Judge blocks NM governor on immigrant driver licenses

[Dave]

Another judge that thinks that judges are suppose to have the power to make law... which of course is wrong. The "irreparable injury" is being put on the legal residents of New Mexico (and many other states) for having to support those that don't want to follow the law. Some day people on the other side of the issue will wake up... sadly, it probably wont be anywhere near soon enough.

 

SANTA FE, New Mexico (Reuters) - A New Mexico judge on Wednesday blocked a move by the state's Republican governor to make it harder for illegal immigrants to keep driver's licenses in the state.

Governor Susana Martinez's administration last month ordered the state to reverify the physical residency of foreign nationals who hold New Mexico driver's licenses in order to get or keep their licenses.

But District Court Judge Sarah Singleton in Santa Fe issued a temporary restraining order blocking the program, arguing in a brief ruling that "irreparable injury" would occur from "constitutional deprivations to the applicants."

Martinez, a former prosecutor who made a crackdown on illegal immigration the centerpiece of her election campaign, issued the requirement after a bill to ban licenses for illegal immigrants died in the state legislature earlier this year.

A number of U.S. states have passed laws to curb illegal immigration in recent years -- there an estimated 11 million illegal immigrants in the United States -- but have had key parts blocked by federal courts.

New Mexico is one of three states -- with 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 of the recertification process, however, have argued it 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.

(Reporting by Tim Gaynor; Editing by Cynthia Johnston)

http://news.yahoo.com/judge-blocks-mexico-governor-immigrant-driver...

[easymoney]

Activist judges have been doing this for years, against the wishs  of the voters. How many times has calif. voted against gay marriage, only to have a judge over-rule the vote. Look at the bull in Wisc. and Ohio.

Libs will try to win at all costs.

Same  sh-- , different day.

[Dave]

SANTA FE, N.M. — Chanting “Jesus was an immigrant,” advocates greeted state lawmakers Tuesday as they returned for a special session that could consider a proposed repeal of a law that lets those illegally in the country get New Mexico driver’s licenses.

About 60 protesters and advocates, bused in from southern New Mexico by the group Border Network for Human Rights, lobbied lawmakers and presented a petition signed by 5,000 residents to Gov. Susana Martinez.

Outside the Capitol, about 150 tea party members held a counter-protest in support of the Republican governor’s plan to repeal the driver’s license law.

Martinez added the issue, along with a number of others, to the call for the special legislative session on redistricting. She wants to repeal the law over fears that it jeopardizes public safety and attracts illegal immigrants who fraudulently claim to live in the state only to get ID cards that make it easier to stay in the country.

Advocates, however, said the law allows more drivers to be insured in the state and helps law enforcement obtain needed safety data. They said the fraud cases Martinez often cites for reasons to change the law are isolated.

They also said less than 5 percent of New Mexico drivers are in the country illegally.

Alberto Lino, 32, of Las Cruces, N.M., said he came to Santa Fe to talk to lawmakers on the benefits of the current law. Disabled and bound to a wheelchair, Lino said he can’t drive.

“But my wife, who is undocumented, can,” said Lino. “Without this law, we can’t get around and we won’t have insurance. This helps us and the rest of the state.”

Adriana Cadena, alliance director of the Border Network for Human Rights, said the attempt to repeal the law was part of a larger campaign to target immigrants.

“It goes against the diversity of the state,” she said.

Outside the Capitol building, Linda Sedillos, 59, of Albuquerque, N.M., took part in the tea party rally and held a sign that expressed support for Gov. Martinez.

“Illegal is illegal,” said Sedillos. “It’s not a race issue. I’m Hispanic. I just think (the law) makes us unsafe.”

A repeal of driver’s license law failed in the state Senate during the 60-day legislative session earlier this year.

State Rep. Andy Nunez, I-Hatch, a sponsor of the repeal, said he believed the law has a better chance of passing this time due to all of the press coverage around the issue.

Nunez said he, as a Mexican-American, took offense to critics who charged that the repeal effort was based on race.

“This is not just about Mexicans,” said Nunez. “It’s Russians. It’s about Poles. It’s about people coming here illegally.”

Nunez said that since the law’s passage in 2003, he had seen a number of immigrants trying to use all sorts of fake documents to obtain driver’s licenses.

New Mexico is one of three states — including Washington and Utah — where illegal immigrants can get a driver’s license because no proof of citizenship is required. Utah’s permits cannot be used as government ID cards.

Another immigrant rally was planned Thursday in Santa Fe by another immigrant advocacy group, the Santa Fe-based Somos Un Pueblo Unido.

http://www.washingtonpost.com/national/groups-protest-session-over-...

[Willy]

The liberals keep failing to call these people illegal. They use all sorts of terms to dodge the truth. One truth that is not being talked about is the fact that if someone has a drivers license they can register to vote. How nice that an illegal can come into this country and be allowed all the benefits paid for by the taxpaying citizens and on top of that are allowed to vote. Those that support illegals are trying to undermine our society and security. They are sick people.

[XLFD]

I hope Max can comment on this thread, our goodwill ambassador from southern New Mexico.  Has anyone heard from him lately, I remember he did have some health issues recently?  Failing that, does anyone know what the composition of NM's legislature is? 

If they keep blocking similar measures in that state, it might just become 'New Mexico'.

[Sweater Cows!]

At least if they get a drivers license they will had to have passed a test that proves at minumum they know the driving rules. Better i guess than just driving around with no license at all and never being thru drivers ed or even having the temp permit or taking a written test.

 

But the premise the judge used is wrong.

[XLFD]

Good points, but is there any better premise she (the judge) might have used in reaching the same conclusion?   When a jurist can reach such an odd conclusion using constitutional rights and vague notions as 'irreparable injury for loss of the privilege of driving' then perhaps our laws have become too numerous, burdensome, and conflicting. 

As necessary as trimming the excess from government budgets, we need to be also trimming the excess from legislative lawbooks, thereby trimming the excess from activist judges and power-hungry executive branchers.

   

[Willy]

One does not reward an illegal with a benefit such as a drivers license just so we can be assured they know how to drive. Like I said, with that drivers license comes a whole parcel of benefits given out by the State because their residency has been established. Instead of a drivers license how about having a licensed deputy haul their butts to jail and then back to where they came from.