Despite protestations to the contrary from the law’s sponsor and others, this law turns the Arizona drivers license (actually any state license) into a national id.
It’s a common misconception to believe that the national id must be a card or a chip.
National ID not a card or a chip, but is the data that the federal government has on you. What the federal government has been attempting to do for many years, most notably under the Clinton administration, was to find a way to integrate all of the various data they have on American citizens into an easily searchable, easily sharable database and data exchange format.
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, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the purposes of determining eligibiltiy for any … license and for the purposes of verifying any claim of residence or domicile.
This section removes ALL restrictions from the exchange of license data between any state agency and any federal agency. This section applies to ANY PERSON. This section includes ANY LICENSE. Under this section ANY state agency may exchange ANY person’s license data with ANY federal agency without any restriction whatsoever.
This problem has nothing to do with what occurs at a police stop. It removes ALL restrictions from data exchange, including a full data dump, or including full back and forth real-time queryability, between any state license database and any or ALL federal agencies, beginning July 1, including the IRS or Homeland Security.
Protestations from the bill’s sponsor have included: “That’s not what it says.” “That’s not what it means.” “It’s not in there.”
Yes, Mr. Pearce, but that’s what the law SAYS word for word, in black and white, in 8th grade level English, no lawyers required.
Other protestations such as in this post include playing word games….
The fact that A.R.S. section 11-1051 allows for the sending, receiving, maintaining or exchanging of immigration status information with any federal, state or local agency does not in any way invoke the application of RIDA (REAL ID Act) in Arizona.
First, what does the REAL ID act have to do with it? Nothing. The REAL ID Act was a single federal program which attempted to force the state to turn over certain data to the feds. This bill turns over the same data that the REAL ID Act mandated, but does so voluntarily by the state, having nothing to do with REAL ID, but having everything to do with national id once the federal government gets their hands on the data. REAL ID here is completely irrelevant.
Second, what is “immigration status” relative to a citizens’ domicile? Or how would you verify a citizen’s eligibility for a drivers license (or any license) via exchange of that citizen’s data with the federal government? Why would you need to? Where is the limitation to the term “immigration status” in the data exchange with the federal government in checking a citizen’s domicile information with the feds or a citizen’s eligibility for a driver’s license (or a business license, or a hunting license – ANY license, remember). Nowhere. Why would the state need to do so relative to its citizens? But that’s precisely what the law enables.
The county attorney’s office goes onto state:
Subsection F states four limiting “official purposes.” If a public agent or bureaucrat cannot demonstrate that he accessed a person’s information pursuant to subsections F’s official purposes
A bureaucrat accessing the person’ s information is not at question here. Removal of all restrictions in sending law abiding citizen’s data to the federal government relevant to check the citizen’s domicile and/or eligibility for a license is.
Arizona law cannot dictate what the federal government does with law abiding citizen’s data once it is handed over to the feds. The feds, of course, will promptly put the data into whatever database they want which accomplishes their longstanding goal to implement a national id system.
Again, national id is NOT a card. It is the unique identifiers such as your name, SSN, domicile and biometric data such as your digitial photo on file with the MVD, once turned over to the feds and put into their national id database. Once the data is placed into the national id database, then your DL can be run against that national id database and is, VOILA, a national id.
And, yet, he fails to address the matter of the data exchange of law abiding citizens’ license data with “any agency” of the federal government, including Janet Napolitano’s agency, who is dying to get her hands on this information, especially gun owners’ information.
The only time the exchange of citizens’ data has ever been addressed was in the opinion that Andrew Thomas’ office wrote, linked to above, which stated it’s not REAL ID. So what? REAL ID is not the only national id program. PASS ID, BELIEVE ID, or just drivers’ license database dumps into the Homeland Security database all turn state drivers licenses into national ids…..
….but only if the state hands over the data. Which SB1070 does, willingly, of all citizens.
Russell Pearce is quoted as saying, “If we don’t turn over all of our data to the federal government, then how will be know who is SUPPOSED to be here.”
Wait a second, Senator Pearce, I thought this bill was supposed to be about who is NOT supposed to be here.
Senator Pearce, if you’re telling the truth and are against national id, THEN FIX THE LAW and prohibit the exchange of law abiding citizens’ data with the federal government.
No patriot hands over the private data of law abiding citizens to the feds, such as you have done in SB1070.
Anyone who does betrays the hard work of conservative patriots who have been fighting national ids since before the Clinton administration and since.
Fix the law before July 1. Otherwise, welcome to the leftist globalist Clintonista agenda as implemented by the right.
Gun Owners of America oppose national ids because they state that once the federal government has your drivers license data, they have enough information to track gun purchases…
“Since I need a driver’s license to purchase a gun from a dealer, BATFE would finally have its long-coveted tool to impose gun control on targeted groups — particularly under a liberal anti-gun administration. If you believe in the Second Amendment, please vote against this anti-gun monstrosity.” http://seclists.org/politech/2005/Feb/0016.html
Not to mention the fact that from the federal side of the fence, they plan on using the SAME SYSTEM to enable AMNESTY. We can’t have it both ways – to use secure ids to keep illegal aliens out and at the same time use secure ids to let them in.
Fix the law, Senator Pearce.