45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE ADEQUATE FUNDS TO REIMBURSE COUNTIES THAT SHARE BOUNDARIES WITH MEXICO FOR THE COSTS ASSOCIATED WITH FEDERAL IMMIGRATION AND DRUG LAWS AND POLICIES THAT RESULT IN THOSE COUNTIES PROVIDING LAW ENFORCEMENT, CRIMINAL JUSTICE AND EMERGENCY MEDICAL SERVICES FOR UNDOCUMENTED ALIENS.

WHEREAS, according to a report conducted by the United States/Mexico border counties coalition from a grant funded by the United States department of justice, in fiscal year 1999 the twenty-four border counties in New Mexico, Texas, Arizona and California spent approximately one hundred eight million dollars ($108,000,000) to provide law enforcement, criminal justice and emergency medical services for illegal immigrants; and

WHEREAS, New Mexico alone has three border counties - Dona Ana, Luna and Hidalgo - that incurred total costs in 1999 of four million seven hundred thousand dollars ($4,700,000) for providing services for undocumented aliens, representing an average burden of over twenty-three dollars ($23.00) per person in the three counties; and

WHEREAS, New Mexico's border counties have neither the fiscal capability nor the governmental responsibility to shoulder the burden of providing costly, under-available and resource-draining services to vast numbers of undocumented aliens; and

WHEREAS, it is the federal government, and not any of the fifty individual states, that maintains exclusive control over immigration and drug laws and policies and is ultimately responsible for protecting the integrity of the United States' borders; and

WHEREAS, the federal government clearly bears a responsibility to the citizens of local communities for the adverse effects of national immigration and drug laws and policies and any negative consequences flowing from the implementation of those laws and policies; and

WHEREAS, many examples exist of federal laws and policies that, as implemented, negatively impact communities bordering foreign countries, Mexico in particular, due to the high influx of undocumented aliens and the transportation of illegal drugs; and

WHEREAS, under Section 4723 of the federal Balanced Budget Act of 1997, the United States government reimburses some states for the costs of providing emergency medical services to undocumented aliens; the law authorizes the payment of twenty-five million dollars ($25,000,000) for each year between 1998 and 2001 and for reimbursements to the twelve states providing the most emergency medical services, but New Mexico ranks fourteenth among the states in providing such services to undocumented aliens and consequently is ineligible for reimbursement under that law; and

WHEREAS, to conserve federal resources the United States government uses a threshold amount to determine if the quantity of narcotics illegally in the possession of an individual crossing the border warrants federal prosecution and as such, individuals possessing narcotics in a quantity below that threshold amount are turned over to county officials for prosecution on state charges; and

WHEREAS, many individuals transporting illegal drugs across national borders are all too keenly aware of the federal government's threshold requirements and, preferring if caught not to be prosecuted on federal drug charges, make certain that the quantity of drugs in their possession is an amount just below the threshold amount; and

WHEREAS, the number of individuals prosecuted by border counties on state drug charges is astronomical and continues to grow, and the effects of and costs associated with the prosecution of those cases are equally astronomical; and

WHEREAS, through the state criminal alien assistance program, the United States department of justice provides partial payment for the detention of undocumented aliens; however, the twenty-four counties bordering Mexico only receive two percent of those funds that are available nationwide and New Mexico's border counties only receive twenty-three percent of their eligible detention costs and six percent of the total costs of providing law enforcement, criminal justice and emergency medical services to illegal immigrants; and

WHEREAS, the rural counties of New Mexico and other states continue to suffer an inequity in payments from the federal government because the formula used by the department of justice in providing those payments highly favors urban areas; and

WHEREAS, as a direct byproduct of the immigration and drug laws and policies of the federal government and like many other border states, New Mexico, its border counties and the citizens of the state bear a huge financial burden, yet lack adequate finances to accommodate the monetary expense and strain on resources; and

WHEREAS, the citizens of New Mexico are the first to recognize the tremendous benefits derived from and contributions made to the state by immigrants - both documented and undocumented; and

WHEREAS, New Mexico looks forward to a day when it has the financial resources to provide law enforcement, criminal justice and emergency medical services to its citizens and all others in need who are within its borders; and

WHEREAS, until New Mexico and like border states can pay the astounding costs and possess the resources necessary to meet the unrelenting demands for services, they will remain in need of reimbursement from the federal government;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the United States congress be requested to appropriate adequate funds to reimburse the counties bordering Mexico for the costs associated with federal immigration and drug laws and policies that result in those border counties providing law enforcement, criminal justice and emergency medical services to undocumented aliens; and

BE IT FURTHER RESOLVED that the New Mexico congressional delegation be requested to join the delegations from other states to introduce and pass legislation to provide adequate funding to counties in states that share boundaries with Mexico to help pay the costs associated with federal immigration and drug laws and policies that result in those counties providing law enforcement, criminal justice and emergency medical services for illegal immigrants; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation.