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Kennebec Journal and Morning Sentinel Kennebec Journal Morning Sentinel
MAINE Feds grant state extension on Real ID
BY PAUL CARRIER
Blethen Maine Newspapers
Kennebec Journal & Morning Sentinel 04/03/2008

AUGUSTA -- Mainers will not face added hurdles when they try to board airplanes or enter federal buildings next month because the federal government has given the state a last-minute extension to comply with the Real ID Act.

The U.S. Department of Homeland Security announced the decision Wednesday afternoon, shortly after Gov. John Baldacci sent a letter to Secretary Michael Chertoff saying the state is willing to implement security measures that the federal government is demanding.

The Real ID Act is designed to fight terrorism by making the states' requirements for issuing driver's licenses and identification cards more uniform and stringent.

Most of the changes Baldacci has embraced, which include barring illegal immigrants from getting licenses, will require legislative approval. Lawmakers are divided on the wisdom of doing what Baldacci has proposed, partly because of concerns about protecting the privacy of Mainers if personal information is stored in government databases.

The governor stood by his decision to seek compliance with federal standards. "Our people shouldn't be penalized" because of deficiencies in Maine licensing rules, he said. "These are reasonable and responsible steps."

Baldacci's decision "buys us some time," said Secretary of State Matthew Dunlap, whose office oversees driver's licenses. But Dunlap said fundamental questions remain about the federal government's ability to safeguard privacy, and Maine is "going to have a fight with (the Department of Homeland Security) sooner or later."

Until the current stalemate ended Wednesday afternoon, Maine was the only state in the country that had yet to obtain an extension, raising the specter that the federal government would no longer accept Maine driver's licenses as valid identification for boarding planes and doing business in federal buildings after May 11.

The Department of Homeland Security had given the state until 5 p.m. Wednesday to agree to revamp its licensing practices.

Maine has a law on the books prohibiting state officials from complying with the Real ID law. Baldacci plans to ask the Legislature to ignore that ban rather than repeal it.

David Farmer, Baldacci's spokesman, said the administration is still calculating the cost of the proposed changes. But Baldacci said federal funds may be available to cover part of the cost.

In his letter, Baldacci told Chertoff he would introduce legislation Wednesday "to halt Maine's current practice of issuing licenses" to people who may be in the United States illegally.

The governor's legislation also would require that Maine use a federal database to verify the validity of aliens' residency documents; assure that aliens' driver's licenses expire when their legal status in the United States ends; and guarantee that people do not get multiple licenses or ID cards from the state.

A fifth concession -- requiring that the state take photos of license applicants at the start of the process, whether they ultimately get licenses or not -- can be implemented by the secretary of state without any changes in state law. Dunlap said he is researching the cost of doing so. The governor's plans drew a mixed reaction from state lawmakers, with some voicing opposition or support while others said they need more details.

"Why does it seem Maine is being treated differently than other states" that obtained extensions without agreeing to the changes Baldacci has proposed, asked House Majority Leader Hannah Pingree, D-North Haven.

"Like a lot of people, I have concerns about Mainers' personal information being stolen or accessed for inappropriate reasons," Pingree said.

Baldacci "is trading constitutional rights for convenience," said Shenna Bellows, executive director of the Maine Civil Liberties Union. "He's caving to fear mongering" over immigration, she said, and "inadvertently raising privacy issues that will affect all Mainers."

But Assistant Senate Minority Leader Richard Rosen, R-Bucksport, embraced the proposed changes, saying they are reasonable.

He said all of the states have a role in "shouldering some of the obligation to assure that we can rely on the safety and security of this nation."

Describing a driver's license as "a de facto ID," Rosen said it is especially important to ensure "that the licenses we issue are issued to legal Maine residents."

Republican U.S. Sen. Susan Collins said in a statement that the extension "provides welcome relief to Mainers who would have suffered tremendous inconveniences had this extension not been requested and granted."

No state should give driver's licenses to illegal aliens, Collins said, adding that she will "press for federal funding to help the state improve its law."

Democratic U.S. Rep. Tom Allen, who represents Maine's first congressional district, praised the Democratic governor for "successfully negotiating this extension," but Allen renewed his call for replacing the Real ID Act with a more workable law.

Democratic U.S. Rep. Michael Michaud, who represents the second congressional district, said in a statement that he has opposed the Real ID Act but he appreciates "the reasonable accommodations that have been made in this situation."

Travelers at the Portland International Jetport Wednesday had a range of opinions about the controversy when they were interviewed Wednesday, before the extension was granted.

Donna LaPointe of Casco, who was headed to Florida with her husband Michael to visit relatives, said she's unhappy about the demands being made by the federal government, and doesn't think the license changes will do much to deter terrorists.

"I think we should hold our ground," she said. "It's our personal freedom."

Anders Oakes of Auburn, who was flying with his wife and three young daughters to Orlando, said Maine should comply with federal requirements, in the interest of national security.

"I don't think it's a lot to ask of the state," he said. "We're either a nation, or a group of independent states. We need to work together."

Blethen Maine Newspapers staff writer Tux Turkel contributed to this story.

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