learner's
permits,  or  drivers licenses shall be mailed  to  the  address
supplied by  the applicant on the application, by first-
class mail, within 10 days of the application date.   The
Division  shall  issue  to  applicants temporary  identification
cards, learner's permits, or drivers licenses valid for 15 days.
  The  notice  that  the initial identification card,  learner's
permit,  or  drivers  license will be  mailed  to  a  successful
applicant  at  the  address  the  applicant  supplied  shall  be
prominently  displayed at the local Division office  in  English
and in Spanish."
     SECTION  27.10.(c)   The Division  may  use  funds
available during the 2001-2002 fiscal year to pay any additional
expenses  resulting  from  the  issuance  of  temporary  initial
identification cards, learner's permits, or drivers licenses and
the  subsequent  mailing  of  those  documents  as  required  by
subsection (b) of this section.
 
 
Note: Words underlined are new material being added by bill. Strikethroughs are words being deleted by bill.