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Senate votes to keep licenses for undocumented immigrants
The Roundhouse in Santa Fe (Photo by Peter St. Cyr)
The New Mexico Senate rejected late Wednesday a House-approved proposal that would repeal a law that allows undocumented immigrants to obtain driver’s licenses.
The Senate instead passed legislation that, in the words of a news release from Senate Democrats, “provides for stricter and tougher requirements for foreign nationals to obtain driver’s licenses.”
“Included among the amendments is a six-month residency requirement as well as fingerprints for foreign nationals in order to be eligible for a N.M. driver’s license,” the release states.
The Senate-approved bill seeks to address concerns about people fraudulently obtaining licenses while still allowing undocumented immigrants to obtain licenses. That puts the Senate at odds with Gov. Susana Martinez on what has become her top legislative priority – or at least the one for which she is fighting hardest.
Following nearly four hours of debate, the bill passed the Senate on a vote of 25-16 just before midnight. You can see how each member voted here.
‘Give it a chance’
House Bill 78 now heads back to the House, which will vote on whether to agree with the Senate changes. If the House doesn’t do that, a conference committee will meet – in public – to try to reconcile the House and Senate bills.
One Senate Democrat – John Arthur Smith of Deming – voted with Republicans against the Senate bill. No Republicans voted for the bill, which prompted Senate President Pro Tem Tim Jennings, D-Roswell, to express surprise. Jennings proposed amendments that led to the legislation being toughened on the Senate floor.
“My amendments were offered in good faith in addressing concerns about security issues,” Jennings said in a news release. “On an issue as difficult, emotional and divisive as this one is, it is important to keep our minds open to compromise.”
Sen. Linda Lovejoy, D-Crownpoint, praised the legislation.
“I like this compromise,” she said. “It has humanity to it. Give it a chance to try it. If it doesn’t work, we can come back and change things.”
Governor promises to keep fighting
Martinez has been heavily lobbying the Legislature to repeal the driver’s license law, and her efforts got a boost last week when the House approved the bill sponsored by Rep. Andy Nuñez, DTS-Hatch. The House-approved bill would simply require proof of citizenship or other legal status in order to obtain a driver’s license.
But the Senate isn’t easily influenced by outside pressure, and Martinez’s lobbying didn’t appear to sway many – or perhaps any – Senate votes.
Martinez criticized Senate Democrats in a news release, calling their vote “unfortunate.”
“The people of New Mexico sent a loud and clear message that they want this dangerous law repealed, but some in the Legislature chose to shut out the voices of their constituents in favor of partisan political gamesmanship,” Martinez said. “I promised the people of New Mexico that I will fight to repeal this law, and that fight will continue.”
Senate Republicans were equally upset.
“We did not solve the problem tonight,” said Sen. John Ryan, R-Albuquerque. “Once again, we have something that puts New Mexico on the wrong list.”
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Yes, but aren’t they the same people who still think New Mexico is a foreign country?
Thinker:
True – though of course, every time we try to distinguish ourselves as having our own culture, everyone else’s brows furrow in confusion…
Icarus Phoenix:
Thank you for your thoughts. I agree that “Mexican heritage” is a less than accurate way to describe our state’s Hispanic origins, but I also hate the generic “hispanic” adjective. Wouldn’t it be nice if we could use the term “New Mexican Origin” to encompass the diversity of history our folks? We have such a unique story after all. The right phrase could help to preserve, not blur it.
Thinker:
I agree that your statement is one of the better arguments I’ve ever seen on this issue, and I think you should repeat it often.
However, I would suggest doing so with one large (and seemingly pedantic) correction; don’t say “Mexican heritage”. The overwhelming majority of Hispanics in the state are descended from settlers whose residency predates the existence of Mexico by over two centuries, and we were governed by Mexico for less than three decades (and essentially ignored for that period). There are actually many who would take offense at being called “Mexican” and would promptly tune outthe rest of what is otherwise a remarkably compelling argument.
A little historical perspective is in order:
1492: Christopher Columbus claimed his first island in the name of the king of Spain.
1540: Coronado “passed by here” (New Mexico, or what was then “New Spain of the North”) as he explored land claimed by the king of Spain.
1598: Onate brought settlers to New Mexico from Mexico.
1680: The indiginous population chased the Spaniards out of New Mexico.
1692: de Vargas reconquered New Mexico.
1821: The Mexican government won independence from Spain (including sovereignty over New Mexico}.
1849: The United States conquered New Mexico. The Treaty of Guadalupe Hidalgo created an imaginary line between the two nations and guaranteed certain rights to those who lived here.
1853: The U.S. bought some more land from Mexico and the imaginary line was moved to the south.
For most of the time since 1853, people continued to move freely between the two countries.
Thank you, Thinker, for looking at this matter as one directly affecting human beings, many of whom have lived in and travelled between Mexico, New Mexico, and what we now call Arizona for literally hundreds of years.
Fear, hatred, and xenophobia are not family values. Nor are they moral political principles.
Our future and Mexico’s are irrevocably and inextricably tied together. We cannot build a wall between us that will not be breached, and we should not try. We should be working together.
Wedum59
If you read the article, you will see that the new compromise law will take care of your concerns.
Jeffnm said, “There is no credible argument that giving driver’s licenses to illegal immigrants is good policy and the people of New Mexico get the joke.”
There are plenty of sound arguments to have everyone on ours road required to have a license. I would interested in your credible arguments to the contrary.
Well, Dr. J and Thinker have pretty much put the right and left bookends on the subject.
For Dr. J, it’s all about tactics and a litmus test for who is and who is not a real American.
For Thinker, it’s about the real people that we all live, work, and worship with.
I’m with Thinker.
As always,
Michael J. Flynn
Just an aside to this MESS.
Yesterday, Weds, 9 March, I had a VA appointment in Tucson at the VA Hospital. When I was done and went to the paymaster for my travel pay I provided my Federally issued Retired Military ID card to prove who I was. I was then asked for my Voter ID to prove my address was correct. When I asked why my Voter ID the man told me my NM drivers licence wasn’t a good proof of residence. Before long anyone who lives in NM will have to have a Federal ID card to go anywhere in the US. It looks like when folks ask if you live in a foriegn country, New Mexico, we can tell them yes. I’m sick to death over this garbage. Just pass the darn bill and pull DL’s from Illegal Aliens, oops I said the A word. I have friends who have found prayer rugs and Korans on their ranches so it’s not just Mexican Nationals we have to worry about. I’m also sick of the fact we spend so much of our hard earned taxes on social programs that go to Illegal Aliens that ahven’t put that much into the system. If you want to live here, put the same effort into doing it the right way as opposed to sneaking in. My Father and Grandmother had to do it the right way, that’s right, I’m from Irish Immigrant stock, LEGALLY!!!!
Thinker,
Absolutely the most sensible and humane statement on this issue and other issues related to illegal immigrants which I have read anywhere. I thank you for making it.
In the years that I have walked door-to-door in Roswell, especially, as the HD 59 Democratic candidate,I have spoken to many people who resent the illegal immigrants for many different reasons. Just this last fall I talked to someone who sees people come and go in a house a block away. This person is convinced that it is a stopping point for illegal foreign nationals who are there to obtain NM drivers licenses. And these people then leave for other states with a free pass to US services (and airlines) for 8 years.
And the people who have mentioned their concerns to me are mostly Hispanic.
Look, this state is definitely unusual in that it does not require legal status to obtain a driver’s license. But it seems to me that this law evolved as a reflection of New Mexico’s diverse cultural, historical, geographical and political landscape. It acknowledges reality–our border with Mexico has been, to put it gently–fluid for years.
If I am not mistaken, we are a minority-majority state with those of Mexican heritage outnumbering other groups. We are not Georgia or Illinois or New Jersey or even Arizona for that matter. We are New Mexico, and quite frankly, for all our faults, we still have a lot of incredibly good people here that make it one of the nicer places to live. Some of them don’t have papers, unfortunately. And I’m sure Susanna has dined with one or two, too–even if she’s too cowardly to admit it, now that she owes part of her election to the rabid-right.
I don’t know about the rest of you, but here in Las Cruces, we still have lots of families with elderly grandmas and grandpas who don’t speak a lick of English and may not even be “legal” but have managed to lead good and productive lives that are 100% American in their values. They were and are wonderful neighbors who bring your trash can up to the house from the curb when you’re out of town, or a plate of warm, homemade tortillas and carne asada when your own grandma dies. By working their butts off, they have managed to buy homes, raise their children and put them through college because they came here before our 9-11 induced freak out on immigrants.
Our kids are friends with children who were brought here as toddlers, went to school and graduated as teens who are now indistinguishable from their citizen peers–except they are not documented. They have parents who have participated in our community, schools, and churches side by side with the rest of us. I know they are “illegal”, that they work under the table or with questionable documentation–doing jobs I know I probably wouldn’t have the stamina or perseverance to do. Paying taxes and social security from their paychecks but never to be returned to them in the form of benefits, by the way–because (contrary to what the right will lie) you must prove citizenship to claim those things. But one thing is for sure–they’d be “legal” in a heartbeat if this government would get it’s act together and make it possible for them to get that status.
Suddenly turning all these people into criminals overnight by outlawing their ability to drive legally here is not just cruel, it’s pointless. It wont make any of us safer here, if anything it will create crime where none currently exists. Keeping New Mexico’s illegal citizens in the light until we reform our immigration laws is the smart and decent choice–not shoving them into some dehumanizing underworld. That’s just another way to satisfy the right’s current need to bully and scapegoat various target groups during tough economic times.
To jeffnm.
First, anyone can take part of what I said out of context for the sake of a strawman argument like yours. I thank artiofab for challenging your final point.
Second, many people who are not intellectuals, “wanna-be’s” or not, do not support Martinez on this issue.
Third, the elected representatives of this state rejected Matinez’s position. Presumably, they represent the majority of the citizens of this state. So anyone agreeing with them hardly makes them elitism.
Fourth, the opposition in a minority is emotional. Saying so is neither elitist nor “wanna-be” intellectualism.
Finally, I am no “wanna-be” intellectual. I do not have to want to be an intellectual; I am one, and I am proud to be one, and I am in contempt only of those who scorn intellect and intellectuals.
Shame on Senator Lynda Lovejoy and Senator John Pinto for supporting illegal aliens over the Navajo people in their districts!!! Rather than standing up and fighting for their own people, Lovejoy and Pinto choose to bend over backwards for illegal aliens and Democratic Party leadership. Lovejoy and Pinto did nothing but go along with what the Party Leadership and Politburo wants, rather vote on behalf of their own people.
Lovejoy for example, is a Board member on the Navajo Technical College in Crownpoint, NM. In all the years she’s been a state representative and state senator, NOT ONCE has she ever sponsored a NM Lottery Scholarship for her own college students in ther district. Lovejoy would rather support Illegal aliens getting the lottery scholarship than her own legal First American Navajo students who go to tribal colleges. Shame! Shame on Lynda Lovejoy!! Perhaps it’s because Lovejoy is buddies with Senate Majority Leader Michael Sanchez who always kills the bills on the Senate side. Lovejoy has also been bought off by Sen. Michael Sanchez who also gave her thousands of dollars in campaign contributions!!
Lovejoy also needs to change her last name as well, because it’s also misleading the public.
How can Lovejoy say: ““I like this compromise… It has humanity to it. Give it a chance to try it. If it doesn’t work, we can come back and change things.”
What a crock and lie!! Lovejoy loves to talk about equality and humanity and civil rights, when she voted against SB 12 in 2009 that would have granted domestic partnership rights and responsibilities to people in committed relationships. How can Lovejoy say she is for “humanity” when she fails to recognize all the LGBTQ’s, gays and lesbians in her own family, who lobbied her to support “humanity.” Time to vote Lovejoy out!!
jeffnm: “There is no credible argument that giving driver’s licenses to illegal immigrants is good policy”
I can think of a few right off the top of my head. Maybe you don’t think they’re credible?
1) Non-citizens are present in New Mexico and are living, working, and spending money in this state. Allowing them to have drivers’ licenses expands their ability to live, work, and spend money in this state, as it allows them to legally operate motor vehicles in New Mexico. Therefore for the maximum economic benefit to the state from non-citizens, it is in the interests of New Mexico to allow all New Mexicans, citizens or not, to operate motor vehicles legally.
2) Not allowing non-citizens to have drivers’ licenses does not cause them to leave New Mexico. If our goal is to reduce the economic impact of non-citizens on the state of New Mexico, taking away drivers’ licenses does not help, for the reasons stated above.
3) Not allowing non-citizens to have drivers licenses does not cause non-citizens to no longer be able to drive cars, they just are now driving illegally and without any form of testing. Law enforcement has already argued in favour of allowing non-citizens to have licenses because it reduces the number of illegal and unsafe drivers on the road.
Martinez lost this one because of her being a rookie, bad advice or complete lack of understanding of Tim Jennings.
She could have easily had Jennings along with the votes he could have brought along with other conservative D’s.
She transformed herself into Bill Richardson right before Tim Jenning’s eyes! She attacked the Legislature, tried to intimidate and had no leverage to back it up. Nothing makes Tim see red more when someone acts like the former Governor. Martinez acted like Bill and got the same treatment.
Rookie move.
And by the way…my money says Tim will be around a lot longer than Martinez. He is truly beloved in Roswell and if she continues to attack Tim…she will just be digging herself a deeper hole.
Hopefully she will learn from her mistakes.
@Hays
“…were approved by the voters. Nonsense”
Really? Are you really trying to argue that the people of New Mexico do not want this law repealed?? The support for repealing the law is so overwhelming that even Diane Denish supported the repeal.
Your post is the perfect expression of the type of elitism that offends so many New Mexicans. This type of “it’s not a real issue….it’s just emotional” was the same argument used by many of the same politicians (especially Michael Sanchez) to oppose Megan’s Law, banning child pornography, etc. The translation to your post is, “people might support this effort, but that’s just because regular people are not as me……” It’s the same type of talk wanna-be-intellectuals make every time they find themselves on the wrong side of an issue.
There is no credible argument that giving driver’s licenses to illegal immigrants is good policy and the people of New Mexico get the joke.
A very astute observation wedum59. In fact this vote record is very useful for voters to see who cares about NM and our real citizens, as well as our reputation and standing in the nation, and who is pandering to partisan political agendas and special interests. This vote will be a true voters guide, liberals vs. concerned, rational Senators, very simple black and white here.
We’ll see what happens to Jennings, et al in 2012.
Martinez’s post-elecction logic is that of all winning candidates: I got elected; ergo, everything which I campaigned for and everything which I secretly intended to do were approved by the voters. Nonsense. Moreover, the legislation advocated by the Governor pandered to some people’s emotional problems which find expression in political hostility and repression far more than it addresses a significant social or legal problem.