Today at 2pm, the Mexican American Legal Defense & Education Fund announces its decision to sue the state over its new, "unconstitutional" residency verification requirements for immigrants with driver's licenses.
State Reps. Miguel Garcia, D-Bernalillo, and Eliseo Alcon, D-Cibola, have signed onto the case, which will be filed in state district court.
Their argument: that singling out immigrants and foreign nationals and requiring them to re-verify their residency status amounts to unconstitutional discrimination. SFR reported on this idea last month.
Lead attorney David Urias of Freedman Boyd Hollander Goldberg Ives & Duncan could not be reached for comment Tuesday evening.
SANTA FE, NM -- On Wednesday, August 24, 2011, MALDEF and co-counsel Freedman Boyd Hollander Goldberg Ives & Duncan (Freedman Boyd) will announce the filing of a lawsuit against the Secretary of the New Mexico Taxation and Revenue Department, on behalf of a group of New Mexico legislators and residents of New Mexico. The lawsuit will seek to stop the implementation and execution of the so-called “Residency Certification Program.” The Program, which singles out a specific class of individuals for an onerous and wasteful exercise of state resources, was never authorized, ratified, or even considered by the State Legislature, and lacks statutory authority.
This lawsuitformally a petition for mandamus, which may be issued by the state district court to order a public official or agency to refrain from taking unlawful or unconstitutional actionsseeks to stop New Mexico Governor Martinez’s “Residency Certification Program” from unlawfully violating the rights of New Mexico residents and from doing an end-run around the will of the New Mexico legislature.