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New Mexico judge rules state must have good cause to investigate residency of foreign nationals

A New Mexico district court judge ruled that the Martinez administration can continue its investigation into the residency of foreign nationals holding driver’s licenses, but must show “good cause” for doing so. Judge Sarah Singleton said the state cannot send out more letters to determine the residency of other foreign nationals who have driver’s licenses or follow up as to why some 4,200 did not respond to letters, but may continue investigations when there is “good cause” for fraud. She said that investigating solely on the basis of nationality violated the Equal Protection Clause for citizens and noncitizens alike.

Jul 31, 2020
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A New Mexico district court judge ruledthat the Martinez administration can continue its investigation into the residency of foreign nationals holding driver’s licenses, but must show “good cause” for doing so.
Judge Sarah Singleton said the state cannot send out more letters to determine the residency of other foreign nationals who have driver’s licenses or follow up as to why some 4,200 did not respond to letters, but may continue investigations when there is “good cause” for fraud. She said that investigating solely on the basis of nationality violated the Equal Protection Clause for citizens and noncitizens alike.
The New Mexican addsthat there’s some disagreement between the Taxation and Revenue Department and the Mexican-American Legal Defense Fund as to the scope of the review. The judge will meet with the groups next week to resolve differences.
Camilo Wood

Camilo Wood

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