Bingaman wants review of how Arizona law will affect New Mexicans

By Heath Haussamen • 4/29/10, 4:55 pm

U.S. Sen. Jeff Bingaman, D-N.M., has asked Attorney General Eric Holder to examine how Arizona’s new immigration law will affect New Mexicans traveling through that state.

The law requires police officers in Arizona to verify the immigration status of people with whom they come in contact if they have “reasonable suspicion” that someone is in the United States illegally.

The problem for New Mexicans? The law states that a person can demonstrate legal status by providing an Arizona-issued license, a tribal identification card or a federal, state, or local government identification card – if the entity requires proof that the person is in the United States legally before using the ID card.

New Mexico is one of several states that don’t require people to prove they are in the United States legally to obtain a driver’s license or identification card.

“Residents of states that do not require individuals to demonstrate legal status, such as New Mexico, could be detained by police while their citizenship or immigration status is verified,” Bingaman wrote to Holder, according to a news release.

“For New Mexicans, and the residents of similarly situated states, the detention and investigation required to check a person’s status would likely be much more than a brief check of a driver’s license during a traffic stop,” Bingaman wrote. “This could result in the detention of U.S. citizens based on a suspicion standard which has been interpreted as articulable facts that amount to little more than a hunch.”

Bingaman wrote that it would be “troubling” if New Mexicans and residents of other states in a similar situation – such as Hawaii, Utah, Washington and Maryland – had to carry U.S. passports or other proof of citizenship to travel through or visit Arizona.

The U.S. Department of Justice is currently reviewing the legality of the controversial new Arizona law.