- Associated Press - Monday, November 2, 2015

ALBUQUERQUE, N.M. (AP) - The federal government’s decision to deny New Mexico an extension from tougher federal requirements on state driver’s licenses is putting New Mexico’s ID law back in the public eye.

That’s because the ruling has created confusion in a state that relies heavily on federal spending and because leaders of both parties are showing little signs they can come to an agreement to revise a state law that grants driver’s licenses to immigrants regardless of status.

REAL ID Act requirements require proof of legal U.S. residency for holders who want to use them to access certain areas of federal buildings. And the decision by the U.S. Department of Homeland Security means New Mexico driver’s licenses and IDs won’t be valid for federal purposes, including, eventually, boarding commercial aircraft next year.



Republican Gov. Susana Martinez points the finger at Senate Democrats for failing to vote on various GOP proposals that would have repeal the state law. During the last Legislative session, Republican lawmakers let their latest proposal include a “two-tier” system that would have allowed some immigrants to receive restricted licenses.

But immigrant rights groups say Martinez is to blame. The groups say Martinez failed to support a proposal passed in the Democratic-controlled state Senate that would have created another type of “two-tier” system - granting REAL ID compliant IDs for those who want them and noncompliant ones for those who don’t.

The issue is expected to get a renewed pushed during the 30-day Legislative session, which begins in January. Here are some things to know:

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THE FIGHT

Since Martinez took office in 2011, she and Republicans lawmakers have tried repeatedly to repeal the immigrant driver’s licenses law. Each time, they were met with fierce opposition from a coalition of immigrant rights groups, religious organizations and Democrats. The coalition crowded hearings, held rallies outside the Capitol and lobbied lawmakers.

Hearings and debates on the measure have gotten heated, with charges of racism and aiding terrorism tossed out. For example, during a tense committee hearing in January, Rep. Patricia Roybal Caballero, D-Albuquerque, compared any repeal and participation in federal Real ID Act to the Holocaust under Nazi Germany.

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THE STATE

New Mexico has the highest percentage of Hispanic residents in the country and Martinez is the nation’s only Latina governor.

The state, compared to neighboring Arizona, is seen as a hospitable place for immigrants suspected of being in the country illegally. But New Mexico’s struggling economy keeps the population of immigrants relatively small at around 90,000, or 5 percent of the state’s total population.

Still, Martinez won re-election by a record margin in 2014 and her campaign focused on pushing for a repeal of the driver’s license law. The El Paso-born Mexican American governor was warmly received by Latino voters and has been vocal about Republican politicians about “toning down” anti-immigrant rhetoric.

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THE LAW

New Mexico and Washington are the only states that do not require proof of legal presence in the U.S. to get a state license or ID. Other states give restricted licenses to people who can’t prove they are in the U.S. legally.

New Mexico passed its state law in 2003 allowing licenses for people in the country illegally. It was signed by Democratic Gov. Bill Richardson. Last year, the number of newly issued driver’s licenses to immigrants in New Mexico plunged to its lowest level since the state began granting driving privileges to foreign nationals living in the country illegally, records show

Twelve states and the District of Columbia enacted laws to allow immigrants suspected of being in the country illegally to obtain some form of a driver’s license, according to the National Conference of State Legislatures.

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WHAT’S NEXT

Martinez is expected to put the driver’s license law on the agenda for the 30-day legislative session in January. She says Republicans are willing to compromise and pass a bipartisan bill but “Democrats keep moving the goal line.”

Democrats say they plan on pushing for a version passed in the state Senate that would allow immigrants to keep their licenses but also allow state residents to get REAL ID compliant licenses.

With the 2016 election approaching, the stalemate could continue since Republicans and Democrats can use the issue to raise money and get their bases to the polls.

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Follow Russell Contreras on Twitter at https://twitter.com/russcontreras.

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