About Me

My photo
Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

Translate

Thursday, January 19, 2012

A New Fight on Licenses for Illegal Immigrants

New York Times: It is legislative season in New Mexico, which means it is time once again to debate whether illegal immigrants should be granted driver’s licenses.

For the third straight session, Gov. Susana Martinez, a Republican, will be pushing to repeal a nearly decade-old law that allows New Mexico residents who are in this country illegally to obtain the licenses.

Debate over the issue has not only bitterly divided lawmakers in the state — one of only two that permits illegal immigrants to get the same licenses as citizens — it has also become a recurring theme of Ms. Martinez’s tenure.

This year’s legislative session, which convened Tuesday, promises to be no different as both sides gear up for another contentious battle over the issue.

“The policy of giving driver’s licenses to illegal immigrants, which nearly every other state has repealed or opposed, leads to fraud, human trafficking, organized crime and significant security concerns,” said Scott Darnell, a spokesman for Ms. Martinez, who gave a nod to the repeal efforts in her State of the State address on Tuesday.

“The issue has been debated long enough; it doesn’t take much time for lawmakers to vote to repeal this dangerous law,” Mr. Darnell said.

But opponents are vowing to beat back the first-term governor’s latest efforts, and say her fixation on the issue has spawned an environment of fear among immigrants in New Mexico.

“I think voters are pretty tired of this issue,” said Marcela Díaz, executive director of Somos Un Pueblo Unido, a New Mexico immigrant advocacy group. “We know New Mexicans care about jobs and the economy and not wedge issues and this kind of political posturing.”

Supporters of the current policy say it helps reduce unlicensed drivers and fosters cooperation between law enforcement and immigrants. A coalition of groups plans to converge on the State Capitol here on Tuesday to protest the proposed repeal.

Aside from New Mexico, Washington State also allows illegal immigrants to have driver’s licenses. Utah allows illegal immigrants to get a driving privilege card, but the document cannot be used as government identification.

It is still unclear if this year’s bill has the votes to pass the New Mexico Legislature, which is controlled by Democrats. Last year, repeal legislation cleared the House but was defeated in the Senate, and efforts to revive the bill in a special session failed.

But there are rumblings that some lawmakers who have opposed the repeal might change their minds.

“We have an election coming up,” said State Representative Andy Nuñez, an independent from Hatch and the bill’s sponsor. “I think legislators will take into account that if the majority of their constituents tell them to vote for it, I think they’re going to vote for it.”

Mr. Nuñez cited a 2010 poll in The Albuquerque Journal that found 72 percent of New Mexican voters surveyed did not support the current law.

Still, this year’s debate promises to be particularly heated. Over the summer, Ms. Martinez’s administration sent 10,000 letters to foreign citizens with New Mexico driver’s licenses, seeking proof of residency. The letters followed a rash of scams aimed at getting local licenses for immigrants living outside the state.

About a third of the letters were returned as undeliverable, raising suspicion of fraud, Mr. Darnell said.

A state judge temporarily halted the program after the Mexican American Legal Defense and Educational Fund filed a lawsuit claiming the review was unconstitutional. Arguments are expected this year.

Last week, the legal defense group filed a separate lawsuit in state court on behalf of a woman who worked at the Motor Vehicle Division in Albuquerque. The woman claimed she was not allowed to translate the letters for Spanish-speaking foreign citizens and said she was fired after complaining about how the immigrants were treated.

“It’s incredibly divisive, and on top of that, it also has created an atmosphere of hostility for many New Mexicans with lawful status and without lawful status,” said David Hinojosa, the group’s Southwest regional counsel, of Ms. Martinez’s repeal efforts.

Demesia Padilla, secretary for the New Mexico Taxation and Revenue Department, characterized the lawsuit as being filed by a political special interest group “in their quest to defend a policy of giving driver’s licenses to illegal immigrants that most New Mexicans find to be indefensible.”

In a statement, she said the woman’s claims were false and described her as a part-time employee with a poor work record.

Mr. Nuñez said that he planned to introduce the driver’s license repeal bill this week.

No comments: