HOUSE BILL 195

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Patricia Roybal Caballero and Richard C. Martinez

AN ACT

RELATING TO FEDERAL USE OF STATE RESOURCES; PROHIBITING STATE AND LOCAL AGENCIES FROM EXPENDING RESOURCES TO ENFORCE FEDERAL IMMIGRATION LAWS; RESTRICTING AUTHORITY OF SHERIFFS AND JAILS TO HOLD FEDERAL DETAINEES; REPEALING A REFERENCE IN STATE LAW TO A REPEALED FEDERAL LAW.

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

     SECTION 1. [NEW MATERIAL] NON-ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.--

          A. Except as provided in Section 33-3-16 NMSA 1978 and Subsection B of this section, neither the state nor a political subdivision of the state or their agencies or instrumentalities, including home rule municipalities, shall use or authorize the use of public funds, personnel, property, equipment or resources for the purpose of identifying, detecting, apprehending, arresting, detaining or prolonging the detention of a person based on a suspicion or knowledge that the person has entered or is residing in the United States in violation of federal immigration laws or for the purpose of assisting agents of the federal government in any such activity based on such suspicion or knowledge, including pursuant to any agreement, formal or informal, with the federal government.

          B. Nothing in this section shall be deemed to prohibit a county government that was a party to an intergovernmental service agreement for the housing of federal detainees as of January 1, 2019, from continuing to perform its obligations under such agreement or from extending the term thereof.

     SECTION 2. Section 33-3-16 NMSA 1978 (being Laws 1865-1866, Chapter 19, Section 15, as amended) is amended to read:

     "33-3-16. UNITED STATES PRISONERS.--[It shall be the duty of] The sheriff of each county [his] or the sheriff's deputy, the jailer, the jail administrator as defined in Section

4-44-19 NMSA 1978 or the independent contractor to whom any person [shall be] is remitted in conformity with a [legal process issued by or under the authority of the United States, and he is hereby required, to] warrant or order issued by a United States district judge in a criminal proceeding may receive such person [or persons] into [his] custody and keep [them] the person safely until [they shall be] the person is placed at liberty according to the laws of the United States [provided that]. The United States shall be responsible for the payment of the fee [which] that shall be established from time to time by the sheriff or the sheriff's deputy, the jailer, the jail administrator or the independent contractor in charge of the operation of a jail."

     SECTION 3. REPEAL.--Section 29-1-10 NMSA 1978 (being

Laws 1966, Chapter 24, Section 1) is repealed.

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