Written by Bill Crowell
New York has become the latest state to pass a law to allow illegal aliens to obtain state driver licenses. Like all laws, there are unintended consequences.
We take it for granted that a state-issued photo identification card is proof that the person pictured on it is real and has satisfied the documentary proof by some reasonable set of standards. Driver licenses are not only for driving, but are used as a de-facto photo ID for a wide variety of transactions: cashing checks, flying on airplanes, purchasing liquor and in the buying and selling of motor vehicles and real estate and buying guns.
The point of state-issued photo identification is to prevent fraud in these transactions. When I first presented myself at the Texas Department of Motor Vehicles, I had to bring all manner of paperwork to prove that I’m William Crowell: birth certificate, my US passport, my North Carolina driver license and other documents. The worker looked through them and entered data into the computer where I presume the information was validated and compared with reference databases. The fact that I walked out with a brand new, shiny Texas driver license means that I satisfied the State of Texas that I am who I say I am.
By definition, New York, and the other states that issue driver licenses to illegal aliens or undocumented persons cannot ensure that the person who has the license is who they say that they are or even how old they are. By issuing these official documents, these states are perpetrating fraud on a massive scale.
Let us take an example of how this can play out in real life. Let’s create some characters for our example:
Juan Illegal - our friendly illegal alien from NY
John Legal - just some guy here in North Carolina
Bill Notary - a random Notary Public
(The example case is set in North Carolina as I am not a Texas Notary)
Juan Illegal puts up a car for sale in the newspaper and John Legal sees the ad and wants to buy it. They get on the phone and agree on a price and meet up to make the exchange. They bring the title and sign it in front of Bill Notary. Bill Notary looks at the driver licenses of both men and records them in his logbook. Bill Notary seals the title and then John Legal sends the title into the state to receive his own title.
A few days later, the State Police come to arrest John Legal for grand theft auto and receiving stolen property because the car he just bought was reported stolen two years ago. As it turns out, the car belonged to a DIFFERENT Juan Illegal from New York and the man passing himself off as “Juan Illegal” was an imposter who had received his driver license from the State of New York under the present law.
John Legal is rightfully pissed off. He’s now in jail for auto theft and is out his money and his car and is facing prison. He hires a lawyer of his own that reviews the transaction and the lawyer sees that Bill Notary approved the transaction. He now files a civil action for Notary Fraud against Bill seeking damages and files a complaint with the NC Secretary of State against Bill.
The NC Secretary of State suspends Bill’s notary commission and opens an investigation into Bill for fraud.
Both Bill and John have been victimized by the State of New York who issued the fraudulent identification to Juan in the first place. Because of sovereign immunity, neither Bill nor John can sue the State of New York. Because John is the person arrested for theft, he will likely continue to sue Bill for civil damages regardless of his outcome. In this way, the State of New York has shifted the liability for its actions to a random notary public.
When I was a Notary Public in North Carolina, we received a document from the Secretary of State’s office informing us that Mexican State Identification Cards were not allowed to be used as proof of identification due to the wide-spread fraudulent issuance of these cards. They were identified as being ‘deficient’ and we were instructed to not accept them.
What should we do when the states are New York or California? These are states within our own country.
I doubt that the state of North Carolina has issued a ruling to its notaries to set policy that NY and CA driver licenses are ‘deficient.’ This leaves the notaries to fend for themselves.
If I was still a notary, I would make it my own policy to not accept a NY or CA driver license as proof. I cannot and should not discriminate against any class of people – say Hispanics, but I can discriminate against a class of documents. These classes are not worth the risk.
Bill Crowell is creating Political Commentary, Electrical Engineering, and Preparedness articles. Join him on Patreon for exclusive members only content - https://www.patreon.com/n4hpg