States' Immigrant Policies Diverge

"This is what happens when you don't have a national policy," Means continued. "If I'm an Oklahoma builder on the border with Texas, you're going to face unfair competition because they don't have the laws we do. This needs to be standardized."

While local governments have been enacting a growing number of pro- and anti-immigration ordinances, states, with notable exceptions such as California, have until recently been more cautious. Experts say that is partly because achieving consensus on a state level is far harder than in smaller communities, but also because many states have awaited guidance from the federal government.

But as state officials have concluded that they can no longer afford not to act, they are often finding that doing so is an invitation for discord.

That is particularly true in New York, where Gov. Eliot L. Spitzer (D), the former attorney general who championed labor rights for immigrants, touched off a firestorm after announcing last month that he was reversing pre-Sept. 11 rules that had made it virtually impossible for illegal immigrants in the state to obtain a driver's license.

"The federal government has failed to establish a coherent or rational policy, and as a consequence, we are left to deal with this on a state level," Spitzer said in an interview with The Washington Post last week. "We're left dealing with the reality of up to 1 million [illegal] immigrants in New York. . . . I would prefer to have [them] carrying a legitimate form of identification, a driver's license that allows them to get insurance, allows our law enforcement to track their driving records and brings these drivers out of the shadows."

The ruckus over the policy change has been particularly heated because several of the Sept. 11, 2001, hijackers used illegally obtained driver's licenses as identification when renting vehicles or boarding flights. Spitzer argues that his plan will make it harder to get a license illegally, by requiring new electronic equipment in motor vehicles offices across New York to verify foreign passports and other documents used to obtain a license.

But many here counter that no matter what equipment is used, granting driver's licenses with a foreign passport as a primary proof of identity constitutes a significant security threat. Still others argue against the notion that illegal immigrants should be awarded any kind of government-issued identification.

Opposition is so fierce, particularly among state Republicans, that a handful of county clerks have publicly rebelled. Several have said they will instruct their driver's license offices -- many of which are staffed by county, not state, employees -- to disregard the new guidelines. And the Monroe County government, near Rochester, has gone as far as voting to continue making a valid Social Security number a requirement for a driver's license, setting up a potential legal showdown with the state.

"The government is trying to bring them into the fold, but how can you extend a privilege to drive legally in the United States to someone who is here illegally?" asked Frank J. Merola, the Republican clerk of Rensselaer County, near the state capital, Albany. "I'm not saying, 'Let's go out there and round them up,' but I am saying that it's wrong to reward them for breaking the law."

Not surprisingly, the plan, to go into effect in phases within eight months, is being hailed by New York's thriving immigrant community. A 33-year-old Manhattan lounge singer who would provide only his first name, Amilcar, because he arrived in the United States illegally from Mexico, said he has had to turn down numerous offers for work in New Jersey and elsewhere because he could not drive himself and was unable to afford the cost of transporting his equipment.

"But this is going to open new doors for me now," he said excitedly, noting that he has already made plans to buy a car. "I feel like having a driver's license is a going to be a great new freedom. It's why I came to America in the first place."

Staff writer Robin Shulman in New York contributed to this report.