ALBANY - As Gov. Eliot Spitzer's anti-fraud driver's license scanner passed its first public test, forces opposing his plan to make it easier for illegal immigrants to get licenses continued to plan to block it. The new technology used at a Department of Motor Vehicles office in Albany successfully scanned documents in a process Spitzer said will authenticate foreign-issued passports to make sure immigrants - legal and illegal - are who they say they are.

The equipment is an important part of Spitzer's new plan, which includes three types of driver's licenses. Illegal immigrants would still be able to get a license under Spitzer's plan, although it would be a license that is clearly stamped that it doesn't prove legal residence in the U.S.

His administrative order, which he said can be enacted without the Legislature's approval, continued to draw opposition.

The state Sheriff's Association opposed Spitzer's plan Monday. The Republican-led Senate will hold a hearing Wednesday to further question Commissioner David Swarts about the system scheduled to begin Dec. 1.

“We're just over a month away from the governor moving forward, against public interest, with his plan to give illegal immigrants driver's licenses,” said Senate Transportation Committee Chairman Thomas Libous, a Broome County Republican. “We need to again sit down with Commissioner Swarts and discuss putting this program on hold.”

On Wednesday Assembly Republican leader James Tedisco of Schenectady plans a news conference to again warn Spitzer that if he doesn't change his plans, the Republicans will sue to block it.

Spitzer's plan includes an “enhanced driver's license” that will be as secure as a passport and allow New Yorkers to cross the border at Canada. A second version will meet new federal standards of the Real ID Act, which is designed to make it much harder for illegal immigrants or would-be terrorists to obtain licenses. A third type of license will be available to illegal immigrants which Spitzer said will bring then “out of the shadows” and improve homeland security.