MVD ID Requirements Questioned
A temporary restraining order was filed against the New Mexico Motor Vehicle Division requesting that the agency suspend its practice of illegally denying driver's licenses and state IDs to eligible residents.
According to a press release from the New Mexico Coalition to End Homelessness and Somos Un Pueblo Unido, a temporary restraining order was filed in state district court against the New Mexico Taxation and Revenue Department and the Motor Vehicles Division last week. The order requests that the MVD stop denying ID applications to eligible residents until a class action lawsuit filed earlier this year is resolved.
The two groups filed the lawsuit against the MVD in January, claiming the department failed to implement a state law set in place in 2016 which gave residents the option of applying for a second-tier license instead of the federally-approved Real ID compliant driver's license. The optional identification cards—a driver’s authorization card and state ID that does not meet federal standards—were made available to non-citizens or those who were unable to comply with Real ID requirements. However, the suit filed in January claimed that MVD employees were asking for more documentation than is required by the new law, including a social security card.
If granted, the injunction will force MVD to halt the observance of “illegal regulations,” notify all residents who were denied a card in writing of the reason for their denial and record and preserve the name and mailing address of anyone whose application is denied.