Governor (R) Susana Martinez’s administration ordered authorities to reverify the physical residency of foreign nationals who hold New Mexico driver’s licenses. But Sarah Singleton, District Court Judge,  issued a temporary restraining order blocking the program, arguing  that “irreparable injury” would occur from “constitutional deprivations to the applicants.”

Many states have passed laws to curb illegal immigration in recent years but have had key parts blocked by federal courts.New Mexico is one of three states (plus Utah and Washington) that allow illegal immigrants to obtain driver’s licenses if they show proof of residency. Other states bordering Mexico — Arizona, California and Texas — do not.

Some officials fear the state’s lenient driver’s license rules were making New Mexico a magnet for illegal immigrants from out-of-state seeking licenses unavailable to them where they live. They say the measure would cut down on fraud.

Opponents argued that the initiative unfairly singles out individuals based on whether they were born in the United States. The Mexican American Legal Defense and Educational Fund, which had sued to block the governor’s move, welcomed the injunction as an important protection for the rights of all New Mexicans, especially those it said were unfairly targeted.

“MALDEF will continue to fight throughout this legal process to obtain a final end to this licensing scheme and to restore the rule of law,” Martha Gomez, a staff attorney for MALDEF, said in a statement.

A spokesman for Governor Martinez said the restraining order was a “fairly standard” procedural step as the court examines the residency certification program.

“In the absence of the legislature acting to put an end to the program that provides driver’s licenses to illegal immigrants, the governor has the responsibility to identify and attempt to curb the dangerous fraud and identity theft that is inherent in it,” Scott Darnell told Reuters.

“The Governor continues to fight alongside the overwhelming majority of New Mexicans who feel that granting driver’s licenses to illegal immigrants is a dangerous policy that has led to fraud and abuse as nonresidents are trafficked or travel to New Mexico for the sole purpose of getting a driver’s license and leaving,” he added.

Source: Reuters