In a decision decided December 20, 2007 Village Justice Thomas F. Liotti dismissed the charge of unlicensed operation of a motor vehicle filed against the defendant, an illegal immigrant.  State v. Rafael Quiroga-Puma, 2007 NY Slip Op 27527; 2007 N.Y. Misc. LEXIS 8379 (Dec. 20, 2007).  Justice Liotti held, in a 12 page opinion, that it was unconstitutional under state and federal law to charge the Defendant with driving without a license.  Justice Liotti reasoned that since an illegal immigrant does not possess the necessary identification documentation required by NY law in order to apply for a license the immigrant cannot then be charged with driving without a license.  Justice Liotti did find that the defendant violated the remaining charge of operating a motor vehicle without insurance. 

USCIS DENIES INFANT'S ADOPTION VISA DUE TO ADOPTIVE PARENT'S DWI CONVICTION

StarTribune.com reports that the United States Citizenship and Immigration Services (USCIS) denied an adoption visa to a Chinese infant applied for by an American couple on the ground that the husband had a misdemeanor drunk driving conviction, despite the fact that the adoption agency had approved the adoption.  As a result of the denial the infant is not permitted to enter the United States even though the couple has legally adopted the child.

ORAL DECLARATION ALONE NO LONGER SATISFACTORY EVIDENCE OF CITIZENSHIP FOR U.S., CANADIAN AND BERMUDIAN CITIZENS ENTERING THE U.S. 

The Department of Homeland Security, Bureau of Customs and Border Protection, published a rule in the Federal Register on December 21, 2007 announcing that citizens of the U.S., Canada and Bermuda can no longer be admitted to the U.S. simply on the person's oral declaration of citizenship.  Effective January 31, 2008 all travelers must present documents to U.S. Customs and Border Protection proving citizenship.  Acceptable documentation includes birth certificates and government issued identification documents such as a driver license.