Contact Information: Contact: Jill Farrell 202-646-5188
Judicial Watch Files Taxpayer Lawsuit Against New York Governor Spitzer, DMV to Stop Driver Licenses for Illegal Aliens
| Source: Judicial Watch
WASHINGTON, DC--(Marketwire - October 31, 2007) - Judicial Watch, the public interest group
that investigates and prosecutes government corruption, announced today
that it has filed a lawsuit on behalf of a New York taxpayer in the Supreme
Court of the State of New York, Suffolk County against New York Governor
Eliot Spitzer over a new policy implemented on September 21, 2007 that will
"give all New Yorkers the opportunity to apply for driver licenses without
regard to immigration status" (Staudenraus v. Spitzer, Index No. 07-33872).
According to New York State law, with respect to driver licenses, the DMV
Commissioner "shall require that the applicant provide his or her social
security number." Under the new DMV policy, however, applicants will not
have to provide a Social Security number to receive a driver license. They
must only provide a foreign passport and some secondary form of
identification, such as a lease or a copy of parole papers.
The lawsuit, filed in conjunction with the New York law firm Borovina and
Marullo PLLC, on behalf of Suffolk County resident and taxpayer James M.
Staudenraus, seeks "equitable and declaratory relief against defendants who
in the course of their official duties has caused... a wrongful
expenditure, misappropriation, misapplication, and other illegal and
unconstitutional disbursement of state funds as well as unlawful conduct in
connection with their plan to issue driver licenses to undocumented aliens
in contravention of New York's Vehicle and Traffic Law." In addition to
Governor Spitzer, the lawsuit names Department of Motor Vehicles (DMV)
Commissioner David Swartz and the New York State DMV as defendants.
According to the complaint, "There is no express language anywhere in the
VTL [Vehicle and Traffic Law] which dispenses with the requirement that an
applicant for a driver license provide his or her social security number."
Moreover, Spitzer and the DMV intend to implement the policy without
involving the New York State Legislature, and "without complying with the
rule-making requirements prescribed by the State Administrative Procedure
Act."
"Eliot Spitzer wants to use his public office to sanction illegal behavior
and put all of us at risk through his plan to give driver licenses to
illegal aliens," said Judicial Watch President Tom Fitton. "If Governor
Spitzer wants to change the rules, he has to follow the rules -- which
means going through the New York State Legislature and otherwise following
New York law."
Judicial Watch's complaint can be accessed at www.judicialwatch.org.