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Posted on 06/08/2002 6:20:10 AM PDT by Valin
Limits on foreigners' licenses rejected BY ASHLEY H. GRANT Associated Press
A plan to restrict driver's licenses for temporary immigrants hit a roadblock Friday when an administrative law judge refused to let Public Safety Commissioner Charlie Weaver bypass the normal public input process for enacting new rules.
Weaver had wanted the plan approved within 14 days through emergency administrative rule-making, arguing quick action was needed to stop terrorists. Establishing new rules can take half a year or more.
But administrative law Judge George Beck rejected the request. "The immediacy of the threat, insofar as it can be addressed through drivers' licenses, has not been shown," Beck wrote in his memorandum.
Weaver's proposal would require more proof of residency from driver's license applicants, and specify that non-citizens be licensed for only as long as their visas allow them to be in the country. Licenses would be denied to foreigners who apply less than 60 days before their visas expire.
Currently, the state must grant a license to a foreigner for four years even if his or her visa expires within days.
Sara Schlauderaff, an assistant commissioner under Weaver, said the decision was disappointing but not a huge setback. The agency will consider an appeal while it moves ahead with rule-making steps it had already begun.
"We still think it's the right thing to do," she said of the license changes. "We want to protect Minnesotans as best we can as soon as we can."
Other states have made similar changes in their laws since Sept. 11, but Weaver's proposal has drawn protest from immigrant and civil liberties groups.
Minnesota Civil Liberties Union executive director Charles Samuelson wrote in a letter to state officials this week that the proposal was "unworkable" and would have a negative impact on immigrants and their employers. He added that it would do nothing to make Minnesotans safer.
Weaver's latest proposal did not include one of the most controversial provisions from his initial plan: color-coding foreigners' licenses to alert police to check their immigration status.
But the MCLU and immigrant groups also disagreed with Weaver's effort to cut short the normal rule process.
The judge agreed.
"There is no compelling evidence that this rule must be adopted now, rather than after a hearing and a public comment period," Beck wrote. "Given the nature of the rule and its impact on a large number of people, a delay in adoption, accompanied by the benefit of public input, appears to be more in the public interest than proceeding with an exempt rule."
The judge said he received several written comments objecting to adopting the rules without public comment.
The subject was debated in the legislative session that recently ended, but the House and Senate couldn't agree and took no action.
Ashley H. Grant may be reached at agrant@ap.org
Illegal aliens? What illegal aliens. :-)
Threat? What threat?
I wonder is Ashley's email reflects the standard email protocol for AP writers.
If so, perhaps we can now begin emailing other AP writers who don't include their email addresses.
Anyone know?
I don't know that it is a particularly bad thing to want government to follow normal procedures in establishing new regulations.
Secondly, do you think a terrorist cares if he has a driver's liscence or not? This is pretty much "feel good" regulation and won't prevent any terrorist act.
The jerk. What's wrong with restricting driver's licenses for new immigrants?? It ought to be NATIONAL.
...And sooooooo many people why the government doesn't seem to be making any progress toward a higher level of security in this country. Glorified lawyers are creating all the roadblocks!
If you're talking about high profile, public targets for spectacular terroristic events, you may be right. However, you would also be missing the point which is that government, regardless of where one lives, has a responsibility (one of its few responsibilities) to provide for some level of safety and order for its citizens. The point is that the protection is for a way of life and not for targets. I would argue that some of us here understand that now and more are arriving at that conclusion as time goes on.
(duh! hello..)
...Convince the power mad judges and lesser lawyers, who are always throwing monkey wrenches into the works, of that.
How many did he recieve in support, I wonder?
Ditto here. Gosh we're so inclusive, I feel all warm and fuzzy inside. Group hug everyone!
Already people having child support arrears, as determined by the no-due-process system of our family courts can be denied drivers license and all sorts of professional licenses, thereby eliminating his ability to earn any money and catch up on his arrears.
We are setting up a new class of lesser citizens. In communist Russia, they were called "refuseniks". These are people who challenge the governments violations of their rights.
First rule of staying free: Be careful what you wish for.
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