STATEMENT BY ATTORNEY GENERAL ANDREW M. CUOMO

The State of New York has determined that they will no longer require

applicants for driver’s licenses who do not have Social Security

numbers to provide a letter from the Social Security Administration

proving their ineligibility for those numbers. Legal challenges to this

policy change have been commenced. We are defending these challenges and

believe we will be successful. Our position is that this change will be

found to be within the authority of the Commissioner of Motor Vehicles.

This is not about whether Social Security Numbers (SSN) will be

required – they never were and they are still not. Instead, the

statute requires people who have SSNs to provide them. The change is

only about what documentation has to be provided by people who do not

have SSNs. Formerly, the Department of Motor Vehicles (DMV) required

such people to prove their SSN ineligibility with Federal government

documents that could not be obtained by an undocumented immigrant. Now,

an applicant will prove SSN ineligibility by affirming – under penalty

of perjury – that they have no SSN, that they are ineligible for one,

and provide the DMV with identity documents, including a current and

valid foreign passport, that support that status.

The State has determined that there are significant policy concerns

which are advanced by this policy change. Enhanced safety on the

State’s roads and reduction of automobile insurance costs are

important considerations that the State believes will be promoted by

these changes.

New York statutes give the Commissioner of Motor Vehicles the authority

to determine what documents he will accept from applicants for

driver’s licenses as proof of identity, age, fitness and SSN

ineligibility. The prior Commissioner determined that, as proof of SSN

ineligibility, he would only accept a Social Security Administration

letter of ineligibility with underlying documentation from the

Department of Homeland Security (DHS). We successfully defended that

decision in the Court of Appeals (Cubas v. Martinez, 8 N.Y.3d 611

(2007)).

In order to defend that prior practice, we argued that the requirement

of American documents was not aimed at excluding undocumented aliens or

otherwise enforcing the immigration laws, but rather it was aimed at

providing the Commissioner with verifiable documents to guard against

fraud. We presented that argument to the courts through the affidavits

of DMV officials and the majority of the Court of Appeals accepted it.

It is doubtful that the prior practice would have been upheld if the

Court had thought that the DMV was trying to enforce the federal

immigration laws.

The current DMV Commissioner has determined that he has the ability to

verify certain foreign source documents, such as foreign passports, and

he will therefore not limit applicants seeking to prove SSN

ineligibility to providing Social Security Administration letters with

DHS documentation. We will equally defend that decision in the courts of

this State.