New York Gov. Eliot Spitzer said yesterday that his state will produce driver's licenses in compliance with the federal Real ID Act, setting up a multitiered system to accommodate legal residents and issue driver's licenses to illegal aliens.
Mr. Spitzer, a Democrat who announced the deal in Washington with Homeland Security Secretary Michael Chertoff, said New York "will usher in the most secure licensing system in the nation."
The move is a significant advancement for Real ID, which several states have rejected.
Real ID was enacted in 2005, but the Homeland Security Department is still writing final rules for the program. It will require only secure driver's licenses or nondriver's ID cards to be used for federal identification purposes, such as airport security.
It is not clear whether Mr. Spitzer's action will help him overcome political backlash after he announced that illegal aliens would be able to obtain state driver's licenses.
Immigrant-rights activists, who were encouraged by the governor's earlier announcement, yesterday said they were outraged.
"Today the governor retreated from his own policy and crossed the line to the other side," said Chung-Wha Hong, executive director of the New York Immigration Coalition.
Yet the move is unlikely to mollify those who oppose driver's licenses for illegal aliens. Illegal aliens will be able to use the state IDs to open accounts at banks willing to accept the document.
The New York Senate has passed a bill to prohibit the licenses for illegal aliens, blocking an executive order announced last month in which Mr. Spitzer said illegal aliens could show passports and other documents to prove their identity and state residency.
Legal residents can choose from two licenses: a secure license that would comply with new U.S. international travel regulations and a regular license that would comply with Real ID.
Mr. Chertoff said, "I don't endorse giving licenses to people who are not here legally, but federal law does allow states to make that choice. What we can do is insist the licenses that do not meet federal requirements be clearly so labeled. New York has agreed to do that."
Seven states have enacted laws against Real ID standards, and the American Civil Liberties Union said another 10 states have passed resolutions calling on Congress to repeal the act.
"Eliot Spitzer is acting in isolation," said ACLU legislative counsel Timothy D. Sparapani. "No other governor, Republican or Democratic, has been willing to impose such a huge tax increase on citizens and sell out their privacy for this failed program."
Congress is divided on the issue. Some lawmakers are fighting to repeal the act, but others have proposed millions of dollars to help states adopt Real ID standards.