Judge tosses challenge to S.F. ID card plan SAN FRANCISCO He tosses lawsuit over city's plan to aid immigrants

Tom Ammiano Tom Ammiano Photo: Lance Iversen, The Chronicle Photo: Lance Iversen, The Chronicle Image 1 of / 1 Caption Close Judge tosses challenge to S.F. ID card plan 1 / 1 Back to Gallery

A San Francisco Superior Court judge ruled Tuesday that the city's plan to issue municipal identification cards to residents regardless of immigration status does not violate state and federal law.

Judge Peter Busch tossed out a lawsuit filed by the Immigration Reform Law Institute of Washington on behalf of four San Francisco residents who argued the program would amount to aiding and abetting illegal immigration.

The ruling was a victory for city officials looking to implement the ID card program, which the Board of Supervisors approved in November but Mayor Gavin Newsom put on hold in August to make sure it complies with state and federal laws. Newsom's move came after a series of Chronicle articles explaining how the city regularly shielded young illegal immigrants from deportation after they were found guilty of felony crimes. That practice has since been stopped.

The mayor also wants to address administrative questions, such as how to prevent the cards from being counterfeited or fraudulently obtained.

"The program is a go. The last challenges are administrative and technical as opposed to political," said Supervisor Tom Ammiano, who sponsored the ID card legislation and is running for state Assembly. "I'm looking forward to expediting the implementation. ... I'd love it to happen before I leave the board on Dec. 1."

Mayoral spokesman Nathan Ballard welcomed Busch's ruling but said it would have little impact on the review being conducted by City Administrator Ed Lee.

"We want to make sure we move forward with a bulletproof program," Ballard said. "This ruling is separate. This is about one lawsuit. The mayor believes the program is legal; however, he wants to make sure that it's implemented safely."

Ballard would give no timetable for completing the program review, saying it would take "as long as it takes."

Lee sent Ammiano an e-mail Friday, saying he anticipated the program would start in early 2009. The e-mail says city officials are preparing educational materials, training, hardware and software to begin issuing the cards.

The program would make San Francisco the largest city in the country to issue municipal identification. New Haven, Conn., began issuing cards last year.

Opponents of the program are considering appealing Busch's ruling.

"This is simply a step in a long process," said Patrick Skain, a native San Franciscan and retired firefighter who brought the lawsuit along with others. "We'll review what took place today and look at the nuances of the arguments and make a determination from there."

Skain and others argued that the city cannot declare a person to be a resident if they are not in the country legally. They contend the ID program is an illegal use of city funds that will further strain public services and hamper federal immigration investigations.

Busch, though, said the ID program is "neutral with respect to immigration status." It doesn't certify that anyone is in the country legally, but it provides a mechanism for city residents to access services like library cards and discounted rates at city-owned golf courses, the judge said.

"This doesn't deal with immigration," Busch said. "Clearly it does not require anyone to withhold information, because they do not collect the information."