Bingaman: N.M. driver's license may not be enough to prove citizenship

Albuquerque Journal (New Mexico)
June 10, 2010

Passport Needed for Ariz. Visit?

WASHINGTON - New Mexico's practice of giving driver's licenses to illegal immigrants has come up in the heated debate over Arizona's new law that allows police to demand proof of citizenship from anyone they "reasonably" suspect is in the country illegally.

Sen. Jeff Bingaman, D-N.M., has asked the Justice Department to explain how the Arizona law could affect New Mexicans. He has said he is concerned that the law, which has not yet taken effect, could force New Mexico travelers to carry passports there.

"The possibility, at least, is that New Mexicans would be subject to longer detention by law enforcement ... if they show them a New Mexico driver's license and the officer knew the New Mexico law," Bingaman told the Journal on Wednesday.

A Justice Department spokeswoman said the agency is still reviewing Bingaman's letter.

Meanwhile, a lawsuit filed by the Mexican American Legal Defense Fund and other civil right groups claims New Mexicans who travel to Arizona with only a driver's license for identification could be detained as suspected illegal immigrants.

Two Las Cruces residents - one who attends college in Arizona and another who frequently travels to the state - are plaintiffs.

MALDEF and the others filed the class-action lawsuit in federal court in Phoenix last month asking that the Arizona statute be struck down as unconstitutional.

"This law pushes Arizona into a spiral of fear, increased crime, and costly litigation," said Victor Viramontes, MALDEF senior national counsel. "We expect this misguided law will be enjoined before it takes effect" on July 29.

New Mexico does not require proof of U.S. citizenship or immigration status to obtain a driver's license.

Viramontes said that would make a person who is in the U.S. legally, but carrying only a New Mexico driver's license as ID, vulnerable under the Arizona law.

"A New Mexico person who comes into Arizona with a New Mexico driver's license will be subject to additional searches and suspicions," Viramontes told the Journal. "The Arizona statute suggests it (a New Mexico drivers license) would not be recognized."

The Journal was not able to obtain comment Wednesday from the Arizona Attorney General's Office or an independent law firm dealing with questions about the new law.

Jesus Cuauhtémoc Villa, a Las Cruces resident who attends Arizona State University, joined the MALDEF suit as a plaintiff because he does not have a passport and has said he does not want to carry his Social Security card because he might lose it.

Vicki Guabeca, also of Las Cruces, told MALDEF she frequently travels to Arizona and worries her driver's license will not be sufficient to comply with the Arizona law.

Gov. Bill Richardson has touted New Mexico's driver's license statute, which he signed into law in 2003, as a way to help cut down on the number of uninsured motorists in the state.

Advocates of the law say more than 50,000 illegal immigrants have obtained driver's licenses since 2003.

Critics say it has led to massive fraud and encourages more illegal immigration.

New Mexico's law does not comply with requirements of federal law passed after the Sept. 11 terror attacks, but the state has been given an extension to come into compliance.

Both New Mexico candidates for governor said they would try to change the law.

Lt. Gov. Diane Denish, the Democratic nominee, told reporters at her first news conference after the June 1 primary election that she opposes granting driver's licenses to illegal immigrants.

"It was done with the idea that people wanted to be safe.

We wanted to increase the number of insured motorists," Denish said.

"But we have found that there are many scam artists and there are many con men that are fraudulently manufacturing documents, that are coming here to get driver's licenses.

So we are tightening that up."

Susana Martinez, the state district attorney in Doña Ana County and the Republican nominee, campaigned in the primary on fighting the state law that allows "foreign nationals" to obtain New Mexico driver's licenses and what she called other "sanctuary" policies.

BINGAMAN: Asked what law means for New Mexicans

http://www6.lexisnexis.com/publisher/En ... 09&start=1