[North-NV-Greens] REAL ID - REAL BAD!
Bob Tregilus
bob at ocha.net
Fri Apr 15 22:48:08 PDT 2005
There is still time folks! If you have not already written your
senators about the REAL ID Act please do so now.
Please write your senators in three clicks - NOW - click here:
http://www.aclu.org/Privacy/Privacy.cfm?ID=17982&c=39
Two articles follow (one from an immigration point of view and the other
from a privacy point of view) discussing just a few of the reasons REAL
ID is bad - REAL BAD!
Bob Tregilus
in Reno
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Back Article published Apr 15, 2005
U.S. Senate should vote against ‘Real ID’ because it’s a bad proposal
“Real ID,” H.R. 418, is currently on the Senate floor and may soon be
voted on. At that time, Sens. Judd Gregg and John Sununu have an
obligation to their constituency to vote “no” on the bill that is
anti-immigration and anti-judicial review.
It infringes on the already limited rights of the immigrant community
and prevents judicial review.
A favorable vote on this bill will counteract measures already in place
through the Intelligence Reform and Terrorism Prevention Act. It also
masks the need for comprehensive immigration reform to address the
requirements of national security, U.S. businesses and families.
As a member of the Appropriations Committee, Sen. Gregg, in particular,
has the opportunity and responsibility to vote “no” and help defeat the
so-called “Real ID” bill.
The only thing “real” about this bill is that it would prevent people
fleeing persecution from obtaining asylum, grant unprecedented powers to
a federal agency, begin the process of a federal identification card,
impose guilt by association, deprive people of their day in court and
undermine our security.
Given this list of offenses to liberty, only procedural tricks explain
how the House passed this measure so quickly and why the Senate is
poised to pass it.
The “trick” here was attaching it to a “must-pass” bill - the
supplemental appropriations bill that sends money to troops in Iraq and
provides financial relief for tsunami victims.
By use of this tactic, proponents are hoping to avoid scrutiny and gain
politically by mischaracterizing it as a measure that will enhance our
security or control immigration. It does neither; it simply diverts
attention from what must be done.
Congress needs to do the right thing, and reject this measure that would:
- Prevent people fleeing persecution from obtaining relief.
People who are seeking asylum are fleeing persecution and terror. They
are already subject to more extensive security checks than any other
foreign nationals entering this country. Terrorists and others who pose
a danger to our security are already ineligible for asylum.
Congressional supporters of this bill are unable to cite a single
example of a terrorist misusing the asylum system. Passage of this bill
gives a legal basis to deny all asylum claims, including Christians
fleeing the Muslim government of Sudan or the communists of China,
political opponents of the governments of North Korea or Iran.
- Deny a day in court when the government makes a mistake
“Real ID” is a full-scale assault on judicial review. For the first time
since the Civil War, the great writ of habeas corpus would be suspended.
It will close the courthouse door to federal reviews challenging the
legality of a host of detention and deportation decisions.
Importantly, this bill will effectively eliminate the power of a federal
court to halt a person’s deportation even while that court is reviewing
a challenge to the deportation. Even the government sometimes makes a
mistake.
Habeas corpus is often the only way to get into federal court and to
have a federal judge review the government’s behavior. “Real ID” will
take away the review of government mistakes in life and death situations.
- Undermine our security.
The intelligence reform bill that Congress passed last year addressed
the concerns raised by the 9/11 Commission regarding driver’s licenses
and identity documents.
By setting federal eligibility requirements for driver’s licenses, “Real
ID” will undermine national security by pushing immigrants deeper into
the shadows and forcing many to drive without licenses.
Thus, this bill limits, rather than expands, government data about
individuals in this country. It is also the first step to a national
identification card for everyone.
Your license may say “State of New Hampshire,” but make no mistake, the
federal government would be the issuing agency.
Congress got it right when it debated and passed the Intelligence Reform
and Terrorism Prevention Act of 2004 without these ill-conceived provisions.
We urge both Sens. Gregg and Sununu to reject “Real ID,” and instead,
work on a comprehensive reformation of our immigration system.
To remain a great nation, the United States requires immigration that is
legal, safe, orderly and responsive to the requirements of national
security, businesses and families.
© 2003, Telegraph Publishing Company, Nashua, New Hampshire
----
HON. RON PAUL (R-TX)
BEFORE THE US HOUSE OF REPRESENTATIVES
February 9, 2005
HR 418- A National ID Bill Masquerading as Immigration Reform
Mr. Speaker:
I rise in strong opposition to HR 418, the REAL ID Act. This bill
purports to make us safer from terrorists who may sneak into the United
States, and from other illegal immigrants. While I agree that these
issues are of vital importance, this bill will do very little to make us
more secure. It will not address our real vulnerabilities. It will,
however, make us much less free. In reality, this bill is a Trojan
horse. It pretends to offer desperately needed border control in order
to stampede Americans into sacrificing what is uniquely American: our
constitutionally protected liberty.
What is wrong with this bill?
The REAL ID Act establishes a national ID card by mandating that states
include certain minimum identification standards on driver’s licenses.
It contains no limits on the government’s power to impose additional
standards. Indeed, it gives authority to the Secretary of Homeland
Security to unilaterally add requirements as he sees fit.
Supporters claim it is not a national ID because it is voluntary.
However, any state that opts out will automatically make non-persons out
of its citizens. The citizens of that state will be unable to have any
dealings with the federal government because their ID will not be
accepted. They will not be able to fly or to take a train. In essence,
in the eyes of the federal government they will cease to exist. It is
absurd to call this voluntary.
Republican Party talking points on this bill, which claim that this is
not a national ID card, nevertheless endorse the idea that “the federal
government should set standards for the issuance of birth certificates
and sources of identification such as driver’s licenses.” So they admit
that they want a national ID but at the same time pretend that this is
not a national ID.
This bill establishes a massive, centrally-coordinated database of
highly personal information about American citizens: at a minimum their
name, date of birth, place of residence, Social Security number, and
physical and possibly other characteristics. What is even more
disturbing is that, by mandating that states participate in the “Drivers
License Agreement,” this bill creates a massive database of sensitive
information on American citizens that will be shared with Canada and Mexico!
This bill could have a chilling effect on the exercise of our
constitutionally guaranteed rights. It re-defines "terrorism" in broad
new terms that could well include members of firearms rights and
anti-abortion groups, or other such groups as determined by whoever is
in power at the time. There are no prohibitions against including such
information in the database as information about a person’s exercise of
First Amendment rights or about a person’s appearance on a registry of
firearms owners.
This legislation gives authority to the Secretary of Homeland Security
to expand required information on driver’s licenses, potentially
including such biometric information as retina scans, finger prints, DNA
information, and even Radio Frequency Identification (RFID) radio
tracking technology. Including such technology as RFID would mean that
the federal government, as well as the governments of Canada and Mexico,
would know where Americans are at all time of the day and night.
There are no limits on what happens to the database of sensitive
information on Americans once it leaves the United States for Canada and
Mexico - or perhaps other countries. Who is to stop a corrupt foreign
government official from selling or giving this information to human
traffickers or even terrorists? Will this uncertainty make us feel safer?
What will all of this mean for us? When this new program is implemented,
every time we are required to show our driver’s license we will, in
fact, be showing a national identification card. We will be handing over
a card that includes our personal and likely biometric information,
information which is connected to a national and international database.
H.R. 418 does nothing to solve the growing threat to national security
posed by people who are already in the U.S. illegally. Instead, H.R. 418
states what we already know: that certain people here illegally are
"deportable." But it does nothing to mandate deportation.
Although Congress funded an additional 2,000 border guards last year,
the administration has announced that it will only ask for an additional
210 guards. Why are we not pursuing these avenues as a way of
safeguarding our country? Why are we punishing Americans by taking away
their freedoms instead of making life more difficult for those who would
enter our country illegally?
H.R. 418 does what legislation restricting firearm ownership does. It
punishes law-abiding citizens. Criminals will ignore it. H.R. 418 offers
us a false sense of greater security at the cost of taking a gigantic
step toward making America a police state.
I urge my colleagues to vote “NO” on the REAL ID Act of 2005.
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