ABQJOURNAL OPINION/GUEST_COLUMNS: This Driver's License Bill Isn't the Answer

Friday, March 11, 2011

This Driver's License Bill Isn't the Answer

By Rep. Bill O'Neill
Democrat, Albuquerque
          It has been an intense week in the House chamber of our state Legislature — razor-thin voting margins: unprecedented parliamentary procedures, three calls of the House for three consecutive days. At the heart of events was the politically and emotionally charged issue of issuing driver's licenses to foreign nationals. It is an issue that has been brewing ever since the onset of last year's election campaign.
        I heard many voters voice concern during my re-election campaign. I am as concerned as anyone about New Mexico being a staging ground for illegal immigration. The stories I have heard from my constituents, read in the paper or watched on the news are absolutely chilling. That is why I introduced House Bill 346 to help curb criminals using our existing licensing requirements to commit fraud.
        Our floor debate on the driver's license issue was respectfully heated, but parliamentary maneuvering by both parties made the process increasingly frustrating. I had major problems with some of the specifics of my colleague Rep. Andrew Nuñez's House Bill 78 (restricting licenses to legal residents), and, like many of my colleagues, I welcomed the opportunity to discuss those concerns. My name was on the board to speak on the specifics of the bill for hours, but time ran out before I got the chance, and the vote was called.
        In part because I was not in the Legislature when it passed, if I had been given the opportunity to directly engage my colleague on the floor, I would have asked him his reasoning for voting for the original 2003 legislation that he now wanted to entirely reverse. What about the public safety issue — has that magically gone away in eight years, the reason that I presume he voted for the 2003 bill? What of the notion of having uninsured and undocumented foreign nationals driving their children to school, driving themselves to work — in short, being unleashed on our highways without the ability to attain insurance?
        I was not given an opportunity to have that discourse and had to make the decision after over six hours of deliberation. I voted with my convictions. I made what I felt was a hard, responsible decision.
        The heart of the matter is that House Bill 78 was well-intentioned to be sure, but seriously flawed. For example, if HB 78 were to pass, the husbands, wives and children of many of our state's foreign-born engineers at our various national labs would be at immediate risk of being deported. HB 78 would also add a burden to all our senior citizens. New Mexico residents over 65 who wish to exchange their driver's license for an ID card would be lumped into the same category as "illegal immigrants" and would have to go through the same bureaucratic steps to prove their legitimate residency. The administrative cost of HB 78 remains unknown, and it still does not place us in full compliance with the Real ID Act of 2005.
        Since the vote, I have borne a great deal of criticism as a result of my vote. It is somehow assumed that I embrace the status quo and that I do not feel a legislative remedy is warranted. I have received many e-mails and letters from impassioned constituents questioning my vote and political stance. I do not take lightly any input from my constituents. However, I am committed to the safety of our public as well as clamping down on fraud.
        Immigration policy is a federal issue, and we all can acknowledge this responsibility has not been met by our federal government. Hence we find ourselves, along with other states, grappling with the results of this abdication of responsibility. The good news here in New Mexico is that there is still time enough in our legislative session for both parties to come together and send a smart and effective driver's license bill to Gov. Susana Martinez to sign.

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