KCOL's James falsely claimed New York's driver's license rule could compromise Colorado's ID verification system

Written by Media Matters Staff

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Fox News Radio 600 KCOL host Scott James falsely asserted on his September 28 show that a change in the state of New York's policy on issuing driver's licenses without regard to immigration status would enable a person to “move from New York to Colorado and say, 'Look, here's my New York driver's license,' ” and get a Colorado license. In fact, Colorado Division of Motor Vehicles rules specify that any out-of-state driver's license submitted for the application of a Colorado driver's license must be issued by a state that verifies lawful presence in the United States.

Criticizing New York Gov. Eliot Spitzer's recent policy change allowing the state to issue driver's licenses without proof of lawful presence in the United States, Scott James of Fox News Radio 600 KCOL falsely claimed on his September 28 show that “Joe Blow can [now] move from New York to Colorado and say, 'Look, here's my New York driver's license. I want a Colorado Driver's license.' ” In fact, Colorado's Division of Motor Vehicles (DMV) stipulates that any out-of-state driver's license submitted for the application of a Colorado driver's license must be issued by a state that verifies lawful presence in the United States.

From the September 28 broadcast of Fox News Radio 600 KCOL's Ride Home with The James Gang:

JAMES: New York Governor Eliot Spitzer says IDs for everybody. “Uh, here illegally? Don't matter to us. Come get a driver's license in the state of New York.” Now, remember what House Rule 1313 was all about here in the state of Colorado. It was, should we accept other states' driver's licenses as proof for, you know, validations, a legal ID for getting a Colorado driver's license. By and large, I think that's how it stands now. So everybody like Eliot Spitzer, who's out there pandering for votes or something -- this is the same guy, by the way, that as attorney general, obvious he had a huge amount of respect for the rules. Now he's saying illegals can get a driver's license in New York.

And we'll get this whole story. Here it is. And, in fact, it's not even a story. This is the three-page press release off his own website. I mean, he's pretty proud about this. Giving the illegals the driver's license there. How do we know that when you go up and say, “Hello, my name's Joe Blow and I want a driver's license.” “OK, Joe. Stand in front of here and take -- and smile.” How do we know that Joe Blow is actually Joe Blow? And now that driver's license is honored largely in every other state for an ability, for a way to get their driver's license. So Joe Blow can move from New York to Colorado and say, “Look, here's my New York driver's license. I want a Colorado driver's license.” And we say, “OK.” God, you don't think this is an issue? Eliot Spitzer. What a -- don't even get me started on that guy. We have a personal bone. He was a big payola, plugola guy, which is this -- yeah, seriously against the law. But he was attacking the mean, evil Clear Channel. And he rode that all the way and into office too.

Contrary to James' assertion, the Colorado DMV's rules for “Proof of Identity, Age, Residency, and Lawful Presence in the Application for Driver License or Identity Card” state that the required elements for obtaining a Colorado driver's license are proof of “Age, Identity, and Lawful Presence.” More specifically, the rules state that one form of acceptable proof of age, identity, and lawful presence is "[a]n out-of-state photo driver's license, photo instruction permit, or photo identification card issued by a state that requires proof of Lawful Presence, Age, and Identity, and that is not expired or that has expired within the last twelve months." [emphasis added]

The rules further state that "[t]he list of states that meet this requirement may change from time to time as determined by the states' various statutes, policies, and procedures. A list of states qualifying under this subsection will be maintained and published by the Department, including but not limited to on its website." In other words, under current Colorado DMV rules, Spitzer's policy change would invalidate a New York driver's license as an acceptable form of proof of lawful presence when applying for a Colorado driver's license. According to a New York Times article of September 22:

The change rolls back rules adopted four years ago under the Pataki administration that made it difficult, if not impossible, for tens of thousands of immigrants to obtain driver's licenses because they could not prove legal status. Under the new rules, the Department of Motor Vehicles will accept a current foreign passport as proof of identity without also requiring a valid yearlong visa or other evidence of legal immigration.