by Douglas Tallman | Staff Writer

ANNAPOLIS — After a late-night scramble for a compromise, lawmakers passed a measure Monday that would give applicants for a Maryland driver's license until 2015 to prove they are in the country legally.

The legislation, which has become a beach head in the immigration debate, drew criticism from both sides. Immigrants' advocates called it inhumane; others called it flawed.

"I believe that lawful presence is something that will not go away. And I believe that if there is immigration reform, as I believe there will be in this administration, that a person's driver's license or state-issued ID will be the primary identification that demonstrates prima facie evidence of lawful presence," Gov. Martin O'Malley (D) said at a State House press conference.

The approval, in the final hours of the 2009 General Assembly session, puts the state in compliance with the federal Real ID Act, a 2005 law that requires U.S. agencies to accept only identification cards that meet certain standards. The state was bumping up against a Dec. 31 deadline to come into compliance, or risk having state residents unable to board airplanes or enter federal buildings.

Under the bill, all license applicants after June 1 will have to present appropriate identification to prove they are in the country legally or receive a license that is not federally compliant. Though licenses typically last five years, these would expire on July 1, 2015.

After July 1, 2015 all applicants for a Maryland driver's license must present proof of lawful presence in the country.

The decision also ends months of jockeying between the legislature's two chambers. The House of Delegates favored a two-tiered system, which grandfathered in current license holders who lacked proof of legal presence. The Senate supported more stringent limits.

Had the legislature failed to pass any measure, O'Malley hinted that he might call a special legislative session.

Del. Ana Sol Gutierrez (D-Dist. 18) of Chevy Chase insisted the bill was unnecessary because the state could work with the Obama administration and the U.S. Department of Homeland Security to work out changes in the regulations.

"This was terrible. This has been pushed down our throat," she said.

Conservative senators insisted the bill would open the state to immigrants seeking asylum.

"Everyone east of the Rockies knows you've got until June 1st to get a driver's license in Maryland," said Sen. Andrew P. Harris (R-Dist. 7) of Cockeysville, adding that "this is an amnesty for every illegal."

The bill passed the Senate, 30-16, and the House, 76-60. Had the House vote gotten a three-fifths supermajority, the measure would have qualified as "emergency legislation" and taken effect April 19. Now, the effective date is June 1.

Staff Writers Sean Sedam and Alan Brody contributed to this report.