Proposed INS bills will not solve problems

Murfreesboro attorney and Tennessee Sen. Larry Trail has introduced a bill that would require anyone applying for benefits who did not possess a social security number to be reported to the INS. At first glance, this may seem as simple as legislating the requirement that state agencies report a crime. Look deeper into the consequences of this simplistic legislation and one can see the problems of this bill under federal and constitutional law. First of all, the INS does not need anyone to report to them the presence of illegal aliens, as if they weren't already aware of the issue. They could raid several employers in the state and collect busloads of undocumented aliens if they wanted to. But more concerning than the futility of his limited legislative efforts at plugging the dike, is that Sen. Trail fails to consider the agreement reached with DHS just last year to no longer require parents to disclose their social security numbers when applying for benefits on behalf of their minor, U.S. citizen children. To require such disclosure, it was argued by the Tennessee Justice Center, was to discriminate against this particular group of U.S. citizens, which would not only violate equal protection but also violate Title VI of the Civil Rights Act of 1964. Not only would such legislation invite a constitutional challenge in court, but it would also further burden and financially tax an already overburdened and underfunded state government.

To add more insult to our Constitution, Sen. Tim Burchett and Rep. Steve Buttry, have introduced a bill that would require all non-U.S. citizen students to report to a local law enforcement agency monthly or face being reported to "federal authorities," presumably the INS or FBI. As the host-father of a 16-year-old foreign exchange student, the last thing I want is to have her report to the Wilson County Sheriff once a month, especially when there are native born teenagers who I think are far more likely to commit a terrorist act but are not required to report. As a lawyer who has written before in this forum of the Supreme Court ruling that stated that all persons are protected by the Constitution, including the right to equal protection under the laws, I never cease to be amazed at the ignorance of our legislators.

Finally, the governor, under pressure from the likes of Sen. Marsha Blackburn, and other states removing reciprocity of our driver's licenses, is considering implementing the guidelines recommended by the American Association of Motor Vehicle Administrators (AAMVA) regarding acceptable documents when applying for a driver''s license. As an association of United States and Canadian members, the AAMVA argues in the name of "helping secure a safer America" that only documents from the United States and Canada are presumptively authentic proof of identity, including, of all things, a Canadian driver's license and learner's permit. Well, last time I checked, Mexico was still part of "America" - but most confusing concerning the presumptive authenticity of Canadian documents is that Al Rauf Bin Al Habib Bin Yousef Al-Jiddi, one of the al-Qaida members seen delivering martyrdom messages on videotapes seized in Afghanistan, was a Canadian citizen! (See The Tennessean, 1-27-02). Good job AAMVA, your guidelines are sure to make our borders less permeable to terrorists.

What we need are real security and terrorist experts to convene and consider real efforts to prevent terrorist acts in our country. Blind and ignorant targeting of foreign students and U.S. citizens who, through no fault of their own, have undocumented alien parents, by clueless legislators is wasting time and money and doing little to address the problem.

- Jerry Gonzalez, Nashville