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1. Napolitano presses PASS ID Act
2. $1.2 grant to aid naturalization
3. Drug case complicated by sanctuary
4. NC comm colleges OK illegals
5. ACORN's budget probed in AZ

1.
New driver license legislation proposed
Debate on whether it increases or decreases security
By Zack Martin
Secure ID News, September 17, 2009

Some believe that new proposed driver license legislation would help states better secure IDs while also protecting citizen privacy. Others say it “guts” an existing law and takes states back to pre-9/11 identity vetting for IDs.

A hearing held in the U.S. Senate Committee on Homeland Security and Governmental Affairs on the proposed bill called the Providing Additional Security in States’ Identification (PASS) Act of 2009. Testimony revealed very different takes on the bill that would basically roll back, REAL ID. It’s not clear how the proposed change would impact states already complying with REAL ID and rolling out new documents. Even with this new bill looming, some states are still moving ahead to comply with REAL ID.

“The major problem with REAL ID is that it is producing very little progress in terms of securing driver’s licenses, and it is not getting us to where we need to be,” said Janet Napolitano, secretary of the U.S. Department of Homeland Security. “Simply put, REAL ID is unrealistic.”

Citing the almost $4 billion estimated price tags for states to switch to REAL ID and unfeasible deadlines, Napolitano offers up PASS as an alternative. Napolitano, when she was governor of Arizona, had signed a law against REAL ID.

“PASS ID is a critical piece of national security legislation that will fix the REAL ID Act of 2005 and institute strong security standards for government-issued identification,” she said. “PASS ID will fulfill a key recommendation of the 9/11 Commission, that the federal government set standards for identification such as driver’s licenses and non-driver identification cards–and this bill will do so in a way that states will implement, rather than disregard. PASS ID will enact the same strong security standards set out by REAL ID as quickly as REAL ID but, critically, this bill provides a workable way to get there.”

Napolitano said that PASS ID keeps document verification and authenticating of source documents, advocates the physical security of ID production, requires that photos of applicants be taken and still has the requirement to show compliant IDs. “All in all, PASS ID would match the security provided in REAL ID, while providing the states with more flexibility to innovate and meet the standards,” she said.

How does it differ from REAL ID?

The major difference is that PASS ID gives states different options to meet the criteria. “While REAL ID mandates electronic verification for all source document information, PASS ID would maintain a focus on ensuring the authenticity of identity source documents that applicants present, allowing states to adopt cost-effective ways to achieve or exceed that threshold,” Napolitano said.

Since states would be able to choose how to verify identity there would be some cost savings, Napolitano said. The bill would also codify state grants for driver licenses and speed up implementation.

“States would have one year after the issuance of final DHS regulations to begin issuing compliant documents, and would have five years from that date to enroll driver’s license holders as they see fit,” she said. “The REAL ID deadline for completing issuance of compliant driver’s licenses is December 2017. If Congress enacts the PASS ID Act as it is currently written by October 2009, states could complete enrollment by July 2016, a full one year and five months ahead of the REAL ID timetable.”

PASS ID potentially rolls back one key requirement of REAL ID, checking other states to see if an individual has multiple licenses. Napolitano andothers say this was cause for privacy concerns. “PASS ID would not require stat es to provide direct access to each other’s driver’s license databases; in fact, the bill contains protections against creating any national identity database containing all driver’s license information and requires states to adopt adequate procedures to prevent unauthorized access to or sharing of personally identifiable information,” she said.

Opponents see PASS ID as a weak substitute for REAL ID

But what Napolitano sees as privacy protection others see as a security issue. The proposed legislation would basically take driver licenses to where they were before 9/11, says Janice Kephart, a member of the 9/11 Commission and director of national security policy at the Center for Immigration Studies. “It guts the key element of the 9/11 Commission in regards to driver licenses, which is ID verification,” she says. “PASS ID pulls the plug on people proving who they are.”

Cutting out identity verification isn’t the only aspect of PASS ID. Kephart says the bill was put together by the National Governors Association and Napolitano.

The bill creates a new grant process for states to get funding for driver licenses, Kephart says. The new grant process doesn’t require states to account for the funds doled out. Also, if states decided to hook into federal databases to check Social Security numbers or passport information the states wouldn’t have to pay for the access. “The way it’s written it’s a windfall for the states,” she adds.

The bill would also freeze minimum driver license security and ID standards for states to where they are now, Kephart says. “It’s about creating an appearance of security without any real security.”

But the biggest issue is still the lack of identity verification, Kephart says. The bill would not require states to store a photo, check birth records, Social Security numbers or passport numbers. “There’s no cross checks to make sure people don’t have multiple licenses in different states,” she says. “The bill pulls back on all significant areas of identity verification.”

Kephart contends that the bill would also remove the REAL ID stipulation that individuals could not board airplanes without compliant identification. “You still have to take your shoes off at the airport but the bill says no person shall be denied solely by not showing an ID or driver license,” she says.

There are some questions as to whether the bill will get anywhere in Congress. It has been shopped around since Barack Obama was elected, but it took some time before it was submitted in the Senate, suggesting there may be questions as to whether it can pass. “As much as the Senate has not liked REAL ID I don’t think any senator wants to be pinned with rolling back a 9/11 Commission recommendation,” Kephart says.

The bill has received White House attention from Rahm Emmanuel, Obama’s chief of staff, but the administration has its concerns. “The bill doesn’t have the support the administration wants,” Kephart says. “It took so long for submission because they were trying to get members signed on.”

For this and other reasons it’s more likely that REAL ID will get amended, Kephart suggests. The extent of any amendments, however, aren’t clear.
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http://www.secureidnews.com/2009/09/17/new-driver-license-legislation-pr...

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2.
Groups get $1.2M to help people become US citizens
The Associated Press, September 17, 2009

Dallas -- Federal immigration officials on Thursday awarded a Dallas group and 12 other organizations around the country $1.2 million in grants to help legal residents become U.S. citizens.

Citizenship and Immigration Services awarded $100,000 to Catholic Charities Immigration and Legal Services. It wasn't immediately clear how much money was awarded to the other groups, but the agency said they could apply for up to $100,000.

The announcement coincided with Constitution Day and Citizenship Day.

The agency said the money goes to increase the number of people served by programs that help green card holders improve their English skills, learn about U.S. history and government, and prepare for the naturalization process.

The funds can only be used to provide direct services to immigrants with legal status in the country.
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http://www.seattlepi.com/local/6420ap_tx_citizenship_grants.html

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3.
S.F. crack case highlights immigration dilemma
By Jaxon Van Derbeken
The San Francisco Chronicle, September 18, 2009

San Francisco -- A Honduran immigrant accused of selling crack in the Tenderloin went on trial Thursday in San Francisco, with his attorney telling the jury that human traffickers had forced his client to sell drugs under threat of his life.

The case of Rigoberto Valle, 23, puts District Attorney Kamala Harris in a potentially awkward position. On the one hand, she has been vocal about her emphasis on prosecuting human traffickers. On the other, Harris - a candidate for state attorney general - has also been vocal in support of cracking down on drug sales in the Tenderloin.

The prosecution of Valle also raises the volatile issue of illegal immigrants engaged in drug sales. Supporters of the city's sanctuary efforts say many immigrants are the victims of drug cartels and forced to sell once they are brought here.

Valle is subject to possible deportation after his trial, regardless of whether he is convicted, because authorities believe he is in the country illegally.

Prosecutor Richard Hechler, in his opening statement, told the jury that Valle was guilty, plain and simple. He said Valle sold two rocks of crack to an undercover officer on June 4 at Larkin Street and Golden Gate Avenue.

"This case is a sale of a controlled substance, crack cocaine, by that gentleman, that night," Hechler said.

Valle's attorney, deputy public defender Hadi Razzaq, told jurors that his client is a victim who was brought to San Francisco by smugglers after a grueling journey by freight car and desert hike. Once here, he was ordered to sell drugs or be killed, Razzaq said.
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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/17/BAHU19NHSC.DTL

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4.
Community college board OKs illegal immigrant enrollment
The WRAL News (Raleigh), September 18, 2009

Raleigh -- The North Carolina Board of Community Colleges voted Friday to allow illegal immigrants to enroll at the two-year colleges. The board's committee voted the same way Thursday.

Lt. Gov. Walter Dalton was the only board member to vote no on Friday.

"These are extremely difficult economic times that require tough choices," Dalton said. "People are losing their jobs. Unemployment is at its highest since the great depression. These are the times when North Carolinians are turning to their community colleges for workforce retraining. Yet, in order to balance the budget, we have already had to raise tuition, cut programs, and reduce access. Now is not the time to increase the demands on our already overburdened community college system."

Under the new policy, students who aren't in the country legally but who graduated from a U.S. high school would have to pay out-of-state rates of about $7,000 a year. Also, lawful U.S. residents would have priority to crowded classrooms.

The country's third-largest community college system has changed its illegal immigrant admission policy four times since 2000. The latest look comes as laid-off workers fill classrooms.

Although the policy committee had little discussion of the proposal before unanimously approving it, about two dozen protesters gathered outside the Community College System offices to complain loudly about the plan.

"This is a very difficult economic time, where the focus and priority needs to be on suffering, innocent American families, not families that broke into our nation," said William Gheen, president of the Americans for Legal Immigration Political Action Committee.
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http://www.wral.com/news/state/story/6029416/

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5.
Arpaio: ACORN using federal money in immigration fight
By Mike Sunnucks
The Phoenix Business Journal, September 17, 2009

Maricopa County Sheriff Joe Arpaio is subpoenaing records from the ACORN community activist group saying is could be using government funds meant for housing and social services to wage a campaign against his immigration enforcement.

The sheriff’s office seeking information regarding the group’s involvement with Arpaio critics on Melendres v. Arpaio, a case brought by a Mexican national claiming he was unfairly treated and the victim of racial profiling by deputies.

“I believe the organization used state and federal funds meant to help poor people to conduct a campaign against me and my officers,” said Arpaio in a statement. “These records will show, I believe, that ACORN is in bed with the anti-immigration enforcement organizations, which continue to demonstrate in front of my office trying to thwart my officers from enforcing state and federal law.”
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http://phoenix.bizjournals.com/phoenix/stories/2009/09/14/daily70.html