Real ID threat from Homeland Security might not be entirely true

The Department of Homeland Security made huge waves in October when it wrote a letter to New Mexico saying it had rejected the state’s waiver for REAL ID compliance and that New Mexicans would need passports or other REAL ID-approved identification to access federal buildings. But it turns out that might not be the case.

Read the DHS letter here.

State Democrats and Republicans have sparred heavily over the issue in the five or so weeks since, blaming one another for failing to pass bills during the last legislative session that would have solved our state’s compliance issues. SB 653 – cosponsored by a Democrat and Republican – did pass the Senate with large bipartisan support, but died in the House. A House-sponsored bill died in the Senate.

Democrats have accused Gov. Susana Martinez of holding the measures hostage in order to keep undocumented citizens from getting driver’s licenses in New Mexico, and she and fellow Republicans have accused Democrats of purposely stalling their efforts to come into compliance in order to allow the continued issuing of licenses to undocumented citizens.

But a group of legislative researchers showed KOB Wednesday what they say is proof that many New Mexicans may not be affected whatsoever by the January deadline Homeland Security says will prevent people from entering federal facilities or flying.

Sen. Daniel Ivey-Soto, D-Albuquerque, offered spreadsheets that show how government owned federal buildings, such as federal courthouses, will continue to accept New Mexico driver’s licenses.

And it’s actually spelled out in the REAL ID Act itself, which says there is “no requirement to produce a REAL ID Act compliant ID to enter a Federal facility for accessing health or life preserving services….law enforcement, participating in constitutionally protected activities…voting or registering to vote, or applying for or receiving Federal benefits…”

Read the federal laws that spell out more of those conditions here.

In addition, Los Alamos National Laboratories says its usual procedures will remain in place, which state that most workers are required to have a Department of Energy-issued badge, and those who don’t have to be escorted by someone who does.

At Sandia National Labs, people with current badges can use their current ID, while other must use alternative IDs.

Cannon, Holloman and Kirtland Air Force bases all say they are awaiting further guidance from the Department of Defense.

Sen. Ivey-Soto and his fellow Democrats say the governor’s administration should have been pointing that out.

“It just seems like the governor is taking advantage of this opportunity to make it political and, unfortunately, to create a lot of fear,” he said.

Senate Majority Leader Michael Sanchez, D-Belen, told the Santa Fe New Mexican Wednesday the governor and her administration are “misleading” New Mexicans by saying they have to get passports by Jan. 10.

“That’s an absolute lie,” he told the New Mexican, saying Martinez was “fear mongering.”

Gov. Martinez has said she will not call a special session to resolve the matter. Her spokesman, Michael Lonergan, told KOB in part Wednesday the governor is following “official guidance from the federal government on this issue,” and said she “has been working to resolve this problem year after year.”

Regardless, in the short term, Sen. Ivey-Soto says New Mexicans shouldn’t panic.

“What’s really important for people to understand, though, is that you do not need to rush out and get a passport,” he said.

KOB has made numerous attempts over the past month to speak with Homeland Security to clear up any confusion, but have not heard back.

We’re still unsure exactly how airports might be affected, but as it is, a New Mexico driver’s license should still be a valid form of identification with the TSA until sometime in April 2016.

This story was originally published at KOB.com