Alex Ross
El Rito Media
aross@elritomedia.com
A ban on local governments entering contracts to house undocumented immigrants was headed to a vote on the floor of the New Mexico House of Representatives.
House Bill 9 was advanced out of the House Judiciary Committee on Wednesday, Jan. 28 on a 7-4 vote with all Democrats in support and Republicans voting against.
The vote came a week the House Consumer and Public Affairs Committee voted to support the bill, also along party lines. It will next be debated and voted upon by all 70 members of the House, and if passed by that chamber, will go to the Senate for consideration.
If HB 9 reaches Gov. Michelle Lujan Grisham’s desk, she will have until March 11 to sign or veto it.
The legislation, also known as the Immigrant Safety Act, would prohibit public bodies in New Mexico – such as counties, municipalities and school boards- from entering into agreements with U.S. Immigration and Customs Enforcement (ICE) and private contractors to house people on civil immigration violations.
Cibola, Otero and Torrance counties currently have such agreements where such detention centers operate, and HB 9 would force them to exit those contracts.
Similar proposals to block the agreements were introduced in past years, including during the 60-day session in 2025 where that year’s version passed the House but died in the Senate.
State Rep. Eleanor Chavez (D-26) of Albuquerque, one of the bill’s sponsors, pushed the proposal in response to concerns about conditions at New Mexico’s three facilities used to house undocumented immigrants.
But the proposal has taken on greater urgency this year as the tactics used by ICE and U.S. Customs and Border Protection in Minneapolis and elsewhere have sparked nationwide outrage.
Most recently a group of ICE agents shot and killed 37-year-old Alex Pretti during a demonstration in Minneapolis, inflaming tensions and leading to debate in the media on the agency’s tactics.
“We should be focused on taking care of our communities. We should refuse to continue propping up this mass detention center that puts so many people in harm’s way,” Chavez said.
Fernanda Bada, co-executive director of the New Mexico Dream Team, an immigrant advocacy group, said detention facilities were a danger to New Mexicans, and people who are undocumented that reside in the state.
“Our state has a choice. We can continue allowing detention centers to harm families and traumatize children, or we can pass the Immigrant Safety Act and choose dignity, families, safety and care,” she said.
Last week, Sen. Jim Townsend (R-34) of Artesia, sent a letter to the U.S Department of Justice, arguing H.B. 9 could violate the U.S. Constitution by running afoul of federal policy.
He urged the Department of Justice to publicly oppose H.B. 9 “to ensure that New Mexico does not enact legislation that conflicts with federal law and undermines federal supremacy.”
Leaders from communities where some of the facilities are located also expressed worry about closing or reducing operations at facilities they said provide jobs and economic benefit to rural areas.
Virgil Brummel, a member of Milan Board of Trustees, the governing body for the Village of Milan in Cibola County, said ending immigrant detention at the Cibola County Corrections Center would trickle down to several segments of his community.
“We’re going to close out this facility, and we’re going to lose a lot of jobs, and it’s going to trickle down into our school systems, which are already taxed, and we just can’t afford it,” he said
Bill prevents ICE from deputizing locals
At Wednesday’s hearing, Speaker Javier Martinez (D-11) of Albuquerque, who sits on the Judiciary Committee, introduced an amendment adding language to H.B. 9 to also block ICE from deputizing local law enforcement through contracts called 287(g) agreements.
Such agreements allow local law enforcement to be aid in immigration enforcement. Specifically, the amendment prohibits local agents from taking part in the investigation, detention, transportation or removal of people who are undocumented.
The committee accepted Martinez’s amendment on another 7-4, party-line vote.
“That is very important to me, because our law enforcement officers should not be doing the work of the feds,” Martinez said.
According to ICE’s website, the agency has 1,373 active “287(g) agreements” across 35 states. The only agreement that exists in New Mexico is with Curry County for a warrant service officer.
Opponent of the bill State Rep. Andrea Reeb (R-Clovis), whose district includes Curry County argued the county’s agreement only allows a specially trained officer to serve warrants to undocumented individuals housed in the Curry County Detention Center.
People suspected of immigration law violations are not housed there, but the agreement allows immigration warrants to be served by local police to inmates detained on other charges and found to be undocumented.
Reeb said blocking such an agreement and would hamper local law enforcement by not allowing police to work “even in a limited capacity” with ICE.
“I just feel like we’re doing something that could actually open a door to a worse situation,” Reeb said.
Legislative reporter Alex Ross can be followed on X @alexrosstweets.