Don’t BELIEVE the Hype—Though Unformed, the Democrats’ National ID Plan Is Rife With Threats to Privacy and Civil Liberties

Senate Democrats have solidified and given more definition to their plan to create a biometric national ID, the centerpiece of their immigration reform proposal. (For reasons unrelated to the national ID plan, Senator Lindsey Graham (R-SC) has dropped out of the picture for now.) The “Conceptual Proposal for Immigration Reform” they released last week gives much more detail to the sketchy plans I previously reviewed.

In my Cato Policy Analysis, “Electronic Employment Eligibility Verification: Franz Kafka’s Solution for Illegal Immigration,” I wrote about the possibility of a work authorization document limited to that purpose—and my doubts that the government would adopt one.

A credential such as eligibility for employment under [the immigration laws] can be proved without creating a nationwide biometric tracking scheme. In fact, templates already exist. But it is unlikely to see adoption. . . . [I]dentification and tracking . . . shift the risk of error in the card-issuance process from the government to the citizen. . . . [T]racking preserves government power. A work-eligibility and tracking system . . . makes the individual’s employment eligibility subject to revision at a later time, if the government wants to change the rules or adapt the system to new purposes, for example.

Those doubts are validated by this plan, which appears to be a full-fledged national ID and national biometric database. Assurances that it won’t be used for purposes beyond immigration control are not persuasive. This is national identity and surveillance infrastructure that will be “switched on” by later policy changes.

They’re calling it “BELIEVE,” short for “Biometric Enrollment, Locally-stored Information, and Electronic Verification of Employment.” They can call it that. We’ll study it, and give credence to what we learn.

The plan is confusing, disorganized, repetitive, and sometimes contradictory. Summarizing it is a little like trying to piece together the egg when all you have is the omelet, but three themes emerge: First, this summary backs away from an earlier claim that there would not be a biometric national identity database. There will be a national biometric database. Second, repeating the word “fraud-proof” does not make this national ID system fraud proof. Third, this national ID system definitely paves the way for uses beyond work authorization. This is the comprehensive national identity system that people across the ideological and political spectrum oppose.

The national ID part of the Democrats’ proposal begins at the bottom of page eight. It’s a veritable word-cloud, suggesting a violation of the rule of thumb that simple solutions are usually the best. But let’s look at it, line by line.

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Schumer and Graham on Immigration Reform: Why Not Do it Without the Biometric National ID?

There is much to commend in the op-ed on immigration reform that Senators Chuck Schumer (D-NY) and Lindsey Graham (R-SC) published in this morning’s Washington Post. Unfortunately, they lead with their worst idea: a biometric national ID card, mandatory for all American workers.

Here’s the good: “Americans overwhelmingly oppose illegal immigration and support legal immigration,” they say. “Throughout our history, immigrants have contributed to making this country more vibrant and economically dynamic.”

Their plan includes problem-solving proposals: “creating a process for admitting temporary workers” and “implementing a tough but fair path to legalization.” The latter would reduce the population of illegal aliens in the U.S.—good—and the former would reduce the need to enter illegally in the first place—also good.

Joined with the enhanced border security they propose, these ideas would address the immigration challenge as well as anyone knows how. (Details matter, and my colleagues will have more to say, I’m sure.)

But then there is their gratuitous national ID proposal for all American workers, and stepped up interior enforcement. “Interior enforcement” is a euphemism for “rounding up illegal workers” under some administrations and “raiding employers” under others.

This is the most specific Senator Schumer has ever been about his biometric national ID proposal, though he’s had it in mind since at least 2007. But it is hardly satisfactory, and the claim there will be no national ID database is almost certainly not true.

Here is the paragraph that captures the senators’ plan:
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