HOUSE BILL 624
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
Angelica Rubio and Antonio Maestas
AN ACT
RELATING TO LAW ENFORCEMENT; ENACTING THE IMMIGRATION DETENTION FACILITIES ACT; RESTRICTING CONTRACTS FOR IMMIGRATION DETENTION FACILITIES; IMPOSING REQUIREMENTS FOR IMMIGRATION DETENTION FACILITIES; REQUIRING INSPECTION AND REPORTING BY THE CORRECTIONS DEPARTMENT; CREATING THE NEW MEXICO INDEPENDENT MONITORING COMMISSIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Immigration Detention Facilities Act".
SECTION 2. [NEW MATERIAL] DEFINITION.--As used in the Immigration Detention Facilities Act, "immigration detention facility" means a facility that houses or detains for any length of time non-United States citizens for purposes of civil immigration custody or detention.
SECTION 3. [NEW MATERIAL] CONTRACTS FOR DETENTION FACILITIES--PERMITS FOR DETENTION FACILITIES.--
A. A non-federal law enforcement agency that does not, as of July 1, 2019, have a contract with the federal government or a private corporation to house or detain noncitizens for purposes of civil immigration custody shall not, after June 30, 2019, enter into a contract with the federal government or a private corporation to house or detain in an immigration detention facility noncitizens for purposes of civil immigration custody.
B. A non-federal law enforcement agency that, as of July 1, 2019, has an existing contract with the federal government or a private corporation to detain noncitizens for purposes of civil immigration custody shall not, after June 30, 2019, renew or modify that contract in a manner that would expand the maximum number of contract beds that may be utilized to house or detain in an immigration detention facility noncitizens for purposes of civil immigration custody.
C. The state or a political subdivision of the state shall not, after June 30, 2019, approve or sign a deed, instrument or other document related to a conveyance of land, or issue a permit for the building or reuse of existing buildings by any private corporation, contractor or vendor, to house or detain noncitizens for purposes of civil immigration proceedings unless the state or political subdivision has:
(1) provided notice to the public of the proposed conveyance or permitting action at least one hundred eighty days before execution of the conveyance or permit; and
(2) solicited and heard public comments on the proposed conveyance or permit action in at least two separate meetings open to the public.
SECTION 4. [NEW MATERIAL] CONTRACTS RELATED TO MINORS.--
A. A non-federal law enforcement agency that does not, as of July 1, 2019, have a contract with the federal government to house or detain an accompanied or unaccompanied minor in the custody of or detained by the federal office of refugee resettlement or the federal department of homeland security is prohibited from entering into a contract with the federal government to house minors in an immigration detention facility.
B. A non-federal law enforcement agency that, as of July 1, 2019, has an existing contract with the federal government to house or detain an accompanied or unaccompanied minor in the custody of or detained by the federal office of refugee resettlement or the federal department of homeland security shall not renew or modify that contract in such a way as to expand the maximum number of contract beds that may be utilized to house minors in an immigration detention facility.
C. This section does not apply to temporary housing of any accompanied or unaccompanied minor in less restrictive settings when the children, youth and families department certifies a necessity for a contract based on changing conditions of the population in need and if the housing contract:
(1) is for a period not to exceed three months and is nonrenewable on a long-term or permanent basis; and
(2) meets all applicable federal and state standards for that housing.
SECTION 5. [NEW MATERIAL] MODIFICATION OR RENEWAL OF DETENTION CONTRACTS--ACCESS TO COUNSEL AND INTERPRETERS--SEXUAL ORIENTATION--CIVIL ENFORCEMENT--PENALTY.--
A. If a non-federal law enforcement agency renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to applicable federal and state standards for detaining those individuals.
B. Nothing in this section shall prohibit an immigration detention facility operator from exceeding applicable federal and state standards for detaining those individuals.
C. An immigration detention facility operator, an agent of an immigration detention facility or a person acting on behalf of an immigration detention facility shall not deprive a noncitizen in civil immigration proceedings access to an attorney or any other person authorized by the federal department of justice or access to a translator or interpretation services.
D. A noncitizen shall not be involuntarily placed in segregated housing in an immigration detention facility because of the noncitizen's actual or perceived gender, gender identity, gender expression or sexual orientation. A transgender or gender-nonconforming noncitizen shall be given the option to choose a housing placement consistent with the noncitizen's gender identity.
E. If an immigration detention facility operator, agent of an immigration detention facility or person acting on behalf of an immigration detention facility violates applicable federal or state standards for detaining those individuals, the attorney general, a district attorney or a municipal or tribal attorney may bring a civil action for injunctive and other appropriate equitable relief.
F. A person who has suffered injury as a result of an immigration detention facility operator, agent of an immigration detention facility or person acting on behalf of an immigration detention facility violating applicable federal or state standards for detaining individuals in an immigration detention facility has the right to pursue a private right of action in district court. Upon a showing that the plaintiff has suffered injury, the court may award damages and punitive damages and order injunctive relief and shall award the cost of the suit, including reasonable attorney fees. The relief provided in this section is in addition to remedies otherwise available pursuant to common law or other New Mexico statutes.
SECTION 6. [NEW MATERIAL] INSPECTION OF IMMIGRATION DETENTION FACILITIES--REPORTING BY THE SECRETARY OF CORRECTIONS.--
A. The secretary of corrections shall engage in announced or unannounced reviews of immigration detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in New Mexico, including an immigration detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal office of refugee resettlement or federal department of homeland security. Facility reviews by the secretary of corrections may be announced or unannounced to the immigration detention facility. The secretary of corrections shall have authority over which facilities may be reviewed and when. The secretary of corrections shall provide, no later than the thirtieth day of January each year except 2020, updates and information to the legislature and the governor, including a written summary of findings, if appropriate, regarding the progress of these reviews and any relevant findings.
B. By no later than December 31, 2019, the secretary of corrections shall complete a review of immigration detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in New Mexico, including immigration detention facilities in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal office of refugee resettlement or the federal department of homeland security.
C. A review performed pursuant to Subsection B of this section shall be done in consultation with civil, human and migrant rights organizations, or individuals or organizations with a demonstrated commitment to humane treatment of vulnerable populations, and shall include a review of the:
(1) conditions of confinement;
(2) standard of care and due process provided to the individuals described in Subsection B of this section; and
(3) circumstances around the apprehension and transfer to the facility of the individuals described in Subsection B of this section.
D. By no later than December 31, 2019, the secretary of corrections may provide the legislature and the governor with a comprehensive report outlining the findings of the review described in Subsection A of this section, which report shall be posted on the website maintained by the corrections department and shall be otherwise made available to the public upon its release to the legislature and the governor.
E. The secretary of corrections shall be provided all necessary access for the observations necessary to effectuate reviews required pursuant to this section, including access to detainees, officials, personnel and records.
F. As used in this section, "secretary of corrections" means the secretary of corrections or the authorized designee of the secretary.
SECTION 7. [NEW MATERIAL] INDEPENDENT MONITORING COMMISSIONS.--
A. The "northern New Mexico independent monitoring
commission" and the "southern New Mexico independent monitoring
commission" are created and are administratively attached to the office of the attorney general.
B. Each New Mexico independent monitoring commission consists of seven members from civil, human and migrant rights organizations, or individuals from organizations with a demonstrated commitment to humane treatment of vulnerable populations, appointed by the attorney general.
C. The appointed members of the New Mexico independent monitoring commissions shall serve at the pleasure of the attorney general, and the members' appointments shall be reviewed at the commencement of each term of the attorney general. The attorney general shall designate one member of each commission as the chair, and the position of the chair shall be limited by a term of two years.
D. The New Mexico independent monitoring commissions shall meet, pursuant to the Open Meetings Act, at the call of the chair at least four times annually. For the purposes of conducting business, a majority of the members of each commission constitutes a quorum.
E. Members of the New Mexico independent monitoring commissions shall not be paid but shall receive per diem and mileage as provided in the Per Diem and Mileage Act.
F. A member of the New Mexico independent monitoring commissions may, at any time, enter an immigration detention facility within the geographic jurisdiction of the member's independent monitoring commission and have free access to every part of it and to every individual detained therein. Members of the New Mexico independent monitoring commissions shall have access to individuals contained in any specialized housing, residence or confinement that is part of the immigration detention facility.
G. The New Mexico independent monitoring commissions shall:
(1) make announced and unannounced visits to immigration detention facilities;
(2) conduct hearings on complaints made by persons detained at the immigration detention facilities;
(3) have access to all records, logs, memoranda, video and audio recordings and internal documents within an immigration detention facility except for medical records that may be accessed only with the informed consent of a detained individual; and
(4) make an annual report to the attorney general regarding the commission's activities.
H. The northern New Mexico independent monitoring commission shall have jurisdiction over all immigration detention facilities located north of the thirty-fourth parallel. The southern New Mexico independent monitoring commission shall have jurisdiction over all immigration detention facilities located south of the thirty-fourth parallel.
SECTION 8. 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.
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