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 News from Around the Americas | May 2005 
Cities Can Still Honor Consular Cards From Mexico
 Howard Fischer - Capitol Media Services
| | Gov. Janet Napolitano vetoed a bill that would have banned state and local governments in Arizona from accepting ID cards issued by Mexican consulates. |
Phoenix, AZ - Gov. Janet Napolitano refused Friday to block Arizona communities from honoring the Mexican consular identification card.
Napolitano, in her 43rd veto of the session, said the legislation would have unintended consequences. The biggest, she said, is legal visitors could find themselves unable to get services from a police officer.
"Arizona draws tourists and businessmen and women from around the world, it hosts thousands of foreign nationals every day who are lawfully present here for a variety of productive reasons," Napolitano wrote.
"To say that Arizona law enforcement agencies cannot rely on, for example, a British passport for the purpose of identifying a London tourist makes no sense and inappropriately hampers law enforcement's effectiveness."
But Sen. Dean Martin, R-Phoenix, said Napolitano "obviously didn't read the bill."
Martin pointed the legislation he crafted contains an exception when "required by treaty." He said those treaties the United States has with foreign countries requires that each nation honor the other's passports.
The legislation does not actually refer to the Matricula Consular which the Mexican consulate issues to citizens of that country who are in Arizona, regardless of their legal status here. Instead it bars state and local officials from recognizing any document unless it was issued by a state or federal authority or Indian tribe and is verifiable by law enforcement or homeland security agency.
But proponents made it clear during debate that they were angered that some communities, including Chandler, Mesa, Scottsdale, Tempe, Phoenix, Tucson, have agreed to honor these consulate cards when presented by people needing certain public services. These range from having water turned on to getting a library card or a city business license.
That fact did not escape Napolitano.
"The Matricula Consular is accepted by 32 other states, as well as by hundreds of private businesses, including banks and utilities, across Arizona," the governor said.
"Without the ability to accept this form of identification, Arizona law enforcement officers will be unable to confirm the identities of foreign nationals who are stopped for any reasons," Napolitano continued. "This means, for example, that police would be unable to determine whether such a person is wanted for any crimes."
Martin said the problem with the consular card is not that it can be forged. He acknowledged the Mexican government has done things designed to make it more tamper proof.
But he said consular offices issue the card to applicants who present other identification which is easily forged like Mexican birth certificates.
Martin said the consular card, unlike a passport, is not covered by treaty.
Napolitano, in rejecting the bill, also said that if the consular card becomes useless for municipal services, people will be encourage to obtain forged IDs and social security cards on the black market.
"Ironically, this could lead to increased incidences of persons applying for state and local public benefits to which they are not lawfully entitled" following voter approval last year of Proposition 200. That measure denies certain public benefits to people who are neither citizens nor legal residents. |
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