Serving Clovis, Portales and the Surrounding Communities
Serving Clovis, Portales and the Surrounding Communities
A soon-to-be law that bars New Mexico citizens from using their state driver’s licenses to enter federal facilities has raised the eyebrows of some state residents and legislators.
As of Jan. 19, New Mexico driver’s licenses alone will no longer allow access to military installations, such as Cannon Air Force Base.
The federal REAL ID Act, issued into law by Congress in 2005 after the September 2001 terrorist attacks, was put into place to “set standards for the issuance of sources of identification, such as driver’s licenses,” according to the Department of Homeland Security, which sets and reviews these standards.
New Mexico has received extensions for having to comply, but those expire next month.
CAFB officials said the change will not impact many.
“Those who have a military ID, that’s a federally approved form of identification. Civilian employees would have a common access card, which is also a federally approved form of identification,” said Public Affairs Spokesman Eric Pilgrim. “The REAL ID Act only limits people seeking unescorted access. Individuals designated to drive on base with a non-compliant state ID or driver’s license will need to present a federally approved credential.”
But such credentials can be as simple as a social security card, said Pilgrim, adding that outside contractors who work on base will be handled on a case-by-case basis. But those seeking a pass will also need to present a federally approved identification.
“We are still working with our leadership to finalize our specific plan,” Pilgrim said. “Obviously, our number one priority is to safeguard the well being of our airmen and their families. All of this is to ensure that those living on and moving around the base stay safe, including guests.”
The website listed the following forms of identification as meeting minimum REAL ID Act standards for DOD installation access:
• Transportation Worker Identification Card
• United States Passport
• Permanent Resident Card/Alien Registration Receipt Card (Form I-551)
• Foreign passport with a temporary (I-551) stamp or temporary (I-551) printed notation on a machine readable immigrant visa
• An employment authorization document that contains a photograph (Form I-766)
• Current/valid driver’s license (must contain photo, name, DOB, gender, height, weight, eye color and address) — must be from a Real ID Act compliant state
• ID card issued by Federal, State, and Local Government Agencies (must contain photo, name, DOB, gender, height, weight, eye color & address)
• U.S. Coast Guard Merchant Mariner Legacy Cards
• U.S. Coast Guard New Merchant Mariner Credential
According to the DHS website, federal facilities the REAL ID Act applies to include restricted areas all the way from “areas accessible by agency personnel, contractors and their guests for DHS headquarters in Washington” to semi-restricted areas, such as “areas available to the general public but subject to ID-based access control for most federal facilities.”
New Mexico was denied an extension in September on the Oct. 10 deadline for enforcing the federal law.
“Although DHS recognizes the state of New Mexico’s efforts to enhance the security of its driver’s licenses and identification cards, New Mexico has not provided adequate justification for continued noncompliance with the REAL ID standards that would warrant granting your request for another extension,” read a September letter from DHS to the state.
However, in an October press release, the department stated that it “continues to work with noncompliant states to determine whether they will be eligible to receive extensions ... DHS will allow for a three month grace period before the expiration of current extensions become effective.”
According to a Dec. 8 story in the Albuquerque Journal, Taxation and Revenue Secretary Demesia Padilla said REAL ID compliance requires New Mexico to make a number of changes to the driver’s licenses themselves and to the system of issuing them, which means after New Mexico enacts legislative changes that make the state REAL ID-compliant, drivers will have to get new licenses.
New Mexico’s three-month grace period for being in compliance with the law is coming to a close with the law going into effect on Jan. 19.
Contrary to many citizens’ concerns, New Mexico driver’s licenses are valid for boarding flights in the U.S., according to state Sen. Stuart Ingle, R-Portales.
“There’s a lot of misinformation,” Ingle said.
“Federal ID will not negate anyone’s ability to fly. The main thing that we have to get across here is that the Jan. 10 deadline does not apply to getting on airplanes.”
DHS said in its October press release that the department “plans to announce the schedule for any changes to air travel requirements by the end of the year” and will give the public "at least 120 days" notice before changes are made affecting travel.
New Mexico is not in compliance with the REAL ID Act because it issues driver’s licenses to undocumented immigrants.
“We need to fix the driver’s license situation in New Mexico. It needs to say that you’re a true citizen of this country,” Ingle said, adding that New Mexico Gov. Susana Martinez has tried her best to stop issuing driver’s licenses to non-citizens.
“It’s also critical to ensure undocumented immigrants can continue to drive legally. It’s simply unsafe and unwise to have thousands of unlicensed drivers on the road,” said Sen. Tom Udall, D-N.M. “The state Legislature needs to find a solution that ensures New Mexico drivers’ licenses will be valid for federal purposes so that workers who need their driver’s licenses to enter federal facilities can get to work.”
On the 'Net
The following websites give further information on the REAL ID Act:
