DEBATE: Do we need a biometric worker card?

>>>OF NOTE: Ed Hasbrouck on "mission creep" of Social Security cards and national ID

BTC - The Op-Ed wars have begun. Narratives are blazing to address a recently proposed immigration bill containing the blanket issuance of a national biometric worker identification card . The opposing groundswell amplified after Chris Calabrese, an ACLU watchdog, barked late yesterday to an announcement of the Hill's next political science project: immigration reform. Based on everything we've seen and heard, it's already time for the Senate to go back to the lab.

It is official. President Obama has staked out the immigration issue for the next milestone of his adminstration as the Healthcare distraction ceases. In a letter released this week, he seems to be optimistic about the bipartisan support framework and is gearing up to address the U.S. immigration debates.

AN "Immigrant Treatment" BILL

The "comprehensive immigration reform bill" has no name to speak of. This leads us to our conclusions about its experimental nature. Since we know biometrics (pictures and fingerprints) alone do not determine statehood, nationality or American citizenship; what does their biometric system prove to the American worker?

This bill is a crackdown everywhere of everyone who has to earn a living. Everyone gets the immigrant treatment. Especially, if you're an indebted working American stiff with four forms of legal identity already.

Worst case scenario: you are arbitrarily arrested for not proving your citizenship on the spot and sent to an ICE/DHS detention center. That makes a buck for the same people who profit from privatized prisons, who profit from criminal justice, prison labor and who profit from monetized debt, liquid credit and poverty [i.e. Bail Bonds and instant credit]. At the very least, you will pay the State to ensure that you stay out of jail. Yes, you pay all the fees and fines and do all the public service necessary to clear away any criminal record. This creates a solid resource and revenue stream for the State. Citizens simply have to pay through the nose to stay above board as good law abiding citizens. Either way, your fingerprints and your face are part of a new biometric worker database at the DMV. So America's private workers join State workers, prisoners and immigrants undergoing scrutinies where their body images are concerned. Oh yeah, and the biometrics industry gets a buck too.

Afterall, we know how hard life is for people with criminal records. They can't get real jobs. They lose a lot of their rights as citizens. They don't get to vote. They can't really hang onto much of anything. They end up doing the low wage scut jobs no one wants in America just to survive. HEY! Aren't those jobs being done by immigrants?

You may want to compare this bill to a practical and less political bill co-sponsored by Senator Graham and Sen Schumer. The AgJOBS bill is an example of a bridge attempt to issue "blue cards" to migrant workers. It seems moderate enough, to be a solid proposal co-sponsored by Senators Chuck Schumer and Lindsey Graham. It actually deals with immigrant workers present in the United States in a fairly non-circuitous, uncomplicated path. It stays away from jails, indefinite immigrant detentions and rights of laborers in America.

THE ACTUAL DEBATE

Just for chuckles lets look at the debate arguments directed at the public right now asking for your consent to choose this system.

IN FAVOR OF COMPREHENSIVE NATIONAL IDENTITY TO WORK

The right way to mend immigration by Charles Schumer and Lindsey Graham

We would require all U.S. citzens and legal immigrants who want jobs to obtain a high-tech, fraud proof Social Security card. Each card's unique biometric identifier would be stored only on the card; no government database would house everyone's information. The cards would not contain any private information, medical information or tracking devices. The card would be a high-tech version of the Social Security card that citizens already have.

OPPOSED OF COMPREHENSIVE NATIONAL IDENTITY TO WORK

Why not do it without the national ID? by Jim Harper, Cato Institute

In an earlier post, I called Senator Graham’s support of Schumer’s national ID plan inexplicable (before taking a stab at explaining it). Seeing the outline of their entire proposal, which would alleviate various pressures and begin a welcome transition back toward the rule of law in the immigration area, I am truly at a loss to understand why they would attach this grauitous and punitive plan to force law-abiding American citizens into a biometric national ID system.

The alarm sounds for Arizona national ID, police checkpoint bill

BTC- 4:00 PST - We just had an update from vlogger 4409 out of Scottsdale, AZ who reported that this statute includes immunity to criminal justice retaliation against wrongful arrest and conviction by police when they are performing arbitrary terry stops in search of illegal immigrants. This is a really bad bill. It has rolled up the agenda to try national identity and a checkpoint police society in one fell swoop.



Real ID up for a vote in Arizona house
c/o Campaign for Liberty

A true anti-freedom bill, an Arizona version of REAL ID, is to be voted on in the Arizona House of Representatives by the Committee of the Whole (COW, in other words the full house) TODAY, WED, MARCH 17, 2010.

Do not be fooled by the title, or even the good intentions of the bill or its sponsors, this is BAD for freedom, Arizona, and the country. Do not be fooled by their platitudes of opposing REAL ID, National ID, or whatever other name they try to hide it behind.

Short version: among other serious problems, this bill allows a LEO to detain a law abiding American indefinitely whom they cannot verify via US Dept Homeland Security, with full indemnification for the LEO and his/her agency.

Papers Please.

The areas of concern are indicated below in red font and underlined.

And remember exactly how low the court's have deemed "reasonable" suspicion to be.


Taken from the bill language found here
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/bills/hb2632p.htm
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/bills/sb1070s.htm



Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 8, to read:

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS

11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification

A. No official or agency of this state or a county, city, town or other political subdivision of this state may adopt a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

B. For any legitimate contact made by a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made to determine the immigration status of the person. The person's immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c).

ANALYSIS:

How do you know if some is illegal?

The only way to verify if someone is here legally is to check their immigration
status.

How do you check?

This is described further in this bill below. I will highlight red .

What is 8 USC 1373c?

http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001373----000-.html

c. The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

C. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or assessment of any fine that is imposed, the alien shall be transferred immediately to the custody of the United States immigration and customs enforcement or the United States customs and border protection.

D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who is unlawfully present in the united states and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.

E. A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States.

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 of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

Analysis:

Read the above carefully.

There is NO RESTRICTION for ANY government official ANYWHERE in the state of Arizona for checking national id except for the specified purposes below. So, let's look at those........

1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.

Analysis:

Any government official anywhere in Arizona may check EVERYONES "immigration status" (i.e. national id data profile) for ANY benefit, service OR LICENSE (this is REAL ID/national id!) Again, how do you check immigration status? You get the ID of the person and run it against "immigration" (i.e. Department of Homeland Security REAL/PASS ID databases.)

2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.

Analysis:

The above describes a domicile/address data reconciliation process with the US Department of Homeland Security ("immigation") for EVERYONE's home, legal or illegal!

For example, among many other things, this would create a positive link between drivers' license addresses, one's home and 4473 forms which you fill out when you buy a gun. Among other things, such as improving the integrity of the drivers license as a national id, it creates a gun purchase registration capaibility at the federal government level.


3. Confirming the identity of any person who is detained.

Analysis: note the above in conjunction with an analysis comment below

4. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and Nationality act.

G. A person may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order any of the following:

1. That the person who brought the action recover court costs and attorney fees.

2. That the entity pay a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.

H. A court shall collect the civil penalty prescribed in subsection G and remit the civil penalty to the department of public safety, which shall establish a special subaccount for the monies in the account established for the gang and immigration intelligence team enforcement mission appropriation. Monies in the special subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.

I. A law enforcement officer is indemnified by the law enforcement officer's agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.

To contact your State Rep: http://www.azleg.gov/MemberRoster.asp?Body=H

NEW YORK: Internal fraud a widespread problem at DMV

BTC - If national identity has plans to go through AAMVA or the Department of Motor vehicles, the ship for secured identity has sunk before it sets sail. New York's newest example of internal fraud is not the first or the last instance of its kind in recent history.

DMV Staffers made 1$Million selling fake IDs to criminals & sex offenders

VIDEO NEWS from WSYR.com

Syracuse (WSYR-TV) - Two state employees, working for the Department of Motor Vehicles, have been arrested for knowingly using stolen personal information to issue driver's licenses to convicted felons and sex offenders.

The DMV employees allegedly had a deal with a guy known as the "License Man." Felons, sex offenders, even a fugitive featured on America’s Most Wanted, would pay him up to $10,000 to get a drivers license using someone else's stolen identity.

Robin Jones-Woodson and Glenda Hinton, two DMV employees who worked in New York City, signed off on more than 200 fraudulent licenses according to the NYS Inspector General. The ring collected more than $1 million in the scheme which has been going on for at least the past year.

An undercover officer investigating the ring, got an id after claiming he'd once been deported from the US and now was on the government's no-fly list because he was a suspected terrorist. He told the ring, he wanted to go to Pakistan, handed over some cash and walked away with a fraudulent ID.

In all, 22 people have been arrested, 7 who were involved with the production or sale of the licenses, and 15 who were customers. The two DMV workers are on disciplinary suspension and are not allowed on or inside of any property owned by the DMV.

Copyright 2010 Newport Television LLC All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

The matter of Nevada's gold starred licenses

Happy St. Patrick's Day from BeatTheChip.org

TOMORROW ON WAKING UP ORWELL

NOTE: WUO airs promptly at 9AM CST tomorrow. Stay tuned for change in air-times. Special podcasts outside of WUO will be following the latest in a "desert dash" for national identity initiatives based on immigration raids.

Arizona has a spring board for a very "Stasi feeling" legislation, discussed this morning in detail on Ernest Hancock's Declare Your Independence. According to reports, this legislation includes random terry stops of Arizonans. If you cannot prove you are a citizen on the spot with national ID or green cards you are detained for the crime of refusing to identify by local police enforcement. All of these terry stop reports go through ICE/DHS. Local coverage can be followed on the AZ Republic and FreedomsPhoenix.com .

We should have more information for you as news develops.

The matter of Nevada's gold starred licenses

What does the gold star mean and why does it matter? Tune in to this very special "Fairness Doctrine" program featuring the advocates and administrators closest to Nevada's trials and tribulations to nationalize their drivers licences. We will be speaking with Nevada DMV Public Information Officer, Tom Jacobs and Rebecca Gasca with the ACLU of Nevada.

ACTION ALERT UPDATE : Tell Washington you don't want biometric ID cards to work in America

>>> CALL CONGRESS NOW!!!

A BTC ACTION PREROGATIVE - We need to keep pressing our point of view towards Senate and congressional leaders who have not reconciled with constituents when national IDs are not an item you are willing to accept as law. [It's something that will cause you to lose elections, Lindsey Graham. South Carolina doesn't care for any national ID.]

CAN YOU PROVE YOU'RE NOT A TERRORIST?

We contributed a modified version of Downsize D.C.'s action alert to OpEd news which is now equipped to reach the media and to send direct correspondence to congressional leaders in D.C. If you haven't sent your letter against the push for biometric worker cards, or simply want to say it again any way you can, use this link to give your 2 cents. Some readers are at a veritable comfort level with Downsize D.C.'s Educate the Powerful engine, which is still available for interactive use with leadership.

TELL WASHINGTON YOU DON'T WANT BIOMETRIC ID CARDS

TO WORK IN AMERICA

You can add additional information and insights gained straight from the Huffington Post:

ID Cards are Obsolete Technology

Before we become too enamored of the concept of ID documents of any sort as a form of security, or fearful that any other technology will be abused, we must ask two questions, how we prove who we are to each other when we need to do so, and how to do that without impinging on the right to live our lives without a sense of being monitored and overseen?

:::MORE HERE:::

Addtional supplemental reading on biometrics, surveillance, and Immigration reform:

On biometrics and the politics of a national ID c/o Grits for Breakfast

Chan Lowe on life with a Florida drivers license

Are a little balance, a touch of humanity, and some common sense too much to ask of our public "servants?

MORE HERE:::Chan Lowe: The new driver's license rules c/o Salon.com

NATIONAL ID: Big Brother Graham trying to decide for you

Commentary by Elwood Sanders for Virginia Right!

The Washington Post’s Dana Milbank reports that Sen. Lindsey Graham of SC is trying to make a deal with President Obama:

Graham has provided Obama a way out of this standoff: Send KSM to a military tribunal in exchange for Congress abandoning legislation that would deny funding to close Gitmo. Next, the administration would work with Congress to create a “national security court,” which would govern how other current and future terrorism suspects can be held in preventive detention.

This was criticized rightly by Glenn Greenwald who suggested it might lead to something like Minority Report, the adaptation of the Philip K. Dick short story where the police receive telepathic indications of crime before it happens. But the real crime is having the venue of a criminal trial decided by political branches like a health care bill. Where is due process in all this? This invites intervention by the federal courts in a way injurious to the cause of justice. How would you like politicians deciding whether say you get tried by a jury or not? It’s outrageous.

Besides, Senator Graham is also involved in an intrusive effort that is more dangerous than the Dangerous REAL ID that the states beat back in an monumental political effort. It would require an ID card for all legal workers in the United States. Check this out from the New York Times:

In addition to opening a path to legal status for an estimated 11 million illegal immigrants, the bill Mr. Schumer and Mr. Graham are shaping would tighten enforcement against hiring illegal immigrant workers by creating a national biometric identification card for all workers, including American citizens and legal immigrants.

A national BIOMETRIC identification card? ALL workers? This is what the Wall Street Journal described for such an ID card:

A person familiar with the legislative planning said the biometric data would likely be either fingerprints or a scan of the veins in the top of the hand. It would be required of all workers, including teenagers, but would be phased in, with current workers needing to obtain the card only when they next changed jobs, the person said.

I once admired Senator Graham so much I sent him an email hoping he would someday run for President. But any politician who would advocate a biometric ID card for all American workers is beyond the pale of my support. “I know not what course others may take,..” the most famous Hanoverian once said, but I know my choice. As a follower of Christ, I have no choice. If Senator Graham does not repudiate this idea I will not support him for any office nor encourage others to do so.

LifeLock settles with FTC over ID theft product claims

LifeLock settles with FTC over ID theft product claims

c/o Mortgage & Real Estate News>>Dan Kaplan SC Magazine March 12, 2010

LifeLock will pay $11 million to the Federal Trade Commission (FTC) and $1 million to a group of 35 state attorneys general to settle charges that the Tempe, Ariz.-based company made false claims about its identity theft products.

The FTC contended that LifeLock's claims were "deceptive" because the fraud alerts it places on customers' credit files can only protect against certain types of identity theft, such as new account fraud, which occurs when an ID thief opens up new financial accounts by using the victim's name and Social Security number.

However, the FTC's complaint alleged that LifeLock's services do not prevent against the "misuse of existing accounts," nor do they prevent medical or employment ID theft.

Under the agreement, announced this week, LifeLock is prohibited "from making deceptive claims and required to take more stringent measures to safeguard the personal information they collect from customers," according to an FTC news release.

"This agreement effectively prevents LifeLock from misrepresenting that its services offer absolute prevention against identity theft because there is unfortunately no foolproof way to avoid ID theft,” Illinois Attorney General Lisa Madigan said in the statement. “Consumers can take definitive steps to minimize the chances of having their personal information stolen, and this settlement will help them make more informed decisions about whether to enroll in ID theft protection services.” :::MORE HERE:::