New Mexico is considering legislation this week that would change how citizens’ license plate information is shared. Senate Bill 40, the Driver Privacy and Safety Act, would prevent this information from being given to both public and private third parties.
The bill specifically aims to strengthen the privacy of New Mexicans does this by preventing license plate information from being used to prosecute those seeking gender affirming and reproductive care or participating in activities protected by the First Amendment, such as protesting.
It would also prevent the data from being used in Federal immigration enforcement.
With the current lack of regulation of this data and its use by ICE, Marcela Diaz of Somos un Pueblo Unido said this has people worried about being surveilled.
“It is not fair and it is threatening public safety, and it's making people afraid to live their lives normally under this Trump administration,” Diaz said.
There may be good reasons for this concern. The license reader technology was designed to help local police around the country solve crimes and locate suspects. But according to recent investigations by 404 Media and The Guardian, among others, some local law enforcement agencies have also been sharing this information with ICE and other federal immigration agents.
The Driver Privacy and Safety Act would make it illegal for outside entities to use license plate data from New Mexico cameras for any reason that’s outlined in the bill, including immigration enforcement. Diaz said this could help reduce the fear level for immigrants.
“Our folks in our community would feel more protected and more free to go about their daily business,” Diaz said. “Knowing that by just driving around in their daily lives, their information is not going to be registered and sold to law enforcement agencies.”
This includes people like Leticia, whose last name won’t be disclosed for privacy reasons. Her parents are immigrants, and with the current intensity of ICE operations, Leticia said she tries to be careful about how much she shares about her life and family.
“Sometimes I become more alert and become more careful on saying who are my friends or who are not,” Leticia said. “Because sometimes you do not know who you are putting at risk.”
Leticia said she’s uncomfortable with how license-plate readers can be used for immigration enforcement.
“In general, it does not seem like a good thing. We live in a time where the government already has a lot of access to us even if we want it to or not,” Leticia said. “It leaves people vulnerable and that does not seem fair that they have access to the images from the plate.”
Albuquerque Police, the Bernalillo County sheriff’s office, and even the company behind the license plate readers all support the bill.
Still, Senate Minority Leader William Sharer voted against the bill when it was in committee. He said that privacy and surveillance regulation is important to him, but the politics of the bill made his support stop short.
“Now they turned it into an immigration bill,” Sharer said. “Which irritated me when it should have been a privacy bill, and we all could have voted for it.”
However, on Thursday afternoon, Sharer seemed to have changed his mind. He joined Democratic Senators, along with 7 other Republicans, to pass SB 40 in the full Senate.
The bill now goes to the House for consideration.
Victor Martinez of the New Mexico News Port contributed to this report and the translation.
