State lawmakers must educate residents on consequences of opposing federal Real ID Act

New Mexico House members voted 46-17 on Thursday to oppose a federal law that requires applicants for driver’s licenses to show proof of legal residence or citizenship.

House Joint Memorial 13, sponsored by Majority Leader Ken Martinez, D-Grants, now goes to the Senate for consideration.

New Mexico is one of several states that allow undocumented immigrants to get driver’s licenses as a way of decreasing the number of uninsured motorists on the streets.

The 2005 Real ID Act set several federal requirements for state-issued driver’s licenses, but proof of legal status is by far the most controversial. A handful of states have or are in the process of formally opposing the act.

Creating a compliant identification system is an unfunded mandate that analysts say will cost New Mexico $13 million to implement and $6 million annually to maintain.

Controversy aside, House Minority Whip Dan Foley, R-Roswell, made a great point during yesterday’s debate. He opposes the act as an unfunded mandate.

However, the problem with opposing it, Foley said, is that while the federal act doesn’t require states to adopt it, driver’s licenses issued by states that don’t do so won’t be valid forms of identification for boarding airplanes, entering federal buildings or doing other things that require a federally recognized form of identification beginning in March 2008.

“Every one of us are going to be getting calls from our constituents saying, ‘How come I can’t board a plane in Albuquerque? How come I can’t open a bank account? How come I can’t get on a train? How come I can’t get into a courthouse? How come I can’t get on Kirtland Air Force Base or Cannon Air Force Base or White Sands Missile Range?’” the Las Cruces Sun-News quoted Foley as saying.

Foley is right. It is sometimes necessary for a state legislature to take a stand against federal action based on principle but, if lawmakers are going to do it in this instance, they need to also fund a campaign to educate New Mexicans about the consequences of their actions and explain what they need to do to obtain a form of identification that will serve as a replacement for federal purposes.

For example, am I really going to need a passport to board a plane in El Paso to get to Denver for the Democratic National Convention in August 2008?

Make sure we know the answers to such questions.

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