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New Mexico Immigration Laws

New Mexico is among the most immigrant-friendly states. It has no statewide sanctuary law but its largest cities (Albuquerque and Santa Fe) have sanctuary ordinances limiting cooperation with federal immigration enforcement. New Mexico was one of the first states to grant driver's licenses regardless of immigration status. The state provides in-state tuition to undocumented students and does not mandate E-Verify. Professional licenses are available regardless of immigration status.

Last verified: 2026-02-25

Key New Mexico Statutes

Driver's Licenses for All ResidentsN.M. Stat. Ann. § 66-5-9

New Mexico issues driver's licenses to all residents regardless of immigration status. Applicants must provide proof of identity and New Mexico residency. Licenses issued to those without verified SSN/immigration status are not REAL ID compliant but are valid for driving.

In-State Tuition (SB 582)Laws 2005, ch. 194 (SB 582)

Since 2005, undocumented students who attended and graduated from a New Mexico high school are eligible for in-state tuition at public colleges and universities. DACA recipients are also eligible.

Opportunity Scholarship ActLaws 2022, ch. 51 (SB 140)

The Opportunity Scholarship covers tuition costs for New Mexico undergraduates at public institutions pursuing certificates, associate degrees, or bachelor's degrees. Undocumented students who meet residency requirements are eligible.

No Statewide E-Verify MandateN/A — no statute

New Mexico has no statewide E-Verify requirement. Employers are not required to use the federal E-Verify system beyond standard federal I-9 obligations.

Sanctuary City OrdinancesLocal ordinances (Albuquerque, Santa Fe)

While New Mexico has no statewide sanctuary law, Albuquerque and Santa Fe have sanctuary ordinances that limit local law enforcement cooperation with federal immigration enforcement and provide workplace protections for undocumented employees.

Professional Licensure AccessN.M. Stat. Ann. § 61-1-31.1

New Mexico allows individuals to obtain professional and occupational licenses regardless of immigration status in most occupations.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at NMOneSource — New Mexico Statutes. For advice about your specific situation, consult a licensed attorney.

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