New Mexico's "Immigrant Safety Act," set to take effect May 20, is running up against the federal government.
The Department of Justice has sued the state to prevent enactment of the immigrant protection House Bill 9, passed by lawmakers in February, which would prohibit public entities from contracting with federal immigration authorities to house detainees. The Justice Department is seeking a preliminary injunction to prevent the law from taking effect.
Rep. Andrea Romero, D-Santa Fe, a sponsor of the bill, cited data showing only 30% of those currently in ICE detention have criminal convictions.
"We know that the vast majority of people in there have never committed a crime in their life," Romero pointed out. "We're spending millions upon millions of dollars a day to just let people sit in cages. It absolutely is unconscionable, what's going on right now."
Albuquerque and its mayor, Tim Keller, also are named in the lawsuit, which alleges the citywide “Safer Community Places Ordinance” infringes on the federal government’s ability to enforce immigration laws. The city ordinance bars ICE agents from using public spaces, such as libraries, schools, hospitals and churches as staging areas for tracking down undocumented immigrants.
In its court filing, the Justice Department said House Bill 9 would irreparably harm the state's Otero County, home to a private, for-profit immigration detention facility operated under contract with ICE. County officials have voted to extend their contract to continue operating the facility, defying the recently passed state law.
Romero believes most New Mexicans want to see immigrant families protected.
"It's a tough time to see this practice continuing in New Mexico with what we know New Mexicans really want and deserve," Romero emphasized.
Otero County officials said if enacted, the new law would result in the loss of nearly 300 jobs and force the county to sell its detention facility. While the legislation passed in the Senate with a 24-15 vote, all Republican lawmakers were opposed, noting it could economically hurt rural communities where centers are located.