Will New Mexicans need a passport to fly?

ALBUQUERQUE (KRQE) - The Department of Homeland Security is demanding a response from New Mexico about compliance with the Real ID Act by Monday, October 15th. 

The act is supposed to go into effect on January 15, 2013.

Governor Susana Martinez says the fact that New Mexico is issuing driver's licenses to illegal immigrants is preventing the state from meeting the requirements of the act, but it goes beyond driver's licenses.  There are 39 areas that states must comply with under the act,  New Mexico's only hitting 16 of those requirements.

According to the governor, New Mexicans could not use their state driver's license to board a plane and they would have to have a passport. Also, state driver's licenses could not be used as an ID to get into federal facilities like Sandia National Labs and LANL.

Wednesday, the governor sent a letter to the Secretary of Homeland Security and Janet Napolitano, asking two questions.

The letter asks if January 15, 2013 is a firm deadline and a description of how New Mexico citizens would be impacted.

"This notion that New Mexicans should be scared because they don't have a license is a publicity stunt on behalf of the governor," Democratic State House Representative Antonio "Moe" Maestas said. 

The state's Secretary of Tax and Revenue, Demesia Padilla responded by saying this has nothing to do with politics, but says New Mexico's imposing on other states because of our weak laws.  Padilla cited case after case of people coming to New Mexico to get a driver's license and then leaving immediately.

Congress enacted the Real ID act in 2005, after recommendations from the 9/11 Commission. It has been extended every year since 2007.