A judge is allowing Republican Gov. Susana Martinez's administration to move ahead with a limited investigation to determine whether some immigrants with New Mexico driver's licenses still live in the state.

District Judge Sarah Singleton on Tuesday decided that some residency checks can continue, although she's putting on hold the administration's broad plan for potentially certifying the licenses of tens of thousands of foreign nationals, including those living illegally in the country.

The judge said she will issue an injunction to block the program pending the outcome of a lawsuit brought by the Mexican American Legal Defense and Education Fund.

Singleton said she had problems with the state's decision to require 10,000 foreign nationals with New Mexico driver's licenses to verify in person that they still live in the state.

The judge said the Motor Vehicle Division must show "good cause" — as required in the state motor vehicle code — that the foreign national receiving the letter has committed some type of fraud. Otherwise, sending a letter to them solely on the fact that they were born in another country does not stand, she said.

"I do not believe this is a neutral classification," Singleton said, adding that "a lot" of the selected foreign nationals probably also "have brown eyes."

Singleton argued that both citizens and noncitizens alike "are covered by the equal protection clause."

New Mexico is one of only three states — the others are Washington and Utah — where an undocumented immigrant can get a driver's license because no proof of citizenship is required. However, Utah's permits cannot be used as government ID cards.

Martinez wants the Legislature to repeal a 2003 law that allows illegal immigrants to get driver's licenses. She contends the state has become a magnet for license fraud and out-of-state immigrants who come to New Mexico only to get licenses and then leave.

More than 80,000 licenses have been issued so far to foreign nationals, although the state is uncertain how many went to undocumented immigrants because it doesn't ask applicants about their immigration status.

To help detect possible license fraud, the state mailed notices this summer to a random sample of 10,000 foreign nationals, saying they must schedule appointments and submit documents proving they still live in New Mexico. The administration had planned to expand the certification program to more foreign nationals if it determined there were widespread problems.

Under the judge's decision, the state can't expand the license certification program and send out more notices requiring immigrant licenseholders to make appointments and submit documents proving they still live in New Mexico. The administration also won't be able follow up and try to verify why the state didn't get responses to some 4,200 letters.

However, the judge will allow the state to investigate some pending cases to determine whether licenseholders remain New Mexico residents, and it's possible the administration will be able to take action to try to cancel licenses if it finds evidence that people fraudulently obtained a license.

Taxation and Revenue Department Secretary Demesia Padilla, who was present at the hearing, said she was pleased with Singleton's decision because "it gives us a green light to investigate fraud that exists."

There's a disagreement between lawyers for the administration and MALDEF over the scope of the investigation that will be allowed. The judge may be forced to resolve the dispute next week, when she plans to issue the injunction sought by MALDEF to stop the program while the lawsuit moves ahead.

Until an order is issued next week, the judge has put all parts of the program on hold.

According to Julia Belles, general counsel for the Taxation and Revenue Department, 3,275 letters have been returned for various reasons, but only 150 have been marked with information that the addressee had moved out of state, had no forwarding address, was living out of the country or never lived at that address.

"The court's ruling acknowledges that serious cases of potential fraud have been uncovered as a result of the residency certification program, and that these cases deserve a thorough investigation," said Scott Darnell, a spokesman for Martinez.

David Hinojosa, southwest regional counsel for MALDEF, said the judge's ruling will stop the administration's "fishing expedition."

The group's lawsuit contends the certification program violates constitutional protections by unfairly singling out certain licenseholders, including many Hispanics.

Hinojosa said MALDEF will ask the judge to limit the administration's investigation and prevent it from using information gathered from certification notices, which the group views as unlawful. He contends the administration so far hasn't provided evidence of fraud among the roughly 3,000 notices that were returned as undeliverable.

David Urias, attorney with Freedman, Boyd, Hollander, Goldberg, Ives & Duncan, a law firm working with MALDEF, said a former employee of the Motor Vehicle Division center in Albuquerque was terminated for raising concerns regarding how Latino immigrants were being treated during in-person interviews.

According to Urias, the employee asked why MVD employees weren't allowed to translate for the licenseholders and also asked why only non-Latino immigrants were allowed to return home and bring back more documents to prove their residency.

Urias also stated following Tuesday's hearing that the former MVD employee said center managers led meetings in which they made comments such as, "Our goal is to deny as many licenses as possible in order [to] provide evidence for the governor."

Santa Fe resident Roberto Sánchez, 38, said he considered Tuesday's hearing as fair. He is one of the 10,000 people who received letters last month.

"I don't have any issues proving my residency," Sánchez said outside the court complex in downtown Santa Fe. "The majority of us are willing to demonstrate that we are not committing any fraud."



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