Martinez eyes options on illegal-immigrant licenses

Governor could tighten rules or bring issue up in fall legislative session

Kate Nash | The New Mexican
Posted: Wednesday, March 23, 2011 - 3/24/11

Gov. Susana Martinez isn't giving up her fight to end driver's licenses for undocumented immigrants in New Mexico, and her office reiterated Wednesday that she is looking at options to tighten up licensing laws.

Martinez "can take certain actions to ensure that the administration of our licensing laws is promoting public safety and efficiency," but no decisions about specific changes have been made, spokesman Scott Darnell said in an email.

Ultimately, Darnell said, it is up to the Legislature to overturn the 2003 law — something Martinez said after the session ended Saturday that she may even ask lawmakers to reconsider in a session this fall. The Legislature will meet then to draw new lines for lawmakers' districts.

Members of the House approved a bill this session to end the practice of allowing foreign nationals without Social Security numbers to obtain licenses, but the Senate balked at that and voted to keep allowing the licenses, albeit with some new provisions aimed at keeping better tabs on who has them. The idea died when the two chambers couldn't agree on the bill and time ran out.

For Martinez, a first-term Republican, getting rid of the licenses was a top campaign issue.

Senate President Pro Tem Tim Jennings, D-Roswell, said Wednesday that he believes Martinez focused on the politics of the issue and can make some changes to the licensing law administratively.

"We had (oil and gas) pit rules and everything else done by rules and regulations, so to say we can't fix licenses is a little silly," Jennings said.

One thing Jennings said Martinez easily could do without legislative approval is restrict the licenses so that they are valid only for driving.

"I think all you have to do is put a restriction in there that it's not valid as a federal ID or for air travel," Jennings said.

Darnell didn't offer any specifics on the governor's options or what she might be planning.

Under the administration of former Gov. Bill Richardson, Motor Vehicle Division officials made some changes in how the immigrant licenses are handled. They started working more closely with Mexican government officials to verify the authenticity of documents, and they went to an appointment system for immigrants who are applying for licenses, giving officials more time to scrutinize applicants and their documents.

Some expect the controversial issue to play out beyond the Roundhouse during the next legislative elections, as Martinez and the Republicans look for candidates who oppose the law and try to oust incumbents who support it.

Supporters want to keep the licenses, which they say have dramatically lowered the state's uninsured-driver rate and ensure drivers are educated about local laws. Proponents also say the licenses give law-enforcement officials a way to keep track of immigrants in the state.

Martinez has called the license system dangerous and said through a spokesman Wednesday that it attracts people who come here "for no other purpose than to obtain an official ID card that they cannot receive anywhere else but in Washington and Utah, which allows them to then move about the state or country and more easily engage in inappropriate or criminal activities."

Only New Mexico, Utah and Washington allow undocumented immigrants to get driver's licenses. In Utah, the license is good for driving only.

Contact Kate Nash at 986-3036 or knash@sfnewmexican.com. Read her blog at www.greenchilechatter.com.

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