New Mexico State Immigration Laws
Welcome to FindLaw's coverage of existing New Mexico legislation and rules related to individuals' immigration status. Below you will find information on what, if any, rules New Mexico has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Law Enforcement and Immigration in New Mexico
State police officers required to report arrestees who are unable to prove legal residence to federal immigration authorities.
As part of the 287(g) Immigration and Customs Enforcement (ICE) ACCESS Program, officers in the New Mexico Dept. of Corrections cooperate directly with federal authorities in the enforcement of immigration law.
Under a federal program called "Secure Communities," all arrestees are fingerprinted and run through a federal database which checks their criminal record and immigration status.
Refer to federal employment eligibility verification rules and the requirements for Form I-9.
New Mexico E-Verify Requirements
No state requirement
Driver's License/ID Requirements
Undocumented immigrants are eligible for a state driver's license or non-driver ID.
Foreign nationals with legal status must make an appointment (no walk-ins) to apply for a driver's license or state ID.
Public Benefits Restrictions
Under federal law, illegal immigrants are prohibited from receiving most public benefits. However, they are allowed to receive emergency services, health care and other programs that have been deemed "necessary to protect life and safety."
Voting ID Rules
No state-mandated voter ID requirement.
Housing Ordinances and Immigration