SENATE MEMORIAL 32

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Rod Adair

A MEMORIAL

URGING THE GOVERNOR TO DEPLOY THE NATIONAL GUARD IMMEDIATELY TO NEW MEXICO'S SOUTHERN BORDER IN AN OPERATION CALLED "OPERATION PROTECTING NEW MEXICO'S BORDERS" PURSUANT TO HIS CONSTITUTIONAL DUTIES AS COMMANDER IN CHIEF OF THE MILITARY FORCES OF THE STATE TO PRESERVE THE PUBLIC PEACE.

     WHEREAS, illegal immigration continues to increase as aliens from south of New Mexico's borders continue to cross into New Mexico; and

     WHEREAS, the ability to protect the security of the nation is called into question when the flood of undetected and undeterred aliens entering the country through southern New Mexico continues unabated; and

     WHEREAS, Article 5, Section 4 of the constitution of New Mexico vests the power of the commander in chief in the governor and calls on the governor to "call out the militia to preserve the public peace, execute the laws, suppress insurrection and repel invasion"; and

     WHEREAS, the border of the United States can only be as secure as the international boundaries of the states; and

     WHEREAS, emergency action to protect New Mexico's southern border is not hasty but is instead a conservative and cautious step to preserve the national security;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the governor be urged to deploy the national guard immediately to New Mexico's southern border in an operation called "operation protecting New Mexico's borders" pursuant to his constitutional duties as commander in chief of the military forces of the state to preserve the public peace; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor and to the president of the United States of America.

- 2 -