New Mexicans can now more easily access identification cards

New Mexico has a two-tiered driver’s license system that gives New Mexicans the choice to opt in or out of the federal REAL ID Act requirements. However, the Motor Vehicles Division was illegally denying access to the REAL ID alternative by requiring unnecessary and burdensome paperwork. MVD also illegally denied licenses and IDs without informing people that they could appeal a denial.

On behalf of New Mexicans illegally denied the second tier licenses and IDs, the New Mexico Center on Law and Poverty along with Somos un Pueblo Unido, New Mexico Coalition to End Homelessness, the ACLU-NM, and Freedman Boyd Hollander Goldberg Urias & Ward PA sued the state and the MVD ultimately agreed to a settlement.

After filing for a temporary restraining order, the MVD immediately eliminated the illegal requirement to get a non-REAL ID and agreed to notify families about the appeals process. The final settlement agreement requires MVD to train workers, provide accurate informational materials to the public and on its website, and to engage in a public information campaign to notify New Mexicans of the new requirements.

You can find a press release about the victory here: http://nmpovertylaw.org/2018/08/new-mexicans-prevail-in-drivers-license-lawsuit/

The settlement agreement can be found here: http://nmpovertylaw.org/17-stipulated-order-2018-08-15/

New Mexicans prevail in driver’s license lawsuit

SANTA FE, NM – On Tuesday, civil rights groups and homeless advocates announced a settlement agreement reached in a lawsuit against the New Mexico Taxation and Revenue Department and the Motor Vehicles Division that requires the state to properly implement its two-tiered driver’s license law and take much-needed steps to ensure New Mexicans can more easily access to an alternative to the federal REAL ID as state legislators intended.

“Everyday New Mexicans came out on top today,” said David Coss, former mayor of Santa Fe and lead plaintiff in the lawsuit filed in January. “I look forward to finally obtaining my state license knowing that other people won’t have to go through the difficult and frustrating process I did. I believe that government should create opportunities for residents to get ahead, not barriers that get in their way. This settlement ensures fewer barriers and restored access to these essential documents.”

The lawsuit Coss v. Monforte challenged the MVD’s regulations governing the issuance of non-REAL ID driver’s licenses and identification cards, including the illegal practices of requiring proof of an “identification number” and not providing adequate due process to applicants who were denied a credential. The roll out of those regulations caused many applicants across the state to be wrongly denied a license or ID, and in countless cases, it triggered multiple visits to MVD and other government agencies for additional documentation not required by law.

On Friday afternoon, Santa Fe First Judicial District Court Judge David K. Thomson signed the settlement agreement between MVD, organizational plaintiffs and individual plaintiffs delineating what the MVD must do to have the case dismissed with prejudice.

Under the settlement agreement, the MVD will:

  • No longer require proof of an identification number, such as a social security number, to apply for a Driving Authorization Card (DAC) or non-federally compliant identification card.
  • Implement new regulations that will only require proof of New Mexico residency, identity and age for a non-REAL ID credential.
  • Expand the list of acceptable documents to show proof of New Mexico residency, identity and age.
  • Inform applicants who are denied a DAC or non-federally compliant identification card on the basis of a fingerprint background check of the reason for the denial, evidence the applicant can provide MVD to resolve the denial and information on how to appeal a denial and the timeframe for doing so.
  • Provide additional training to MVD clerks and public information regarding the new rules and policies.

In 2016, New Mexico lawmakers created a two-tiered driver’s license system that gives New Mexicans the choice to opt in or out of the federal REAL ID Act. While the state law requires MVD to provide a REAL ID-compliant license or ID card to New Mexicans who can meet the federal government’s burdensome requirements, the MVD is also required to issue a non-REAL ID license or ID card to eligible applicants who do not meet the federal requirements or simply do not want a REAL ID.

The plaintiffs in the lawsuit included senior citizens, immigrants, and homeless New Mexicans who need a license or ID to go to work or school, obtain housing, medical care or other necessities.

Individual plaintiffs who were denied licenses and ID cards are joined by organizational plaintiffs New Mexico Coalition to End Homelessness and Somos Un Pueblo Unido in the lawsuit. David Urias of Freedman, Boyd, Hollander Goldberg Urias & Ward, P.A. is the lead counsel on the legal team that includes attorneys from Somos, ACLU-NM, and the New Mexico Center on Law and Poverty.

The defendants in the lawsuit are the NMTRD, acting Cabinet Secretary John Monforte, the MVD, and Acting Director Alicia Ortiz.

The following are additional statements from plaintiff organizations and the legal team:

“A broad coalition of community groups, public safety advocates and legislators has worked together over a 15-year span to ensure that all New Mexicans have the ability to apply for a license or ID, critical tools in navigating every day life,” said Marcela Díaz, Executive Director of Somos Un Pueblo Unido, an organizational plaintiff in the lawsuit. “The onerous and misguided federal REAL ID Act threatened our common sense licensing policies, but the Legislature pushed back and gave us a real alternative that meets the needs of New Mexicans. We are satisfied that through this agreement, citizens and non-citizens alike will have access to accurate information about the non-REAL ID license, as well as a more efficient process to obtain it.”

“This agreement is an important victory for New Mexicans experiencing homelessness,” said Hank Hughes, Executive Director of New Mexico Coalition to End Homelessness. “Obtaining an identification card is often the first step for someone who has lost everything, as they put their life back together. This agreement removes the unnecessary barriers that were in place with the old regulations.”

“We’re relieved the MVD has agreed to stop asking New Mexicans to provide unnecessary documentation in order to get a non-REAL ID license or ID,” said Sovereign Hager, legal director at the New Mexico Center on Law and Poverty. “MVD’s decision to comply with our state law benefits all New Mexicans, but especially families who do not have a stable place to live or consistent employment. An ID or driver’s license is a basic necessity to do just about anything. Without one, you can’t drive, fill a prescription, cash a check, find housing, or get job to support your family. We hope MVD will continue to work on common sense improvements that will streamline access to IDs and licenses for all New Mexicans.”

“We applaud the professionalism of MVD officials in hammering out this agreement with our organizations,” said Gabriela Ibañez Guzmán, staff attorney with Somos Un Pueblo Unido and co-counsel in the lawsuit. “The settlement represents a sensible solution that will benefit hardworking New Mexicans and ensure that people are not left without a driver’s license or ID.”

“The federal REAL ID was a bad law that imposed unnecessary identification requirements on New Mexico residents,” said ACLU of New Mexico executive director Peter Simonson. “In its wisdom, the Legislature passed a law to ensure compliance while also guaranteeing our most vulnerable residents have opportunity to continue access to a driver’s license or state ID and today’s settlement agreement allows that purpose to be fulfilled. That said, we believe there is more work to do to ensure New Mexico residents aren’t left out due to fingerprinting requirements and other obstacles.”

Groups seek immediate order to stop state’s illegal denial of non-REAL IDs to eligible New Mexicans

SANTA FE – Today, civil rights groups and advocates for people experiencing homelessness requested a temporary restraining order (TRO) in state district court against the New Mexico Taxation and Revenue Department and the Motor Vehicles Division to stop them from unlawfully denying Driver’s Authorization Cards (DAC’s) and non-REAL ID identification cards to eligible New Mexicans until a lawsuit filed earlier this year is resolved.

The lawsuit, Coss v. Monforte, filed in January of 2018, challenges MVD’s onerous and illegal regulations governing the issuance of non-REAL ID driver’s licenses and identification cards, including the illegal practices of requiring proof of identification number and not providing adequate due process to applicants who are denied.

“Every day New Mexicans go without a license or ID is another day where they are unable to cash their paycheck, pick up their prescriptions or lose a job opportunity,” said David Urias, lead attorney on the case. “While the court decides this important case, MVD should not be allowed to further endanger the livelihoods of countless working families by ignoring the law and overstepping their authority.”

The plaintiffs include senior citizens, immigrants, and homeless individuals who need a license or ID to go to work or school, obtain housing, medical care or other necessities, but were illegally denied an MVD credential without written notice detailing the reasons for the denial or information about how to appeal it.

Plaintiffs such as Charlie Maldonado Jr. lost a job offer because he could not present a valid ID that left him without a much-needed source of income that would have helped him exit homelessness. Similarly, Eulalia Robles lost two caregiving jobs because she could not present a valid driver’s license and was forced to forfeit her car. While other plaintiffs like former Santa Fe Mayor David Coss, Raúl Aaron Lara Martínez, Reyna Carmona and Elizabeth Lara find it much more difficult to take care of their families because they cannot legally drive.

“We continue to hear from people throughout New Mexico who are eligible under state law, but are still denied licenses or ID cards by MVD,” said Marcela Díaz, executive director of Somos Un Pueblo Unido (Somos), an organizational plaintiff in the case. “We also continue to receive reports from agencies that provide services to vulnerable New Mexicans like domestic violence survivors and people who are experiencing homelessness. These agencies are struggling to help their clients meet MVD’s illegal regulations. MVD’s regulations and practices are setting low-income New Mexicans back, and they must stop while our families get their day in court.”

“Time is of the essence for people who have been illegally denied a license or ID in New Mexico,” said Peter Simonson, Executive Director at the ACLU of New Mexico. “People are already losing work and falling behind on their bills. We cannot allow MVD to continue hurting hardworking New Mexicans while this case works its way through the courts.”

If granted, the injunction would require TRD, MVD, their employees, and their contractors, such as MVD Express, do the following:

  1. Halt implementing and enforcing illegal regulations that do not exist in the governing statutes for the DAC or the non-federally compliant ID card.
  2. Notify all New Mexicans previously denied a DAC or non-federally compliant ID card in writing to provide the reason for their denial and how to resolve their ineligibility, including those who underwent a background check.
  3. Record and preserve the name and mailing address of every New Mexican who applies for, but does not receive, a DAC or a non-federally compliant ID card moving forward.

“When a person who is working hard to exit homelessness is denied an identification card, they are almost guaranteed to stay homeless since they will not be able to get a job or rent an apartment without ID,” said Hank Hughes, executive director of New Mexico Coalition to End Homelessness. “We cannot wait, we need MVD to follow the law and give people a fair shot at getting an ID now.”

In 2016, Republican and Democratic legislators came together and created a two-tiered driver’s license system that gives New Mexicans the choice to opt in or out of the federal REAL ID Act. According to the law, the state must provide a REAL ID-compliant license or ID card to eligible residents who want it and can meet the federal government’s onerous requirements. An alternative non-REAL ID license or ID card for otherwise eligible applicants who do not meet the federal requirements or simply do not want a REAL ID, must also be made available.

The defendants in the lawsuit are the TRD, acting Cabinet Secretary John Monforte, the MVD and acting MVD Director Alicia Ortiz.

Individual plaintiffs who were denied licenses and ID cards are joined by organizational plaintiffs New Mexico Coalition to End Homelessness and Somos Un Pueblo Unido in the lawsuit. Urias of Freedman, Boyd, Hollander Goldberg Urias & Ward, P.A. is the lead counsel on the legal team that includes attorneys from Somos, ACLU-NM, and the New Mexico Center on Law and Poverty.

To view the Plaintiffs’ motion for injunction, click here: http://nmpovertylaw.org/tromotion/

Groups sue MVD for denying non-REAL ID licenses & ID cards to eligible New Mexicans

SANTA FE, NM – Today, civil rights groups and homeless advocates filed a class action lawsuit against the New Mexico Taxation and Revenue Department (TRD) and the Motor Vehicles Division (MVD) on behalf of New Mexicans who were illegally denied Driver’s Authorizations Cards (DACs) and non-REAL ID identification cards, charging that the state has failed to fully and correctly implement its two-tiered driver’s license law.

The requirement of unnecessary documentation for DAC’s and non-federally compliant ID cards has caused chaos at local MVDs and major confusion and frustration for applicants across New Mexico. The lawsuit challenges MVD’s onerous and illegal regulations governing the issuance of non-REAL ID licenses and identification cards, including the illegal practices of requiring proof of identification number and not providing adequate due process to applicants who are denied.

The lead plaintiff, Santa Fe’s former Mayor David Coss, was denied a DAC four times at his local MVD because he lost his social security card, which is not a requirement under the law.  Coss, whose long-held driver’s license has since expired, was also not provided an adequate process to appeal the denial.

“A driver’s license and ID card are not luxuries,” said Coss at Monday’s press conference. “I’m the primary childcare provider to my toddler grandchildren, and I drive them around town. I’m also the guardian of my 86-year-old father who suffered a stroke last year. I need my license to carry out my daily responsibilities. I followed the law and took my paperwork into MVD before my license expired but was turned away every time. I know I’m not the only New Mexican dealing with this nightmare.”

Individual plaintiffs denied licenses and ID cards are joined by organizational plaintiffs, New Mexico Coalition to End Homelessness, and Somos Un Pueblo Unido (Somos) in the lawsuit. David Urias of Freedman Boyd Hollander Goldberg Urias & Ward, P.A. is the lead counsel on the legal team that includes attorneys from Somos, ACLU-NM, and the New Mexico Center on Law and Poverty.

The plaintiffs include senior citizen, immigrant, and homeless individuals who need a license or ID to go to work or school, obtain housing, medical care or other necessities, but were illegally denied an MVD credential without written notice detailing the reasons for the denial or information about how to appeal it.

“It is quite common for people to lose their ID and other paperwork when they become homeless,” said Hank Hughes, executive director of New Mexico Coalition to End Homelessness. “Getting a new ID is essential for them as they get back on their feet. You cannot rent an apartment or even a motel room without an ID. We are asking MVD to follow the law and make it possible for people to replace lost or stolen IDs quickly.”

In 2016, Republican and Democratic legislators came together and created a two-tiered driver’s license system that gives New Mexicans the choice to opt in or out of the federal REAL ID Act. According to the law, the state must provide a REAL ID-compliant license or ID card to eligible residents who want it and can meet the federal government’s onerous requirements. An alternative non-REAL ID license or ID card for otherwise eligible applicants who do not meet the federal requirements or simply do not want a REAL ID, must also be made available.

“REAL ID was always a bad idea,” said Peter Simonson, executive director of ACLU-NM.  “The spirit of the 2016 bipartisan fix is not being honored. The Legislature understood just how difficult getting a REAL ID license would be for many New Mexicans. That is why legislators worked hard to ensure people had an alternative, especially vulnerable New Mexicans like people experiencing homelessness, Native Americans, undocumented immigrants, senior citizens and people living in in rural communities.”

“After a protracted six-year battle on driver’s licenses, the New Mexico Legislature voted to create an alternative to the REAL ID Act for all New Mexicans, not just immigrants,” said Marcela Díaz, executive director of Somos Un Pueblo Unido. “For over a year, we worked with allied groups throughout the state to educate the public about its rights and advocate for a better process at MVD. Everyone has done their job except this administration. Our goal with this lawsuit is to help resolve these issues quickly for all New Mexicans.”

“An identification card is a basic necessity to function in everyday life, but the MVD is illegally requiring unnecessary and overly burdensome documentation that most folks simply cannot come up with. The harm caused by the illegal requirements is compounded by the MVD’s failure to provide a way for New Mexicans to challenge an erroneous denial of driver’s license or ID card.” said Sovereign Hager, supervising attorney at the New Mexico Center on Law and Poverty. “The MVD should follow the law rather than wrecking the lives of people who need an ID to drive, support their families, and find housing.”

The defendants in the lawsuit are the TRD, acting Cabinet Secretary John Monforte, MVD, and acting director Alicia Ortiz.

Click here to view a copy of the complaint: http://nmpovertylaw.org/coss-v-monforte-january-2018/

Click here to view plaintif profiles: http://nmpovertylaw.org/plaintiff-stories-coss-v-manforte-lawsuit/