46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO LAW ENFORCEMENT; PROHIBITING STATE AND LOCAL LAW ENFORCEMENT AGENCIES FROM DETECTING OR APPREHENDING PERSONS WHOSE ONLY VIOLATION OF LAW IS OF FEDERAL IMMIGRATION LAW; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 29-1-10 NMSA 1978 (being Laws 1966, Chapter 24, Section 1) is amended to read:

"29-1-10. LAW ENFORCEMENT AGENCIES--PARTICIPATION IN FEDERAL PROGRAMS.--[All state and local law enforcement agencies are hereby authorized to participate in the Federal Law Enforcement Assistance Act of 1965, Public Law 98-197.]

A. A law enforcement agency of the state or its political subdivisions shall not use state funds, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship who have entered or are residing in the United States in violation of federal immigration laws.

B. Notwithstanding the provisions of Subsection A of this section, a law enforcement agency may exchange information with the United States immigration and naturalization service in order to:

(1) verify the immigration status of a person if the person is arrested for a criminal offense; or

(2) request criminal investigation information with reference to persons named in service records.

C. For the purposes of Subsection A of this section, the labor department is not a law enforcement agency."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.