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.

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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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