http://www.abqjournal.com/539723/opinion/license-bill-brings-nm-in-compliance-with-federal-law.html
“”By Rep. William “Bill” Rehm / Republican, Albuquerque”
Since 2011 I have introduced legislation to end the practice of issuing driver’s licenses to persons who are not legally in New Mexico. After 2011, Rep. Andy Nunez joined this effort followed by Rep. Paul Pacheco. This year I have introduced House Bill 79 — which if passed, will end this practice.
First, a little history.
After 911, the federal 911 Commission was formed. The commission found most of the 911 terrorists had expired visas but valid driver’s licenses.
As a result of this commission they formed the REAL ID act and tasked Homeland Security to assist with its implementation. While there have been numerous extensions on REAL ID deadlines, it appears the willingness for Homeland Security to issue additional extension is ending. Clearly we must have a REAL ID compliant driver’s license.
Homeland Security has begun phasing in these requirements. There are four phases. Homeland Security gave New Mexico an extension on Phase 3 until Oct. 15 of this year, when everyone entering a New Mexico federal building or laboratory will be required to show a REAL ID compliant form of identification.
This means if we do not amend our current practice of issuing driver’s licenses to undocumented immigrants, our New Mexico driver’s license will not be sufficient to allow Sandia Laboratory employees to enter their workplace.
The opposition is trying to name this legislation an anti-immigration law. It is not. This legislation brings us in compliance with federal law.
The opposition to ending this practice states there is no evidence the streets will be safer if we stop issuing driver’s licenses to all. They state that the current licenses are safe because of the photo on the license. The reality is not everyone who arrives at the New Mexico Motor Vehicle Division provides a true identity. Many use false documents to apply for a license.
Criminal rings have formed to bring undocumented persons to New Mexico to obtain driver’s licenses when they have not lived here and have no intention of living here. Some criminal ring members have been convicted of fraud.
The second item the opposition touts is since the issuance of driver’s licenses to undocumented parties the uninsured vehicle rate has declined.
There is no evidence of this. According to MVD there is not a statistical change in the uninsured vehicle rate since implementation of this law. A New Mexico State University study determined the same.
According to New Mexico Tax and Revenue Division and MVD, we have issued over 100,000 driver’s licenses to undocumented persons. Of this group the state of New Mexico received 16,000 tax returns. Are the 84,000 non-filers living outside New Mexico or are they disobeying our tax laws?
I will point out another problem: to purchase a firearm in New Mexico, the buyer must show a state driver’s license. This person’s name and DOB are run through the FBI database for approval of the purchase.
Since the FBI database does not contain the names of persons we have issued driver’s licenses to there is no negative entry and the purchaser is cleared to purchase a weapon, even though this transaction violates federal law.
The opposition will file a lawsuit to any legislation we pass restricting the issuance of driver’s licenses to undocumented persons. Please understand that any legislation that is passed, must meet the REAL ID requirements in order to prevail any challenge. REAL ID has rigid guidelines and my legislation is designed to follow those guidelines and thus be legally defensible.
House Bill 79 will end the current practice of issuing driver’s licenses to undocumented persons and only issue driver’s license to those lawfully in New Mexico for the term of their authorization.
Our issuance of driver’s licenses to persons not lawfully in the United States is disrespectful to those who have applied for legal immigration to the United States. This practice aids a person illegally within the U.S. to appear legal.
An Albuquerque Journal poll pegs support for repeal at 75 percent of all New Mexicans. Please contact your legislator and tell them to vote in favor of this crucial legislation.””
Very good article.