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Today, the New Mexico House of Representatives gave final legislative approval to the Driver Privacy and Safety Act (SB 40) by a vote of 42-22, sending the landmark privacy bill to the governor for her signature. This legislation establishes New Mexico’s first statewide regulations for Automatic License Plate Reader (ALPR) data, ensuring that location information isn’t weaponized against residents for seeking legal healthcare, exercising constitutional rights, or for federal immigration enforcement.
The bill’s passage is the culmination of years of advocacy from a broad coalition of civil rights, healthcare, and immigrant rights organizations. SB 40 is championed by Senate Majority Leader Peter Wirth, Senators Cindy Nava, Heather Berghmans, and Micaelita Debbie O’Malley, alongside Representatives Christine Chandler, Marianna Anaya, and Cristina Parajón.
ALPR systems capture the time, date, and GPS coordinates of every vehicle that passes them. While these tools have legitimate public safety applications, a lack of statewide oversight has allowed New Mexicans’ data to be shared widely without protection against misuse. This lack of regulation has been documented in thousands of instances where out-of-state agencies searched New Mexico data for terms like “ICE” or “immigration,” or used the technology to track individuals seeking reproductive healthcare and monitor peaceful protesters.
Under SB 40, New Mexico agencies are prohibited from sharing ALPR data with out-of-state third parties unless they receive a formal affirmation that the data will not be used to:
- Prosecute healthcare activities that are legal in New Mexico.
- Enforce federal immigration laws.
- Target activities protected by the U.S. Constitution, including First Amendment-protected speech and assembly.
Importantly, the bill allows New Mexico law enforcement to continue utilizing ALPR technology for local public safety purposes. Throughout the legislative process, various state and local law enforcement agencies expressed support for the bill, recognizing the importance of establishing clear privacy guardrails to maintain public trust.
With the House’s passage, SB 40 now moves to Governor Michelle Lujan Grisham to be signed into law.
Advocates across the state celebrated the House’s passage and urged the governor to sign the bill as quickly as possible:
“New Mexico has a long and proud tradition of protecting immigrant families and rejecting fear-based surveillance and disclosure of sensitive personal information such as immigration status,” said Marcela Díaz, executive director of Somos Un Pueblo Unido. “SB 40 closes a critical gap in New Mexico’s privacy laws that has put immigrant drivers directly in harm’s way. The Senate’s vote sends a clear message: New Mexico will not allow driver data to be used as a pipeline to immigration enforcement. This is how we keep families together and communities whole.”
“Today’s vote is a monumental victory for every New Mexican who believes that our private lives shouldn’t be subject to unwarranted surveillance or sold to the highest bidder,” said Tatiana Prieto, policy advocate at the ACLU of New Mexico. “By passing the Driver Privacy and Safety Act, the legislature has finally established the common-sense guardrails needed to ensure our data isn’t weaponized against our families by outside authorities. Whether someone is driving to work, to school, or to a doctor’s appointment, they deserve to do so with the peace of mind that their privacy is protected under the law. We now urge Governor Lujan Grisham to sign this landmark bill into law and make these essential protections official for all New Mexicans.”
“Today, the Driver Privacy and Safety Act was passed. Families and workers in New Mexico should be able to drive safely and with peace of mind, without fear that their personal data will be collected or sold to monitor, criminalize, or target them. This is a tangible victory for our working communities, who rely on their cars to get to work, take their children to school, and care for their families,” said Fabiola Landeros, Civil and Immigrant Rights Organizer at El CENTRO de Igualdad y Derechos. “This achievement is a direct result of the tireless efforts of our members, allied organizations, and immigrant leaders across the state, who raised their voices and organized to demand dignity, privacy, and justice. When our communities come together, we achieve real change that protects those who keep New Mexico running.”
“This is a deeply meaningful victory for our communities,” said Carolina Carrillo, Statewide Community Organizer for The Semilla Project. “For too long, families have lived with the fear that everyday activities like driving to work, taking their children to school, attending a doctor’s appointment, or visiting a park could expose them to surveillance and harm. SB 40 changes that. Privacy is about dignity. It is about freedom of movement. It is about ensuring that immigrant families, workers, patients, and people exercising their rights are not targeted through unchecked data sharing. SB 40 makes clear that real safety comes from protection, not fear.”
“With Senate Bill 40 heading to the Governor, New Mexico is taking an important step to protect survivors and the communities that support them,” said Jess Clark, Director of Prevention, New Mexico Coalition of Sexual Assault Programs. “How data is collected and used can determine whether survivors feel safe asking for help – especially for historically excluded communities who face higher rates of violence. Stronger privacy protections mean fewer barriers to care and less risk of retraumatization.”
“New Mexicans believe deeply in the wellbeing of each other and our communities. Passing SB 40 continues in the value of wellbeing by safeguarding our privacy,” said Kat Sanchez, Policy Director of Bold Futures. “Individuals can get the care they need without the burden of their driving location or information shared and possibly misused. SB 40 ensures regulations of the license plate data that is collected in our state. We urge the Governor to sign this important legislation.”
“In my community, families drive long distances every day – to work, to school, to church, to doctors’ appointments. Driving isn’t a luxury for us. It’s survival,” said Santiago Gonzalez, 16, an NM CAFe youth leader from Chaparral. “For families like mine, trust in government is fragile. When people feel like their movements are being monitored or shared beyond our state, that trust disappears. Passing SB 40 sends a different message – that New Mexico values both safety and civil rights.”
“The Driver Privacy and Safety Act is about protecting the safety and dignity of all New Mexicans, especially those most targeted by discrimination and political violence,” stated Arturo Castillo, CVNM Director of Equity and Culture. “People deserve the basic freedom to participate in their communities without threat of surveillance or retribution, including advocating or protesting for the values and causes they believe in. CVNM applauds the legislature for making SB 40 law, and doing all they can to protect our people in these unprecedented times.”
“Driving to work, taking our children to school, seeking medical care, showing up for one another, these ordinary acts of daily life should never become sources of fear. With SB 40 now headed to the Governor’s desk, New Mexico is affirming something fundamental about who we are. We are a state that understands privacy as inseparable from dignity, that knows public safety must never come at the expense of constitutional rights, and that believes protecting our neighbors ultimately strengthens us all,” said Jessica Martinez, director of policy and coalition building, New Mexico Immigrant Law Center.
