Archive for the ‘Real ID Act’ Category

BTC – Reports came in last week, some in the form of neo-conservative opinion editorial, that States “must adopt secure drivers licenses”in accordance with the Real ID Act.   What is “secure” to one group is a standardized population control tool by another, especially when it comes to Real ID.  We’ve been here before.

Secure license groups are a constituency,  just like people who have increased their vigilance over their 4th and 14th Amendment rights.  The groups don’t go away even if legislation, like the PASS Act does.

Over the years (starting in 2005) and since the ’08 release of some rather odious regulations in the views of privacy and civil liberty advocates – not much has changed.  DHS throws money annually at an incremental program and States refuse it or face the fate of states like Florida ( also fighting in their own way).  Indiana, strangely enough, got some strokes from for taking in Real ID wholesale.  Even Wisconsin, the native state of the law’s sponsor, Rep. Sensenbrenner, came out against it.

Some claim it’s immigration – but that argument usually gets hit by the bus of US citizenship.  If you want to identify undocumented aliens, you don’t over identify Americans.  You offer them a worker card program and cut a deal with Latin America and Canada over who gets to work here.

Other states who have found some reason to turn the federal law down have inspired some to say that’s Tenth Amendment nullification at work.

WHEN IT WON’T STAY DEAD

I think this new uptick in trying to forge ahead with Real ID comes from a DHS appropriations bill.  Contractor cronies and their astroturf supporters, like Secured Drivers License Coalition, are trying like Dr. Frankenstein to jolt monetized life into a dead legislation.

 [Yes,  it’s still dead.  It’s just an undead zombie menace which needs to be ambushed by it’s opponents, hacked to pieces and set on fire.]

It’s not like genuine grassroots groups accept that as a great excuse to lay down their rights and just take their nice citizenship cards regulated by the American Stasi politiburo.. uh, I mean DHS or the police.  Well, same difference… it’s all the same people at the top of the supply chain anyway.

Let’s have some fun with it.

FUN WITH THE UNDEAD

Real ID, persistent zombie that it is, keeps climbing up out of the grave until a successive beat down commences. You should have a proper libation to soothe your frustrations for convincing feds that Real ID needs to be be-headed.

How to make a Real ID Zombie cocktail 




1 tsp sugar


2 oz light rum


1 oz dark rum



5 fruit loops – representing artificial DHS floaties trying to keep Real ID alive
1 really nasty ragged-out paper umbrella

Blend all ingredients with ice except Bacardi 151 proof rum. Pour into a collins glass. Float Bacardi 151 proof rum on top. Garnish with fruit loops, umbrella and some barfruit .



Great – now, get ready to play attack of the paper zombies.  While you’re waiting for that to download you should sponsor a Jaguar to escort the undead to their proper resting place.   Next – send a special note to your Congress person telling them to repeal Real ID …again…because it won’t stay dead unless they do.

It’s time for Real ID to get dead again.

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http://www.npr.org/v2/?i=126759966&m=126760089&t=audio

http://www.npr.org/templates/story/story.php?storyId=126759966



THIS WEEK ON WAKING UP ORWELL

DIY Government: Local city ordinances with Shahid Buttar; he is working on getting you in front of your City Council to recognize your rights to a free society in America. Check out more of their work on BORDC.org .

NEVADA’s REAL ID REVISITED: Will the process for Real ID change much now that the 120 executive order period is over? We check in with ACLU of Nevada’s, Rebecca Gasca about how their State, like many other states, is being sold little known incremental compliances while the law remains on the books.

Do you know if your being redistricted based on prisoner numbers according to the Census? Find out at PrisonerOfTheCensus.org

Watch: Pennsylvania’s Amnesty TV Ad ” We know who you are!”
http://www.youtube.com/watch?v=Ybcu2itqvEQ

You have to see it to believe exactly how Orwellian this is! Does it discourage prosperity? Yes. It makes me not want to own anything or have any property mortgaged due to government entitlements. Whatever, Government.

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

Happy St. Patrick’s Day from BeatTheChip.org

TOMORROW ON WAKING UP ORWELL

NOTE: WUO airs promptly at 9AM CST tomorrow. Stay tuned for change in air-times. Special podcasts outside of WUO will be following the latest in a “desert dash” for national identity initiatives based on immigration raids.

Arizona has a spring board for a very “Stasi feeling” legislation, discussed this morning in detail on Ernest Hancock’s Declare Your Independence. According to reports, this legislation includes random terry stops of Arizonans. If you cannot prove you are a citizen on the spot with national ID or green cards you are detained for the crime of refusing to identify by local police enforcement. All of these terry stop reports go through ICE/DHS. Local coverage can be followed on the AZ Republic and FreedomsPhoenix.com .
We should have more information for you as news develops.

The matter of Nevada’s gold starred licenses

What does the gold star mean and why does it matter? Tune in to this very special “Fairness Doctrine” program featuring the advocates and administrators closest to Nevada’s trials and tribulations to nationalize their drivers licences. We will be speaking with Nevada DMV Public Information Officer, Tom Jacobs and Rebecca Gasca with the ACLU of Nevada.

http://www.blogtalkradio.com/BTRPlayer.swf

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.

BTC – Better late than never. Downsize D.C., ever faithful in the anti-national ID fight is this weeks D.I.Y Government OPEN LETTER which is due a blog entry. Use it or lose it.

c/o Downsize Dispatch
The REAL ID Act has punished innocent Americans with red tape, higher fees, and lost privacy. Some in Congress want to add to these burdens.

Let’s stop them! Please tell Congress to repeal REAL ID and oppose any further attempts at creating a national ID card.

You may borrow from or copy this letter . . .

What is the purpose of REAL ID?

* to prevent terrorists from boarding planes, even though there are an infinite number of other ways to engage in terrorism

* to prevent illegal immigrants from getting driver’s licenses – which only increases the likelihood they will drive without ever being tested, creating more dangerous roads http://tinyurl.com/yf5r595 [GOLD STAR coverage c/o FLOGGER, Jim Harper]

Why should either (misguided) goal interfere with an American citizen’s attempt to renew a driver’s license?

REAL ID is working exactly as I thought it would. It punishes innocent Americans like me with red tape and higher fees by forcing us to “prove” we’re not terrorists or illegal immigrants.

In Florida . . .

* the driver’s license fee jumped from $25 to $48
* a woman was denied a license for failing to produce certified documentation of her first marriage, held in 1958 in Minnesota http://tinyurl.com/ykb4kud
* and a 68 year-old man’s Rhode Island birth certificate that had been used to get into the Air Force, and to get a Florida license 20 years earlier, was rejected http://tinyurl.com/ylzyhct

Nevada has also been plagued by long lines with applicants turned away. http://tinyurl.com/yzgfex3

Meanwhile, two New York DMV workers were recently arrested for selling “authentic” ID’s to criminals. http://tinyurl.com/yh7r7zm

This hardly inspires confidence that a nationalized ID system will stop terrorists and criminals from getting driver’s licenses!

And yet the Administration and Congress are considering a replacement to REAL ID, the PASS ID Act, which will make it even easier for corrupt state employees to get access to my identity documents! http://www.realnightmare.org/about/114/

In addition, Sens. Lindsay Graham and Chuck Schumer want to force all American workers to carry a biometric ID card. http://tinyurl.com/yd83dwt

In other words, to hold down a job, I would have to be fingerprinted, enrolled in a national database, and possibly tracked.

I have had it! This is America! Americans shouldn’t have to prove we’re not terrorists, or that we’re not illegal immigrants. I have the right to travel. I have the right to earn a living. I resent and reject any government program that presumes I must ask for permission.

I demand that you repeal the REAL ID Act and do everything in your power to oppose the PASS Act, the Graham-Schumer card, and all forms of national ID.

{END LETTER}

You may send your letter using DownsizeDC.org’s Educate the Powerful System.

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