HOUSE BILL 1284
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Eric A. Youngberg
AN ACT
RELATING TO IMMIGRATION; REQUIRING STATE AND LOCAL LAW ENFORCEMENT TO ENFORCE FEDERAL IMMIGRATION LAWS; ALLOWING LAW ENFORCEMENT OFFICERS TO INQUIRE ABOUT A PERSON'S IMMIGRATION STATUS IF THE PERSON HAS BEEN LAWFULLY DETAINED; CREATING A NEW CRIMINAL OFFENSE KNOWN AS CRIMINAL TRESPASS BY AN ILLEGAL ALIEN; ENACTING THE EMPLOYMENT OF UNAUTHORIZED WORKERS ACT; PROHIBITING THE EMPLOYMENT OF PERSONS NOT AUTHORIZED TO WORK IN THE UNITED STATES; PROVIDING PENALTIES; CREATING THE INTERIM LEGISLATIVE COMMITTEE ON IMMIGRATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 29, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ENFORCEMENT OF FEDERAL IMMIGRATION LAW REQUIRED.--Law enforcement agencies of the state and its political subdivisions shall employ all lawful means, including use of state or federal funds, equipment, personnel or resources, to detect or apprehend persons of foreign citizenship who have entered or are residing in the United States in violation of federal immigration laws in Title 8 of the United States Code."
Section 2. A new section of Chapter 29, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] LAW ENFORCEMENT OFFICERS--IMMIGRATION STATUS INQUIRY.--A law enforcement officer of the state and its political subdivisions who lawfully detains a person based on reasonable suspicion that the person is engaged in or will engage in criminal activity may inquire about the person's immigration status."
Section 3. A new section of Chapter 30, Article 14 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CRIMINAL TRESPASS BY AN ILLEGAL ALIEN--PENALTIES.--
A. Criminal trespass by an illegal alien consists of a person entering or remaining upon public or private land in the state if the person is of foreign citizenship and has entered or is residing in the United States in violation of federal immigration laws in Title 8 of the United States Code.
B. Except as provided in Subsection C of this section, whoever commits criminal trespass by an illegal alien is guilty of a:
(1) misdemeanor upon a first conviction; or
(2) fourth degree felony upon a second or subsequent conviction.
C. A person who commits criminal trespass by an illegal alien is guilty of a third degree felony if, while in the commission of the crime, the person also commits:
(1) possession of a controlled substance pursuant to Section 30-31-20 NMSA 1978;
(2) unlawful carrying of a deadly weapon pursuant to Section 30-7-2 NMSA 1978; or
(3) unlawful sale, possession or transportation of explosives pursuant to Section 30-7-7 NMSA 1978."
Section 4. [NEW MATERIAL] SHORT TITLE.--Sections 4 through 8 of this act may be cited as the "Employment of Unauthorized Workers Act".
Section 5. [NEW MATERIAL] DEFINITIONS.--As used in the Employment of Unauthorized Workers Act:
A. "employer" means a person, including the state or a political subdivision of the state, who employs the services or one or more persons; and
B. "unauthorized worker" means a person of foreign citizenship who has entered or resides in the United States and is not authorized to be employed under federal law.
Section 6. [NEW MATERIAL] EMPLOYERS--VERIFICATION OF EMPLOYEES.--
A. An employer shall:
(1) make reasonable efforts to verify that the employer does not hire or employ an unauthorized worker; and
(2) comply with federal and state laws regarding a person's employment eligibility.
B. An employer shall discharge an employee if the employer discovers that the employee provided an invalid social security number to the employer, unless the employee provides a valid social security number or a legal and valid federal or state identification document to the employer no later than ten business days after receiving notice from the employer that the initial number was invalid. This subsection shall not apply if an error occurred when a valid social security number was processed by the employer, the federal government or the state.
Section 7. [NEW MATERIAL] EMPLOYMENT OF UNAUTHORIZED WORKERS--ENFORCEMENT.--
A. The attorney general is empowered to investigate and bring a civil action for the enforcement of the Employment of Unauthorized Workers Act. If the attorney general determines after an investigation that an employer knowingly employs an unauthorized worker in this state, as verified by the attorney general with the federal government, the attorney general shall:
(1) notify the employer that the employer is in violation of the Employment of Unauthorized Workers Act;
(2) notify United States immigration and customs enforcement of the unauthorized worker; and
(3) petition a district court for an order requiring the employer to cease and desist from employing the unauthorized worker and to discharge other unauthorized workers who are identified in the cease and desist order who are knowingly employed by the employer.
B. A district court may enter orders after reasonable notice and hearing. The employer may appeal from any final decision or order of the district court to the court of appeals.
C. For purposes of this section, proof of the following creates a rebuttable presumption that the employer knowingly employed an unauthorized worker:
(1) the employer violated the minimum wage requirements prescribed by the federal Fair Labor Standards Act of 1938 for the unauthorized worker identified in the petition; or
(2) the employer accepts a consular identification card that is issued by a foreign government as a form of identification when determining the employee's identity.
Section 8. [NEW MATERIAL] EMPLOYMENT OF UNAUTHORIZED WORKERS--PENALTIES.--An employer who violates the provisions of the Employment of Unauthorized Workers Act shall be subject to a civil penalty not to exceed five thousand dollars ($5,000). Any permit, license, registration or other authorization issued to the employer to conduct business in this state shall also be subject to suspension or revocation.
Section 9. [NEW MATERIAL] INTERIM LEGISLATIVE COMMITTEE ON IMMIGRATION--CREATED.--The "interim legislative committee on immigration" is created as a joint interim legislative committee. The committee shall function from the date of its appointment until the first of December prior to the first session of the fiftieth legislature.
Section 10. [NEW MATERIAL] INTERIM LEGISLATIVE COMMITTEE ON IMMIGRATION--MEMBERSHIP--APPOINTMENT--VACANCIES.--
A. The interim legislative committee on immigration shall be composed of eight members. Four members of the house of representatives shall be appointed by the speaker of the house of representatives. Four members of the senate shall be appointed by the senate committees' committee or, if the senate appointments are made in the interim, by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the senate committees' committee.
B. Members shall be appointed from each house so as to give the two major political parties in each house proportionate representation on the committee as prevails in each house; provided, however, that in no event shall either party have less than one member from each house on the committee. The speaker of the house of representatives and the president pro tempore of the senate shall each appoint a co-chair of the committee.
C. A vacancy on the committee shall be filled by appointment in the same manner as the original appointment.
D. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects the action.
E. Members of the committee shall be reimbursed for per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or
allowance.
Section 11. [NEW MATERIAL] INTERIM LEGISLATIVE COMMITTEE ON IMMIGRATION--DUTIES--COOPERATION.--
A. After its appointment, the interim legislative committee on immigration shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval.
B. Upon approval of its work plan and budget, the committee shall review the implementation and enforcement of the provisions of this 2007 act. The committee shall also make annual recommendations to the legislature that will secure the borders, prevent unauthorized border crossings and improve the enforcement of immigration laws in this state.
C. Every state agency and political subdivision of the state shall, upon request, furnish and make available to the committee documents, material or information requested by the members of the committee or its staff. Documents, the use of which is restricted by or pursuant to law or for reasons of security or the public interest, may be inspected or surveyed by the members of the committee, subject to the same restrictions imposed upon employees of the agency holding the documents.
Section 12. [NEW MATERIAL] INTERIM LEGISLATIVE COMMITTEE ON IMMIGRATION--SUBCOMMITTEES.--
A. Subcommittees may be created only by majority vote of all members appointed to the interim legislative committee on immigration and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the house of representatives and one member from the senate, and at least one member of the minority party shall be a member of the subcommittee.
B. All meetings of a subcommittee shall be approved by the full committee in advance of the meetings, and the approval shall be shown in the minutes of the committee.
Section 13. [NEW MATERIAL] INTERIM LEGISLATIVE COMMITTEE ON IMMIGRATION--REPORT.--The interim legislative committee on immigration shall make a report of its findings and recommendations for the consideration of the second session of the forty-eighth legislature; the first session of the forty-ninth legislature; the second session of the forty-ninth legislature; and the first session of the fiftieth legislature. The reports and proposed legislation shall be made available to the New Mexico legislative council on or before December 15 preceding the legislative session.
Section 14. [NEW MATERIAL] INTERIM LEGISLATIVE COMMITTEE ON IMMIGRATION--STAFF.--The staff for the interim legislative committee on immigration shall be provided by the legislative council service.
Section 15. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 16. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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