HOPE HASN'T EXPIRED YET ON LICENSE BILL STANDARDIZATION STILL A TOUCHY ISSUE.

Byline: Lisa Friedman Washington Bureau

WASHINGTON - Stopping illegal immigrants from obtaining driver's licenses may be an impossible task for Congress next year, supporters of immigration reform say.

Their pessimism stems from a recognition that the issue isn't nearly as popular on Capitol Hill as it is among some members of the public.

``This is where the American people are well ahead of their representatives,'' said Michael Franc, vice president of government relations for the Heritage Foundation, a conservative think tank in Washington, D.C.

Ensuring that only U.S. citizens and legal immigrants obtain driver's licenses tops the priority list of House Judiciary Committee Chairman James Sensenbrenner, R-Wis., in the 109th Congress.

Although he was unable to include that provision in a massive post-9-11 intelligence overhaul that President George W. Bush will sign this week, Sensenbrenner has vowed to pass the driver's license proposal and other immigration policies by early next year.

Even his most ardent supporters, however, are skeptical of his chances.

``If it wasn't important enough to put in this (intelligence) bill, what in the world is going to motivate them to do it next year?'' said Rick Oltman, Western field director for the Federation for American Immigration Reform.

The House passed the intelligence bill 336-75, with 67 Republicans voting against it.

Oltman, who lives in Marin County and has been fighting California's efforts to give licenses to illegal immigrants, blamed business interests for dampening Congress' appetite for setting national standards.

``They don't want to do it,'' he said. ``We will have to fight the battles in state capitals.''

Even Rep. Elton Gallegly, R-Thousand Oaks, who has been at the forefront of immigration reforms, recently doubted the bill's chances of becoming law.

``Sure, we can pass a bill (in the House), but what guarantee do we have the Senate is going to be with us?'' he said.

The new law orders the Department of Transportation and the Department of Homeland Security to work with states to set minimum standards for license holders, for verification of identity documents and for creation of machine-readable data.

But the law still leaves it up to states to decide who can and cannot get a license.

Under Sensenbrenner's proposal, only citizens and legal immigrants would be able to do so. Licenses for foreigners who are in the U.S. on temporary visas would expire when the visas expire.

Even if supporters of driver's license reform aren't optimistic about it passing, opponents said they aren't taking any chances.

Immigrant-rights leaders say systematic refusal to issue licenses to illegal immigrants will make highways more dangerous. They said they are mobilizing to fight the proposal.

``It's definitely something to be concerned about,'' said Joan Friedland, an immigration policy attorney with the National Immigration Law Center.

She noted, as 9-11 Commission members have, that the World Trade Center hijackers were legal immigrants who wouldn't have had trouble obtaining driver's licenses even if Sensenbrenner's measure had been in effect three years ago.

Calling it an ``unfunded mandate'' that would cost states millions of dollars, Friedland said the proposal ``turns upside down the driver's license rules throughout the country.''

Many House Democrats, meanwhile, have avoided taking firm positions on the driver's license issue.

Rep. Jane Harman, D-El Segundo, the leading Democrat on the Intelligence Committee, has said she believes states should be the ones to decide who can get a license.

And Joe Baca, D-San Bernardino, issued a statement saying ``the issuance of driver's licenses for undocumented immigrants is a valid question that deserves the full debate of the Congress.''

Meanwhile, Sensenbrenner and supporters say one of the keys to passing the measures is to cast them as national security issues - not immigration issues.

``If they are perceived narrowly to be border security provisions, they stand a much greater chance of passage than if they have broader changes to immigration law,'' Franc said. ``Congress is really not ready to tackle immigration on a massive scale.

``Immigration has become the new third-rail issue. There's a lot of citizens who have made their peace with illegal immigrants and illegal immigration. It's become ingrained in the fabric of a lot of parts of our society. To unravel it is going to be a very difficult thing.''

Franc said he was hopeful that separating the driver's license issue from emotional 9-11 reforms, along with a more heavily Republican U.S. Senate in 2005, may actually help the measure's chances next year.

At one point, he gave the bill a 50-50 chance at becoming law. But, he added, ``If you pressed me, I'd have to say 51-49.''

Lisa Friedman, [phone]

lisa.friedman(at)langnews.com

BEHIND THE LICENSE LAW

WHAT THE LAW DOES:

The secretaries of Transportation and Homeland Security will work with states and other interested parties to set minimum standards for driver's licenses.

--Together the parties will decide:

--What proof of identity is required of an applicant.

--What standards should be used to verify the documents.

--What information must be visible on driver's license.

--What standards are used to ensure cards are tamper-proof.

--States can give driver's licenses to whomever they want.

--States cannot be required to conform to a single, national design.

WHAT IMMIGRATION REFORM ADVOCATES WANT:

The Secretary of Homeland Security should determine whether states meet minimum requirements for driver's licenses. In order to meet them, states must:

--Mandate applicants show a photo ID with full legal name and address to obtain a driver's license.

--Require an applicant's proof of Social Security number or verification that the applicant is not eligible for one.

--Require valid documentary evidence of citizenship or legal immigrant status.

--Only issue temporary licenses to any applicant with: a valid nonimmigrant visa; a pending or approved application for asylum; refugee status; immigrants awaiting temporary protected status; or immigrants awaiting adjusted status.

--Only issue those temporary licenses for as long as the applicant's authorized stay in the U.S.

--Use a computer database by Sept. 11, 2005, to verify the legal status of any noncitizen applying for a driver's license.

--Refuse to issue a driver's license to anyone holding a driver's license issued by another state.

--Subject anyone who manufactures or produces driver's licenses to security clearances.

- Daily News

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BEHIND THE LICENSE LAW (see text)