Archive for the ‘legislation’ Category

c/o Floridians Against Real ID

“We are working on a Senate companion. Thanks to everyone that has promoted this bill in concept, and also Rep. Ahern for filing it. PLEASE ask your legislators to co-sponsor it, and let your neighbors know relief is on the way- but only if it passes. The current law affects Democrats, Republicans, and Independents alike- it is not the usual partisan issue.”

Chris Comisac, Captiolwire
c/o NVCCA

A Senate committee on Wednesday unanimously reported out a bill to block Pennsylvania’s participation in the federal REAL ID program.  This bill could be altered before getting a final Senate vote, based on concerns voiced by lawmakers before the final committee vote.

Senate Bill 354, sponsored by Sen. Mike Folmer, R-Lebanon, would exempt Pennsylvania from having to comply with the provisions of the 2005 federal REAL ID law, which established new mandates on states regarding the distribution of drivers’ licenses.

According to the federal Department of Homeland Security, regulations created pursuant to the REAL ID Act set minimum standards for state-issued driver’s licenses and identification cards. The law sets standards for information and security features that must be incorporated into each card; for application information to establish the identity and immigration status of a person before a card can be issued; and for physical security at facilities where driver’s licenses and applicable identification cards are produced.

While the department and the law’s supporters maintain this effort seeks to reduce identity theft and to help fight terrorism, others argue it makes things worse.

Opponents of the federal effort have called the REAL ID provisions an invasion of privacy and a possible method to abridge additional freedoms currently enjoyed by Americans.

Sen. Bob Mensch, R-Montgomery, said during Wednesday’s meeting that two consecutive presidential administrations have failed to appropriately address the nation’s immigration issues, “and yet the federal government turns around and says ‘we want to document those of you who are here legally.’”

“I just don’t like the notion that they want to document us, and control – and perhaps even limit – our ability to move through the country,” added Mensch.

Folmer said the federal government is overstepping its authority.

“We need to say ‘we have 10th amendment rights in this state, you [the federal government] shouldn’t be doing this, you have no business doing this and we’re saying no in PA,’” said Folmer, majority chairman of the committee, referring to U.S. Constitution’s principle of federalism.

That part of the Bill of Rights provides that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states or the people.
Folmer also called the federal act an unfunded mandate on the commonwealth at a time when Pennsylvania already faces a huge deficit.

But it is a federal law, and one, unless it is repealed or invalidated, with which states have to comply, said a few senators.

“I wish the federal government would not have done this, I think it’s wrong,” said Sen. Pat Vance, R-Cumberland, “I wish they wouldn’t [have done it], but they did – that’s the point.”
Vance initially said she couldn’t support Folmer’s bill as long as the REAL ID act is a federal law.

Both Folmer and Mensch said when the federal government does something it shouldn’t, states should object to the federal actions.

“When federal laws are passed that aren’t right, and we just continue to comply to them, when is it going to end?” asked Folmer. “We have a duty, I think, to do this.”

“When the federal government is wrong, I think it is the duty of each state to say to the federal government ‘Hey, you’re wrong, let’s stop doing this foolishness,’” said Folmer.

He said if enough states push back against the federal law, the effort could convince the federal government to rescind it.

Vance and others, noting their objection to the federal law, explained their primary concern is what would happen to Pennsylvanians if the state refuses to comply and federal officials don’t abandon the REAL ID effort.

“If we do pass this [bill] in Pennsylvania, what happens to the [federal] requirement that we would need to have these identification cards to board commercial flights, to go into federal courthouses, etc.?” asked Vance.

Committee staff said it was their belief that other alternative identification options would be allowable under the federal law.

“But if that doesn’t happen, how do we board planes and go into [federal] public buildings?” Vance again asked.

“I want to make sure we’re not penalizing the citizens in the commonwealth, right now, who won’t be able to board a plane or go into a [federal] building” if the federal requirements aren’t waived or invalidated, she said.

“I think it [the Folmer bill] bears further discussion once it comes out of committee because I think there are serious concerns, and I think Sen. Vance has voiced some of those,” said Sen. Edwin “Ted” Erickson, R-Delaware.

Sen. Lisa Baker, R-Luzerne, asked if it would be appropriate to insert language into the bill that would address Vance’s concern.Hearing the senators’ concerns, Folmer assured Vance he would work with her to develop something to address her concerns.

“I understand your concern,” said Folmer. “I would not want to hurt anyone down the road.”
Vance said given Folmer’s commitment to her, she would support reporting the bill from committee.

Before the final vote, the committee unanimously amended the bill in response to a request by the state Department of Transportation.

According to Folmer, the department expressed concerns that without changes, Senate Bill 354 is written so broadly that it would prohibit the department “from complying with any provisions of the Real ID law, including the department’s existing fraud deterrent measures and ongoing procedures to reduce fraud and identity theft.”

Similar legislation was approved by the Senate last session, but the session ended before the bill received a vote in the state house of Representatives. In 2008, the House approved a similar bill, but it didn’t get a vote in the Senate.

If the bill becomes law, Pennsylvania would join [at least]16 other states that have enacted such laws.

c/o Vancouver Sun 


http://www.vancouversun.com/multimedia/video/embedded.html?v=FfMz_WJ3ewGDqvrAlzbQjjrAMjyoHjnU&z=/story&s=vancouversun.com&sa=canvancouver&WIDTH=311&HEIGHT=300


Video Link

TORONTO — The Ontario government secretly passed legislation giving police sweeping new powers for the duration of the G8 and G20 summits, enabling authorities to arrest anyone who refuses to furnish identification and submit to a search while within five metres of a designated security zone in downtown Toronto.

Critics reacted furiously to the new rules, which remained unpublicized until Thursday when a man, 32, was arrested in Toronto for refusing to show ID to police.

New Democrat MPP Peter Kormos said Friday the provincial Liberals created a “Kafka-esque” situation where people could be arrested for violating rules they didn’t know existed.  :::MORE HERE:::

OUR VIEW: Down the slippery slope to a national ID card

Getting a license to drive is a rite of passage for Indiana teenagers.

It used to be so easy. Get a learner’s permit, take a driver’s education course, wait 30 days after turning 16 and you can drive anywhere, at any time, with anybody.

Not so anymore.

Indiana teens are now issued a probationary license that restricts driving hours and who can ride in the car. A full license is issued at age 18.

That’s all done in the name of safety, of course. That’s tough to argue against.

But a misguided proposal being floated in Congress would take away states’ ability to regulate issuing licenses.

It’s another example of our benevolent federal government deciding yet again that one size does, indeed, fit all. The feds believe that only this new legislation can protect us from ourselves, despite the fact that all states except North Dakota already place restrictions on teen drivers.  ::: MORE HERE:::

BTC –  Next week members of the House and the Senate will be hearing from broad based coalitions about the effort to stop the continuance of national ID card programs.

THE STATUS QUO

The Real ID law is still in place.  E-Verify has been adopted in whole or in part by some states.  The TWIC card is considered a success with the regulated transport industry by some lawmakers. The American public has been asked to support a milder version of a Real ID in the PASS ID legislation; which also did not pass the 4th Amendment test.  Sides for and against it are in a stalemate due to State laws passed against the Real ID Act, privacy and national security concerns. And finally we are now asked to give up our privacy and produce yet another form of national identity mandated in Comprehensive Immigration Reform: a biometric worker card.

There have been many strong attempts to repeal Real ID and ban national identity. There is the perennial HR 220 – a comprehensive ban on all forms of national ID introduced every session since 2003, authored by Representative Ron Paul.  In 2009 Rep. Cohen introduced HR 3471, which would effectively repeal the Real ID Act and replace it with a negotiated rulemaking process.

The passage of SB 1070 in Arizona opened a pandora’s box of problems associated with racial profiling, nativist identity and forsaking common sense American Constitutional values for “Your Papers Please!” It snapped the knob off at high volume for border security concerns and anti-Mexican frustrations began to boil over. The law burns gun owners and other American citizens now risk running into escalated problems with law enforcement. The law also muddles lines positioning local police to enforce federal immigration laws, leaving the police departments vulnerable to financial bankruptcy from successive lawsuits based on enforcing immigration law.

Constituents living in States who passed laws or resolutions opposing national ID card programs are considered “the silent majority” by friendly lawmakers.  This is why it is important to speak up now and make yourself heard.

Don’t fail America’s future by staying silent now.  Please take time now to find your congressional leaders @ Congress.org .  Unless you speak up, you will live with some version of “Your Papers Please!”

To follow is a variety of different action alerts produced and supported by a broad coaltion effort.

c/o OpEdNews

Immigration and REAL ID: Remember where you heard this
c/o Downsize D.C.


What happens in Arizona stops in Arizona 
c/o ACLU 

THIS WEEK ON WAKING UP ORWELL
PODCAST: Inside Edition with AZ Republic’s, JJ Hensley

DIY GOVERNMENT: Help Nevada fight for their rights for a free identity.
http://www.aclunv.org/category/issue/privacy/realid-redux

In this weeks news: Gizmodo’s controversial status, their many legal assists and details on “iPhonegate”, pay-to-say in Wisconsin, Red-light scameras fold and how to deal with Facebook and the EPIC amount of privacy violations due to Instant Personalization.

This week we are joined by Public Safety reporter JJ Hensley. We covered detention of US citizens since the passage of SB 1070, the now infamous Arizona law requiring citizens to show their “papers” to law enforcement on demand.

BTC- 4:00 PST – We just had an update from vlogger 4409 out of Scottsdale, AZ who reported that this statute includes immunity to criminal justice retaliation against wrongful arrest and conviction by police when they are performing arbitrary terry stops in search of illegal immigrants. This is a really bad bill. It has rolled up the agenda to try national identity and a checkpoint police society in one fell swoop.

Real ID up for a vote in Arizona house
c/o Campaign for Liberty

A true anti-freedom bill, an Arizona version of REAL ID, is to be voted on in the Arizona House of Representatives by the Committee of the Whole (COW, in other words the full house) TODAY, WED, MARCH 17, 2010.

Do not be fooled by the title, or even the good intentions of the bill or its sponsors, this is BAD for freedom, Arizona, and the country. Do not be fooled by their platitudes of opposing REAL ID, National ID, or whatever other name they try to hide it behind.

Short version: among other serious problems, this bill allows a LEO to detain a law abiding American indefinitely whom they cannot verify via US Dept Homeland Security, with full indemnification for the LEO and his/her agency.

Papers Please.

The areas of concern are indicated below in red font and underlined.

And remember exactly how low the court’s have deemed “reasonable” suspicion to be.

Taken from the bill language found here
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/bills/hb2632p.htm
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/bills/sb1070s.htm

Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 8, to read:

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS

11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification

A. No official or agency of this state or a county, city, town or other political subdivision of this state may adopt a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

B. For any legitimate contact made by a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made to determine the immigration status of the person. The person’s immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c).

ANALYSIS:

How do you know if some is illegal?

The only way to verify if someone is here legally is to check their immigration
status.

How do you check?

This is described further in this bill below. I will highlight red .

What is 8 USC 1373c?

http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001373—-000-.html

c. The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

C. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or assessment of any fine that is imposed, the alien shall be transferred immediately to the custody of the United States immigration and customs enforcement or the United States customs and border protection.

D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who is unlawfully present in the united states and who is in the agency’s custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.

E. A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States.

F. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

Analysis:

Read the above carefully.

There is NO RESTRICTION for ANY government official ANYWHERE in the state of Arizona for checking national id except for the specified purposes below. So, let’s look at those……..

1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.

Analysis:

Any government official anywhere in Arizona may check EVERYONES “immigration status” (i.e. national id data profile) for ANY benefit, service OR LICENSE (this is REAL ID/national id!) Again, how do you check immigration status? You get the ID of the person and run it against “immigration” (i.e. Department of Homeland Security REAL/PASS ID databases.)

2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.

Analysis:

The above describes a domicile/address data reconciliation process with the US Department of Homeland Security (“immigation”) for EVERYONE’s home, legal or illegal!

For example, among many other things, this would create a positive link between drivers’ license addresses, one’s home and 4473 forms which you fill out when you buy a gun. Among other things, such as improving the integrity of the drivers license as a national id, it creates a gun purchase registration capaibility at the federal government level.

3. Confirming the identity of any person who is detained.

Analysis: note the above in conjunction with an analysis comment below

4. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and Nationality act.

G. A person may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order any of the following:

1. That the person who brought the action recover court costs and attorney fees.

2. That the entity pay a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.

H. A court shall collect the civil penalty prescribed in subsection G and remit the civil penalty to the department of public safety, which shall establish a special subaccount for the monies in the account established for the gang and immigration intelligence team enforcement mission appropriation. Monies in the special subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.

I. A law enforcement officer is indemnified by the law enforcement officer’s agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.

To contact your State Rep: http://www.azleg.gov/MemberRoster.asp?Body=H

BTC Exclusive – Language to HB 234, Utah’s state bill to opt-out of Real ID, was amended recently as a concession to gain Gov. Herbert’s signature. The amendment, authored by Senator Margaret Dayton, limited the state bill’s ability to prohibit all future national identity programs from consideration in the State of Utah. Future federal identity legislation, like the proposed Schumer-Graham bill to approve national biometric worker ID cards, would not be excluded from considerations in the amended version of the bill.

The bill, if passed as amended, would close the door on any future implementations or benchmark compliance movements in Utah. The issue of license benchmark compliances were debated during the bill’s passage through the House, according to sponsor Rep. Stephen Sandstrom. Citizens opposed to Real ID and similar legislations balked at some of the bill’s language, doubting the bill’s ability to stop incremental movements forward to implement the use of RFID and subsequent databases.

“There is nothing in the current [license] code to [move forward with RFID, databases], ” said Sandstrom, who says the bill would opt-out Utah of any future compliance with the Real ID Act, but not of future programs involving national identity.
License holders who possesss cards which comply in part with the Real ID Act program will not have to return to the DMV to get a different license once the bill is passed. For instance, Utah license holders with benchmark compliant bar codes won’t return to long lines to renew or replace licenses for new IDs without barcodes. Utah licenses with the barcodes also won’t be moved to the next step of being incorporated into a national to international database aggregate set forward by the Real ID program.

Associated Press – February 18, 2010 7:45 PM ET

SALT LAKE CITY (AP) – State agencies would be forbidden from complying any further with the federal Real ID Act under a measure the Utah House has approved.

The move could mean that the state’s residents won’t be able to board airplanes or enter federal buildings in the future.

The Real ID Act was launched after the 2001 terror attacks to make driver’s licenses more secure, so that eventually all driver’s licenses would have several layers of security features to prevent forgery.

Rep. Stephen Sandstrom, an Orem Republican, contends those security features could eventually lead to the government tracking its citizens.

House Bill 234 was approved 68-3 on Thursday. It now advances to the Senate.