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 adds that 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.

The Mexican-American Legal Defense Fund and Albuquerque law firm Freedman Boyd filed suit last week on behalf of four state legislators and a Silver City woman. They argued that the program, which asks foreign nationals with driver’s licenses to verify their New Mexico residency in person with the Motor Vehicle Department in Albuquerque or Las Cruces, violated the state and federal constitutions’ guarantees of equal protection and that Gov. Martinez lacked authority in issuing an executive order effectively asking foreign nationals to reapply for driver’s licenses.

Meanwhile, Gov. Martinez’ office remained sanguine: “This procedural step is fairly standard as the court examines the residency certification program,” Martinez spokesman Scott Darnell said in a statement.

Gov. Susana Martinez directed TRD by executive order to send out letters to 10,000 of the estimated 85,000 foreign nationals with driver’s licenses asking them to come to Albuquerque to verify that they are still residents of New Mexico. About 2,000 have had appointments and about half have shown valid proofs of residency, according to state officials. MVD has since set up a second office for residency verification in Las Cruces.

The suit was filed on behalf of four state legislators and a woman from Silver City. They argue that the program violates the state and U.S. Constitutions on equal protection grounds since it targets a specific group of people. In addition, they argue that the program would need legislative approval, because it effectively asks some people to reapply for a driver’s license.

Martinez, who made the license issue a big part of her 2010 campaign and has unsuccessfully pushed the legislature to change the law, disagreed with the lawsuit.

“This out-of-state group may believe that New Mexicans do not have a right to know who is residing within their borders, and as such, they may not have a problem trying to protect the illegal immigrants who have come to New Mexico from throughout the country to get our driver’s license and leave,” Martinez Spokesman Scott Darnell said in a statement. “But New Mexicans have a decidedly different point of view, and so does Gov. Martinez.”

Pat Rogers, a lawyer for the state GOP, said he hired the men on behalf of the New Mexico Victory 08, part of the Republican Party of New Mexico. The Mexican- American Legal Defense and Education Fund is seeking a restraining order on Rogers’ activities, arguing they constitute voter intimidiation. The hearing is continuing today.