SENATE BILL 250

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Antonio Maestas and Cindy Nava and Linda M. López

and Angelica Rubio and Yanira Gurrola

 

 

 

 

AN ACT

RELATING TO FEDERAL USE OF STATE RESOURCES; PROHIBITING STATE AND LOCAL AGENCIES FROM EXPENDING RESOURCES TO ENFORCE FEDERAL IMMIGRATION LAWS; MAKING DETAINMENT OF FEDERAL PRISONERS DISCRETIONARY PURSUANT TO FEDERAL LAW; REPEALING AN OBSOLETE FEDERAL REFERENCE.

 

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

     SECTION 1. [NEW MATERIAL] NON-ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.--Except as provided in Section 33-3-16 NMSA 1978, neither the state nor a political subdivision of the state, including a home rule municipality, or their agencies and instrumentalities shall use or authorize the use of public funds, personnel, property, equipment or other 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.

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 Section 33-3-16 NMSA 1978 (being Laws 1865-1866, Chapter 19, Section 15, as amended) is repealed and a new Section 33-3-16 NMSA 1978 is enacted to read:

     "33-3-16. [NEW MATERIAL] UNITED STATES PRISONERS.--

          A. As used in this section:

                (1) "jail administrator" means a person hired by a county, a municipality or a combination of these who supervises the entire operation of the jail and reports directly to the administrative head of the local governmental entity or local governing body; and

                (2) "sheriff" includes sheriff's deputies.

          B. A sheriff, a jailer, a jail administrator or an independent contractor that operates a jail and that receives custody of a person through a warrant or order issued by a United States district judge in a criminal proceeding may keep the person in custody until the person is released under the laws of the United States. The United States is responsible for the payment of the jail fee established by the sheriff, jailer, jail administrator or independent contractor that operates the jail."

     SECTION 3. REPEAL.--Section 29-1-10 NMSA 1978 (being Laws 1966, Chapter 24, Section 1) is repealed.

- 3 -