A state judge has blocked Republican Gov. Susana Martinez's administration from requiring some immigrants to recertify their driver's licenses and verify whether they continue to live in New Mexico.

District Court Judge Sarah Singleton issued an order Wednesday temporarily halting the license-verification program while it's being challenged in court.

A lawsuit was filed last week against the administration's plan to check a random sample of 10,000 licenseholders who are foreign nationals to determine their residency. People who receive notices must schedule an in-person appointment.

New Mexico is one of only three states — the others are Washington and Utah — where an illegal 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.

A hearing to determine whether to grant a preliminary injunction has been set for Sept. 13. The Mexican American Legal Defense and Educational Fund and the Albuquerque law firm of Freedman, Boyd, Hollander, Goldberg, Ives & Duncan filed a lawsuit Aug. 24 seeking to put a stop to the "Residency Certification Program."

The firm's David Urias said that he's hoping Singleton will extend the restraining order indefinitely.

Urias argues that the program singles out people based on where they were born. "The entire program is unconstitutional," he said. "It's an attempt by the executive branch to do what the legislative branch does, which is to make legislation. The executive branch doesn't have the authority to do that."

Marcela Diaz, executive director of the immigrants-rights group Somos Un Pueblo Unido, charged, "The re-verification program is noting more than a bullying tactic that intimidates and threatens people for no reason. This [temporary restraining order] will come as a relief to many families who couldn't comply with this absurd program. New Mexico needs our leaders to agree on a sensible license policy, not one that unnecessarily and unfairly targets immigrant families who have gone through the proper channels to get their license."

Martinez spokesman Scott Darnell said via email that Wednesday, Aug. 31, was the last day of regularly scheduled appointments for residency certification.

Singleton's decision to issue the temporary restraining order was not a complete surprise, he added.

"This procedural step is fairly standard, 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," Darnell wrote.

Santa Fe resident Lizette Marquez, 26, said she received a letter a few days ago and alerting her that she must visit a Motor Vehicle Division office to prove her residency. Getting to an MVD center in Albuquerque was going to be "an inconvenience," she said, because her vehicle is not in a condition to be driven that far. Although she has a current driver's license and is a Santa Fe High School and University of New Mexico graduate, her matrícula consular, an identification card issued by the Mexican consulate, has expired. It would have taken time, money and trips to Albuquerque to renew it, she said.

Marquez immigrated to the United States from Chihuahua, Mexico, with her parents when she was 8. She's lived in Santa Fe since then.

"I've had [the license] since 2003." she said. "I went through the process already. And then I changed my license when I turned 21, so I've been there. This is just creating doubt and chaos in our community."

Marquez said she and her family were afraid to show up at the MVD office, since it's a public space and there are no guarantees that U.S. Immigration and Customs Enforcement officers would not show up, she said.

Gov. Martinez has said many times, however, that ICE would not be called.

New Mexican staff writer Sandra Baltazar Martínez contributed to this story.



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