RUMFORD - Responding to recent votes by selectmen in Mexico and Rumford, a spokesman for Gov. John Baldacci said Wednesday both boards misunderstand the purpose of an executive order Baldacci issued in 2004 regarding illegal aliens or undocumented immigrants.

The order, Baldacci spokesman David Farmer said, grants illegal aliens the right to report the abuse of a child or other loved one without fear of being deported, but it does not have anything to do with whether they should be given driver's licenses. The order also does not allow illegal immigrants to access state services or benefits, including Maine Care, welfare or food stamps.

"The order is so people don't have to be afraid they will be deported if they report abuse," Farmer said. "So they will have equal protection under the law."

People in Mexico and Rumford urged selectmen to ask the governor to rescind the order believing it allows illegal aliens to get driver's licenses, a form of identification they can then use to access state services.

But the law that allows driver's licenses to be issued isn't subject to the executive order, and even if the order were rescinded the law wouldn't change, Farmer said. That's an issue for the Legislature where a bill will be heard today before the Transportation Committee that could strengthen residency requirements, Farmer said.

"No executive order about anything can overrule laws on the books, except in a state of emergency," Farmer said.

Selectmen in Rumford and Mexico recently voted to send Baldacci a letter in opposition to the order to quell the perception that Maine is a so-called "sanctuary state" where illegal or undocumented immigrants can get state benefits.

A driver's license is only a form of identity and not proof of citizenship, Farmer said.

"To get any benefits, they have to prove their legal status. Federal law requires that," Farmer said. "People have mixed that up."

Rumford resident Len Greaney disagrees. He placed a request before Rumford selectmen last week asking them to write the letter to the governor asking to rescind the order.

The board unanimously agreed.

In January, selectman in neighboring Mexico did the same thing, at the request of former Selectwoman Monique Aniel.

Aniel told Mexico officials, "Because of this (order), thousands of people from unknown origin have applied for Maine driver licenses. Essentially, anybody can go to a state service agency, ask for benefits and receive them without any proper legal document."

That simply isn't the case, said Farmer, who added that driver's license regulation is handled by the secretary of state, who is elected by the Legislature, which also writes the laws governing driver's licenses.

But Greaney said he still plans to take similar requests to the selectmen of other nearby towns.

Greaney and Aniel have also said they may start a petition calling for the order to be rescinded.

Farmer said the issue is confusing but concerns should be voiced to the Legislature, which has the ability to change the law.

"This is a confusing issue and I've been through it a bazillion times," Farmer said. "But the secretary of state is not in the executive branch."

Farmer also said he simply doesn't understand why Greaney and Aniel are so concerned about illegal aliens in Mexico and Rumford, but noted illegal immigration has become a hot topic nationally so wasn't surprised by the concern.

"They are trying to solve a problem they don't have," he said.

Greaney said nobody knows how many undocumented residents or illegal aliens reside in the 10 towns that make up the River Valley.

"We don't know because we can't ask questions," he said.

"If you have a driver's license, questions won't be asked, you could get residency, can vote, because a license is a key thing for (voter) registration," Greaney said.

Still Farmer said the governor can't order the Legislature to do something.

"An executive order cannot overrule law, and it can't supercede federal law," Farmer said.

Greaney said the bill before the Transportation Committee is receiving substantial resistance in the Legislature.

When Aniel spoke before Rumford selectmen, she said Mexico had written a similar letter three years ago.

"We're going back now," Aniel said. "The governor and the Legislature are not protecting us. As selectmen, you are a voice."

Farmer said he was not aware of any other towns in the state asking the governor to rescind the 2004 executive order.

Regional editor Scott Thistle contributed to this report.