NM lawmakers gear up for another fight over driver's licenses and illegal immigrants
By Milan Simonich
Posted: 08/06/2011 01:32:40 PM MDT

SANTA FE - New Mexico is one of the last battlegrounds when it comes to granting driver's licenses to illegal immigrants.

A dozen states in the last 10 years have repealed laws that allowed people to obtain driver's licenses without proof of immigration status.

Legislatures from Hawaii to California, from Michigan to Maine, have overturned laws similar to the one that New Mexico is fighting over.

For the second time this year, New Mexico legislators are about to decide whether illegal immigrants who live in the state should have driving privileges and receive state-issued licenses that double as identification cards.

Republican Gov. Susana Martinez says most people disapprove of the licensing law and want it stricken. But Democrats who control the Legislature largely have stuck together to block Martinez's attempts to repeal it.

Seeming to relish a confrontation in which she is the underdog, Martinez is ready to try again.

"New Mexicans overwhelmingly agree that we must put an end to this dangerous system, and that is why I'm calling on the Legislature to repeal the driver's license law during next month's special session," she said.

Because New Mexico now is one of only three states that license illegal immigrants, it has become a target of con artists, Martinez said. Illegal immigrants from around the country, some paying thousands of dollars to accomplices who promise to cheat the system, travel to New Mexico in hopes of obtaining driver's licenses.

Some all a license the key to the kingdom. It enables the holder to board airplanes, enter secure government buildings and drive anywhere in the country.

Critics of Martinez say she has exploited the licensing issue for political gain.

State Rep. Miguel Garcia, D-Albuquerque, is perhaps the most passionate defender of allowing illegal immigrants to continue receiving New Mexico driver's licenses.

He said what other states do should not be a guidepost for New Mexico. That is because New Mexico embraces a border culture, and is tolerant of those who cross into America in search of a better life, Garcia said.

With the federal immigration system in disarray, he and other Democrats in the state Legislature say the fair and safe policy is to allow people to drive legally, even if they live in New Mexico illegally.

Those very arguments have played out all across the country, mostly with the same result. Here is a snapshot of the American landscape on this issue:


California

Gov. Gray Davis, a Democrat, signed a bill in 2003 allowing any resident of California to obtain a driver's license. He said this would enable people in the country illegally to drive to their jobs, support their families and buy auto insurance.

Immigrants cheered Davis at a public rally, but the celebration was short-lived.

Voters recalled Davis soon after. The new governor, Republican Arnold Schwarzenegger, immediately launched a successful campaign to repeal the law.


Maine

A state with few immigrants, Maine nonetheless had a driver's license law like New Mexico's.

That changed in 2008 when Maine legislators approved an emergency law to tighten the system. It required applicants for a driver's license to show two documents establishing proof of citizenship or legal immigration status.

Maine for a time stopped on-line license renewals to make sure the law would not be skirted.


Washington State

Republican legislators last winter tried to repeal the law allowing people to receive driver's licenses, regardless of immigration status. Democrats held them off after a fierce fight.

Two factors - money and agriculture - kept Washington's licensing system in place.

A crackdown to ending licensing for illegal immigrants would have cost as much as $1.5 million for additional verification measures, legislators said. In a bad economy, the money was not readily available.

The second factor was Washington's famous apple crop. Many lawmakers were worried about harvesting if illegal immigrants could not drive to the orchards.


Tennessee

The state once issued licenses to illegal immigrants, but did a turnabout because of scandal.

Proponents said the system helped improve public safety. Everyone who got a license passed driving exams, was more likely to purchase insurance and was added to the state database, making it easier for police to track them.

But criminals detected in 2005 caused legislators to repeal the law. High-profile fraud cases came to light in which illegal immigrants from other states obtained Tennessee licenses.


The fight in Santa Fe

New Mexico state Rep. Andy Nuñez, an independent from Hatch, sponsored a bill last winter to repeal the licensing law. Like Martinez, he said illegal immigrants from around the country are drawn to New Mexico because of the licensing system.

Against long odds, Nuñez got his bill through the House of Representatives, 42-28.

But then Democrats in the Senate rewrote his bill and eventually killed it.

They pressed for a compromise that would have made licenses for illegal immigrants valid for two years, a change to cut down on residency fraud. Most New Mexico licenses are valid for four or eight years.

In addition, Democrats in the Senate wanted to fingerprint illegal immigrants when they obtained their licenses. This was touted as a safety precaution. Martinez rejected the compromise, saying it was insubstantial. She fought instead for the repeal.

Round two will begin next month when she tries again to strike the licensing law from the books.

Texas-New Mexico Newspapers Santa Fe Bureau Chief Milan Simonich can be reached at (505) 820-6898. His blog is at nmcapitolreport.com.


Crackdown

States that once issued driver's licenses to illegal immigrants but no longer do:

Alaska

California

Hawaii

Maine

Maryland

Michigan

Montana

North Carolina

Oregon

Tennessee

West Virginia

Wisconsin


Holdouts

States that issue driver's licenses to people regardless of immigration status:

New Mexico

Utah

Washington


The numbers

The New Mexico Motor Vehicle Division says about 85,000 people are in the "foreign national" database of licensed drivers. But not all those people are immigrants, much less illegal immigrants.

Years ago, the state allowed U.S. citizens to obtain driver's license with identification other than Social Security numbers. They ended up in the "foreign" database.

In all, New Mexico has about 1.6 million licensed drivers.

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