SANTA FE — The New Mexico Senate on Monday passed legislation that would prohibit state and local governments from contracting with federal authorities to detain people for civil immigration violations, sending the bill to Gov. Michelle Lujan Grisham for consideration.
The measure, House Bill 9, known as the Immigrant Safety Act, would block public bodies from entering into or renewing agreements used to hold individuals for federal civil immigration violations. It would also require existing contracts to be terminated at the earliest possible date. The bill does not affect criminal law enforcement or cooperation with federal authorities on criminal matters.
Supporters said the bill is meant to distance New Mexico from a federal civil detention system they say lacks proper oversight and has led to unsafe conditions in facilities operating within the state.
“This is about whether the State of New Mexico will continue to be complicit in federal civil immigration detention,” said Sen. Joseph Cervantes, a Democrat from Las Cruces and the Senate sponsor. Cervantes said immigration detention is civil, not criminal, and should not be treated as punishment.
Democratic Sen. Cindy Nava of Albuquerque described the bill as a public safety measure, arguing that fear of detention discourages people from reporting crimes or seeking help. “When people are afraid to report crimes, afraid to call the police, afraid to go to the hospital, that makes all of us less safe,” Nava said. She emphasized that the bill does not interfere with criminal arrests or investigations.
Other supporters pointed to federal inspections and lawsuits that have raised concerns about conditions at immigration detention facilities in New Mexico. Sen. Katy Duhigg, a Democrat from Albuquerque, cited deaths in custody and reports recommending the removal of detainees from certain facilities. “We cannot call ourselves a gold standard when people have died in custody in our state,” she said.
Opponents warned that the bill could have serious economic consequences for rural counties that host detention facilities. Republican lawmakers argued that closing the facilities would cost jobs and tax revenue without reducing federal detention overall.
Following the Senate vote, opposition also grew on social media. Rep. John Block, a Republican from Alamogordo, urged residents to contact the governor and ask her to veto the bill. In a video post, Block said the legislation would “economically destroy Cibola, Otero, and Torrance counties by shuttering our ICE detention facilities that house criminal illegal aliens.” He also said the bill “compromises public safety” and would cost counties millions of dollars and hundreds of jobs.
Republican Sen. Steve Lanier of Aztec echoed those concerns on the Senate floor, saying detention facilities make up a significant portion of the tax base in some counties and that there is no guarantee the state will replace that revenue.
Supporters responded that detention contracts are unstable and depend on shifting federal policy, making them a poor foundation for long-term economic planning. Several attempts to amend the bill to delay implementation or provide financial protections for affected counties were rejected.
The Senate passed the bill on a 24–15 vote. If signed by Lujan Grisham, a Democrat, the law would mark a significant change in how New Mexico engages with federal immigration detention and would formally prohibit such agreements statewide.
