Gail Chasey
During the heated 2010 election, the Albuquerque Journal published results of a survey that showed a large majority of voters in favor of ending the practice of allowing “illegal immigrants” to get drivers’ licenses in the state. What if the question had been: Should foreign nationals pay the same car registration fees and be required to carry the same car insurance as N.M. residents?
I believe the majority of New Mexicans would have answered “yes.” But the debate was framed to play on people’s fears rather than focusing on reasonable differences and possible solutions.
Our governor calls the law dangerous, but it isn’t the law that’s dangerous – it’s the rhetoric. It divides us as a society.
Public safety
When the Legislature passed the law in 2003, public safety was the most compelling reason to do so. Law enforcement officials from throughout the state argued persuasively that public safety would improve greatly if all drivers in the state were licensed, insured and in the MVD database.
They also explained that investigating and solving crimes would improve if undocumented workers felt safe in coming forward as victims or witnesses. In a 4.5-hour hearing of the House Consumer and Public Affairs Committee, attended by more than 300 people, on Saturday, Feb. 19, 2011, testimony by victims’ rights organizations, the Santa Fe sheriff and chief of police overwhelmingly confirmed these benefits to public safety.
With a driver’s license, immigrants are more likely to do the following:
- Stay or render aid at the scene of an accident and exchange insurance information.
- Pay fines for traffic violations.
- Cooperate with investigations.
- Report incidents of domestic violence – because victims need a valid form of ID to go to court and request restraining orders.
Even more important, the law helps prevent DWI by requiring that all such individuals under the age of 25 take a DWI prevention course and pass an exam before they can apply.
The law also helps track crime. All law enforcement, including federal immigration agents, can access MVD records to obtain photos, information, and last known addresses for individuals with outstanding arrest warrants.
Benefits to the economy
Because immigrants can now buy auto insurance, the uninsured motorist rate has decreased and, as a result, car insurance premiums have dropped for all New Mexicans. In order to get a license, immigrants must obtain an IRS-issued Individual Tax Identification Number (I-TIN).
Immigrants, as a result, must file their federal income taxes. Immigrants also use the I-TIN to pay state income taxes, contributing millions to New Mexico’s tax base. In the last eight years, immigrants without social security numbers but with I-TINs have paid over $17 million in license and registration fees to MVD and $320 million in auto insurance premiums.
Since the law was passed in 2003, 83,000 drivers have taken the visual, written and road exams and registered their vehicles.
About fraud
It is true that the state must be vigilant about fraud and abuse related to the issuance of all drivers’ licenses, and particular attention must be paid to those applicants who do not have a Social Security number.
MVD has seriously tightened its regulations, making them far more rigorous. Recent reports of arrests for fraud and abuse suggest that the increased security is working. In fact, fraud has been detected in only 5 percent of MVD applications.
Consequences of repealing the law
Even if we change the law, these individuals will still drive. But they won’t have car insurance, and, as a result:
- Our rate of uninsured motorists would no doubt increase.
- Premiums for everyone would also likely increase.
- These individuals would be less likely to have ITINs and thus less likely to pay their state and federal taxes.
- They won’t be in the MVD database.
At the committee hearing, we were reminded by Allen Sanchez, executive director of the New Mexico Conference of Catholic Bishops, that Jesus was an immigrant, as was the Good Samaritan who showed compassion to Jesus. Mr. Sanchez also asked us to examine our consciences and ask ourselves if this debate is about fraud or really about who we want as our neighbor.
There is more to the story than any sound bite, robocall or edited video of a committee meeting can provide.
I stand by my vote.
Chasey, a Democrat, represents the Albuquerque-area District 18 in the N.M. House of Representatives. She is the Chair of the Consumer and Public Affairs Committee, and is a member of the Judiciary and Rules and Order of Business. Last week she voted against House Bill 78, which would have repealed the law permitting immigrants to apply for driving licenses.