SANTA FE — New Mexico’s progressive leadership is moving at breakneck speed to advance a controversial measure that critics warn is a direct assault on federal law and a “get out of jail free” card for criminal elements within the state.
House Bill 9, dubbed the “Immigrant Safety Act,” was prioritized this week as part of an expedited “rocket-docket” intended to bypass traditional legislative hurdles and land on Gov. Michelle Lujan Grisham’s desk within the first two weeks of the 30-day session.
While proponents argue the bill is a humanitarian effort to sever ties with the federal immigration detention system, conservative lawmakers and legal experts are sounding the alarm. They argue the bill creates a dangerous precedent of state-sanctioned interference with federal authority, effectively turning New Mexico into a sanctuary state that shields individuals from federal accountability.
“This is nothing more than a calculated attempt to ‘Trump-proof’ the state by undermining the rule of law,” said Rep. Andrea Reeb (R-Clovis). “By forcing the termination of existing federal contracts and prohibiting any future cooperation, the legislature is not just protecting families—they are opening the door for criminal networks to operate with impunity, knowing our local law enforcement has been legally gagged.”
Under the provisions of HB 9, public bodies across New Mexico would be strictly prohibited from entering into, renewing, or maintaining any agreements to detain individuals for federal civil immigration violations. Furthermore, the bill mandates that any current intergovernmental service agreements with agencies like Immigration and Customs Enforcement (ICE) be terminated “at the earliest possible effective date.”
The bill also goes a step further by barring the sale or lease of public land for the purpose of immigration detention, a move that critics say amounts to a legislative blockade against the federal government’s constitutional duty to secure the border.
The “rocket-docket” strategy, announced by Senate Majority Leader Peter Wirth (D-Santa Fe), has ignited a firestorm in the Roundhouse. Republicans argue that fast-tracking a bill with such sweeping constitutional implications is a dereliction of duty.
“We are talking about a fundamental shift in how New Mexico interacts with federal law, and they want to push it through in 14 days?” said Senate Minority Floor Leader William Sharer (R-Farmington). “This isn’t about safety; it’s about a political agenda that puts the interests of those breaking the law above the safety of law-abiding New Mexicans.”
The bill’s enforcement mechanism is also under scrutiny. HB 9 empowers the New Mexico Attorney General or district attorneys to file civil actions against any public entity that continues to cooperate with federal immigration authorities. Legal analysts suggest this creates a battle between state and federal jurisdictions, likely leading to a costly and protracted legal battle that New Mexico taxpayers will ultimately fund.
Opponents of the bill point to the state’s ongoing struggle with cartel-related violence and fentanyl trafficking as reasons why coordination with federal authorities is more vital than ever. They argue that by removing the threat of detention, the state is signaling to criminal organizations that New Mexico is a path of least resistance.
As the bill clears its first committee hurdles on its way to the Governor’s desk, the lines are clearly drawn. For the Democratic majority, it is a statement of “Trump-proofing New Mexico.” For the opposition, it is a reckless fast-track toward lawlessness.
